2001 REGULAR SESSION (71st) A AB313 R2 1089
Amendment Box: Replaces Amendment No. 1045. Resolves conflict with A.B. No. 628. Makes substantive change.
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 2, line 32, by deleting “NRS.” and inserting:
“NRS, whose primary duties of employment are the provision of emergency medical services.”.
Amend sec. 3, page 3, by deleting lines 22 through 49 on page 3 and line 1 on page 4, and inserting:
“616C.052 1. [If] Except as otherwise provided in section 4 of this act, if a police officer or a salaried or volunteer fireman is exposed to a contagious disease:
(a) Upon battery by an offender; or
(b) While performing the duties of a police officer or fireman,
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the employer of the police officer or fireman shall create and
maintain a report concerning the exposure that includes, without limitation,
the name of each police officer or fireman, as applicable, who was exposed to
the contagious disease and the name of each person, if any, to whom the police
officer or fireman was exposed.
2. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if the results of a physical examination administered pursuant to NRS 617.455 or 617.457 to a police officer or a salaried or volunteer fireman after the commencement of his employment reveal that the police officer or fireman tested positive for exposure to tuberculosis, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.
3. [If] Except as otherwise provided in section 4 of this act, if the employment of a police officer or a salaried or volunteer fireman is terminated, voluntarily or involuntarily, the employer of the police officer or fireman shall:
(a) At the time of termination and at 3 months after the date of termination, provide to the police officer or fireman a purified protein derivative skin test to screen for exposure to tuberculosis, unless the police officer or fireman previously submitted to such a test and tested positive for exposure to tuberculosis. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 6161A.265, if a skin test administered pursuant to this paragraph and provided to the employer reveals that the police officer or fireman tested positive for exposure to tuberculosis, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.
(b) [At the time] Within 30 days after the date of termination and at 6 and 12 months after the date of termination, provide to the police officer or fireman a blood test or other appropriate test to screen for other contagious diseases, including, without limitation, hepatitis A, hepatitis B, hepatitis C and human immunodeficiency virus.If a blood test or other appropriate test administered pursuant to this paragraph and provided to the employer reveals that the police officer or fireman has any other contagious disease or the antibodies associated with a contagious disease, the police officer or fireman is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for such a disease and any additional diseases or conditions that are associated with or result from the contagious disease.
4. The former employer of a police officer or a salaried or volunteer fireman shall pay all the costs associated with providing skin and blood tests and other appropriate tests required pursuant to subsection 3.
5. As used in this section, the term “battery” includes, without”.
Amend sec. 4, page 4, line 49, by deleting “NRS.” and inserting:
“NRS, whose primary duties of employment are the provision of emergency medical services.”.
Amend sec. 5, page 5, line 16, after “2.” by inserting:
“Notwithstanding the provisions of section 4 of this act, a person who, on October 1, 2001, is employed as a full-time salaried fireman or emergency medical attendant in this state shall submit to a blood test to screen for hepatitis on or before November, 1, 2001. The blood test must be paid for by the employer of the person. If a person fails to submit to a blood test required by this subsection, the conclusive presumption relating to hepatitis otherwise created by section 4 of this act shall be deemed with regard to that person and for the purposes of section 4 of this act to be a rebuttable presumption that may only be rebutted by clear and convincing evidence that the hepatitis was not contracted during the period in which the person was employed as a full-time salaried firefighter or emergency medical attendant.
3.”.
Amend sec. 5, page 5, lines 22 and 23, by deleting:
“the conclusive presumption relating to hepatitis created by” and inserting:
“a rebuttable presumption that the hepatitis arose out of and in the course of his employment and is compensable in accordance with”.
Amend sec. 5, page 5, line 24, after “NRS.” by inserting:
“The presumption may only be rebutted by clear and convincing evidence that the hepatitis was not contracted during the period in which the person was employed as a full-time salaried firefighter or emergency medical attendant.”.
Amend sec. 5, page 5, line 25, by deleting “3.” and inserting “4.”.
Amend sec. 5, page 5, line 29, by deleting “NRS.” and inserting:
“NRS, whose primary duties of employment are the provision of emergency medical services.”.
Amend the title of the bill to read as follows:
“AN ACT relating to occupational diseases; creating statutory presumptions that hepatitis is an occupational disease for certain firemen and emergency medical attendants; establishing requirements of eligibility for the statutory presumptions; requiring the testing of such employees for the presence of hepatitis; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: