Assembly Bill No. 279–Assemblymen Leslie, Gibbons, Giunchigliani, Goldwater, Parks, Anderson, Buckley, Carpenter, Chowning, Collins, Freeman, Humke, Koivisto, Manendo, McClain, Neighbors, Oceguera, Parnell, Price, Smith and Williams

 

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AN ACT relating to occupational disease; providing for the availability of industrial insurance benefits to employees for exposure to certain contagious diseases; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 617 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   1.  Notwithstanding any other provision of this chapter and except as

 otherwise provided in this section, if a person employed in this state

 contracts a contagious disease during the course and scope of his

 employment that results in a temporary or permanent disability or death,

 the disease is an occupational disease and compensable as such under

 the provisions of this chapter if:

   (a) It is demonstrated that the employee was exposed to the contagious

 disease during the course and scope of his employment;

   (b) The employee reported the exposure to his employer in compliance

 with the reporting requirements adopted by the employer; and

   (c) A test to screen for the contagious disease that is approved by the

 state board of health is administered to the employee:

     (1) Within 72 hours after the date of the exposure and the employee

 tests negative for exposure to the contagious disease; and

     (2) After the incubation period for the contagious disease, as

 determined by the state board of health, but not later than 12 months

 after the date of the exposure, and the employee tests positive for

 exposure to the contagious disease.

   2.  Such an employee and his dependents are excluded from the

 benefits of this section if:

   (a) The employee refuses to be tested for exposure to the contagious

 disease as required by subsection 1;

   (b) The employee or his dependents are eligible to receive

 compensation pursuant to paragraph (b) of subsection 2 of NRS

 616A.265 or NRS 616C.052; or

   (c) It is proven by clear and convincing evidence that the contagious

 disease did not arise out of and in the course of the employment.

   3.  All tests for exposure to the contagious disease that are required

 pursuant to subsection 1 must be paid for by the employer.

   4.  Compensation awarded to an employee or his dependents

 pursuant to this section must include:

   (a) Full reimbursement for related expenses incurred for:

     (1) Preventive treatment administered as a precaution to the

 employee; and

     (2) Other medical treatments, surgery and hospitalization; and

   (b) The compensation provided in chapters 616A to 616D, inclusive,

 of NRS for the disability or death.

   5.  As used in this section:

   (a) “Contagious disease” means hepatitis A, hepatitis B, hepatitis C,

 tuberculosis, the human immunodeficiency virus or acquired immune

 deficiency syndrome.

   (b) “Exposed” or “exposure” means the introduction of blood or other

 infectious materials into the body of an employee during the

 performance of his official duties through the skin, eye, mucous

 membrane or parenteral contact. The term includes contact with

 airborne materials carrying tuberculosis.

   (c) “Preventive treatment” includes, without limitation, tests to

 determine if an employee has contracted the contagious disease to which

 he was exposed.

   Sec. 2. The provisions of this act do not apply to an employee who,

 before October 1, 2001, is receiving compensation pursuant to the

 provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

 

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