Senate Bill No. 184–Senator Mathews

 

February 20, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises certain provisions governing occupational diseases contracted by police officers. (BDR 53‑851)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public employees; expanding the definition of “accident benefits” for purposes of industrial insurance to include preventative treatment for hepatitis administered as a precaution to a police officer employed in this state; including certain game wardens and investigators within the definition of “police officer” for various purposes relating to industrial injuries, occupational diseases and programs for public employees; creating a statutory presumption that hepatitis is an occupational disease for a police officer; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 616A.035 is hereby amended to read as

1-2  follows:

1-3  616A.035  1.  “Accident benefits” means medical, surgical,

1-4  hospital or other treatments, nursing, medicine, medical and surgical

1-5  supplies, crutches and apparatuses, including prosthetic devices.

1-6  2.  The term includes:

1-7  (a) Medical benefits as defined by NRS 617.130;

1-8  (b) Preventive treatment administered as a precaution to an

1-9  employee who is exposed to a contagious disease while providing

2-1  medical services, including emergency medical care, in the course

2-2  and scope of his employment;

2-3  (c) Preventive treatment administered as a precaution to a police

2-4  officer or a salaried or volunteer fireman who:

2-5       (1) Was exposed to a contagious disease:

2-6           (I) Upon battery by an offender; or

2-7           (II) While performing the duties of a police officer or

2-8  fireman,

2-9  if the exposure is documented by the creation and maintenance of a

2-10  report concerning the exposure pursuant to paragraph (a) of

2-11  subsection 1 of NRS 616C.052; or

2-12          (2) Tests positive for exposure to tuberculosis under the

2-13  circumstances described in NRS 616C.052; and

2-14      (d) Preventive treatment for hepatitis administered as a

2-15  precaution to a police officer, full-time salaried fireman or [an]

2-16  emergency medical attendant employed in this state.

2-17      3.  The term does not include:

2-18      (a) Exercise equipment, a hot tub or a spa for an employee’s

2-19  home;

2-20      (b) Membership in an athletic or health club;

2-21      (c) Except as otherwise provided in NRS 616C.245, a motor

2-22  vehicle; or

2-23      (d) The costs of operating a motor vehicle provided pursuant to

2-24  NRS 616C.245, fees related to the operation or licensing of the

2-25  motor vehicle or insurance for the motor vehicle.

2-26      4.  As used in this section:

2-27      (a) “Battery” includes, without limitation, the intentional

2-28  propelling or placing, or the causing to be propelled or placed, of

2-29  any human excrement or bodily fluid upon the person of an

2-30  employee.

2-31      (b) “Emergency medical attendant” means a person licensed as

2-32  an attendant or certified as an emergency medical technician,

2-33  intermediate emergency medical technician or advanced emergency

2-34  medical technician pursuant to chapter 450B of NRS, whose

2-35  primary duties of employment are the provision of emergency

2-36  medical services.

2-37      (c) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and

2-38  any additional diseases or conditions that are associated with or

2-39  result from hepatitis A, hepatitis B or hepatitis C.

2-40      (d) “Preventive treatment” includes, without limitation:

2-41          (1) Tests to determine if an employee has contracted hepatitis

2-42  or any other contagious disease to which he was exposed; and

2-43          (2) If an employee tests positive for exposure to tuberculosis

2-44  under the circumstances described in NRS 616C.052, such

2-45  medication and chest X rays as are recommended by the Centers for

3-1  Disease Control and Prevention of the United States Department of

3-2  Health and Human Services.

3-3  Sec. 2.  NRS 617.135 is hereby amended to read as follows:

3-4  617.135  “Police officer” includes:

3-5  1.  A sheriff, deputy sheriff, officer of a metropolitan police

3-6  department or city policeman;

3-7  2.  A chief, inspector, supervisor, commercial officer or trooper

3-8  of the Nevada Highway Patrol;

3-9  3.  A chief, investigator or agent of the Investigation Division

3-10  of the Department of Public Safety;

3-11      4.  An officer or investigator of the Section for the Control of

3-12  Emissions From Vehicles of the Department of Motor Vehicles;

3-13      5.  An investigator of the Division of Compliance Enforcement

3-14  of the Department of Motor Vehicles;

3-15      6.  A member of the police department of the University and

3-16  Community College System of Nevada;

3-17      7.  A:

3-18      (a) Uniformed employee of; or

3-19      (b) Forensic specialist employed by,

3-20  the Department of Corrections whose position requires regular and

3-21  frequent contact with the offenders imprisoned and subjects the

3-22  employee to recall in emergencies;

3-23      8.  A parole and probation officer of the Division of Parole and

3-24  Probation of the Department of Public Safety;

3-25      9.  A forensic specialist or correctional officer employed by the

3-26  Division of Mental Health and Developmental Services of the

3-27  Department of Human Resources at facilities for mentally

3-28  disordered offenders; [and]

3-29      10.  The State Fire Marshal, his assistant and his deputies[.] ;

3-30      11.  A game warden who has the powers of a peace officer

3-31  pursuant to NRS 289.280; and

3-32      12.  An investigator who:

3-33      (a) Is employed by the district attorney of a county whose

3-34  population is 100,000 or more; and

3-35      (b) Has the powers of a peace officer pursuant to

3-36  NRS 289.170.

3-37      Sec. 3.  NRS 617.485 is hereby amended to read as follows:

3-38      617.485  1.  Notwithstanding any other provision of this

3-39  chapter and except as otherwise provided in this section, if an

3-40  employee has hepatitis, the disease is conclusively presumed to have

3-41  arisen out of and in the course of his employment if the employee

3-42  has been continuously employed for 5 years or more as a police

3-43  officer, full-time salaried fireman or emergency medical attendant in

3-44  this state before the date of any temporary or permanent disability or

3-45  death resulting from the hepatitis.

4-1  2.  Compensation awarded to a police officer, fireman or [an]

4-2  emergency medical attendant, or to the dependents of such a person,

4-3  for hepatitis pursuant to this section must include:

4-4  (a) Full reimbursement for related expenses incurred for medical

4-5  treatments, surgery and hospitalization; and

4-6  (b) The compensation provided in chapters 616A to 616D,

4-7  inclusive, of NRS for the disability or death.

4-8  3.  A police officer, salaried fireman or [an] emergency medical

4-9  attendant shall submit to a blood test to screen for hepatitis upon

4-10  employment, upon the commencement of coverage and thereafter on

4-11  an annual basis during his employment. All blood tests required

4-12  pursuant to this section must be paid for by the employer.

4-13      4.  The provisions of this section:

4-14      (a) Except as otherwise provided in paragraph (b), do not apply

4-15  to a police officer, fireman or emergency medical attendant who is

4-16  diagnosed with hepatitis upon employment.

4-17      (b) Apply to a police officer, fireman or emergency medical

4-18  attendant who is diagnosed with hepatitis upon employment if,

4-19  during the employment or within 1 year after the last day of the

4-20  employment, he is diagnosed with a different strain of hepatitis.

4-21      (c) Apply to a police officer, fireman or emergency medical

4-22  attendant who is diagnosed with hepatitis after the termination of the

4-23  employment if the diagnosis is made within 1 year after the last day

4-24  of the employment.

4-25      5.  A police officer, fireman or [an] emergency medical

4-26  attendant who is determined to be:

4-27      (a) Partially disabled from an occupational disease pursuant to

4-28  the provisions of this section; and

4-29      (b) Incapable of performing, with or without remuneration, work

4-30  as a police officer, fireman or [an] emergency medical

4-31  attendant,

4-32  may elect to receive the benefits provided pursuant to NRS

4-33  616C.440 for a permanent total disability.

4-34      6.  As used in this section:

4-35      (a) “Emergency medical attendant” means a person licensed as

4-36  an attendant or certified as an emergency medical technician,

4-37  intermediate emergency medical technician or advanced emergency

4-38  medical technician pursuant to chapter 450B of NRS, whose

4-39  primary duties of employment are the provision of emergency

4-40  medical services.

4-41      (b) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and

4-42  any additional diseases or conditions that are associated with or

4-43  result from hepatitis A, hepatitis B or hepatitis C.

4-44      Sec. 4.  1.  Notwithstanding any provision of NRS 617.485, a

4-45  person who submits to a blood test to screen for hepatitis on or after

5-1  July 1, 2003, but on or before August 1, 2003, and who, on July 1,

5-2  2003:

5-3  (a) Is employed as a police officer in this state; or

5-4  (b) Had at any time been continuously employed for 5 years or

5-5  more as a police officer in this state,

5-6  shall be deemed to be in compliance with all blood testing that

5-7  would otherwise be required by subsection 3 of NRS 617.485

5-8  through the date of the blood test.

5-9  2.  Notwithstanding the provisions of NRS 617.485, a person

5-10  who, on July 1, 2003, is employed as a police officer in this state

5-11  shall submit to a blood test to screen for hepatitis on or before

5-12  August 1, 2003. The blood test must be paid for by the employer of

5-13  the person. If a person fails to submit to a blood test required by this

5-14  subsection, the conclusive presumption relating to hepatitis

5-15  otherwise created by NRS 617.485 shall be deemed with regard to

5-16  that person and for the purposes of NRS 617.485 to be a rebuttable

5-17  presumption that may only be rebutted by clear and convincing

5-18  evidence that the hepatitis was not contracted during the period in

5-19  which the person was employed as a police officer.

5-20      3.  If:

5-21      (a) A blood test taken pursuant to this section indicates that a

5-22  person has hepatitis; and

5-23      (b) Before taking the blood test, the person had at any time been

5-24  continuously employed for 5 years or more as a police officer in this

5-25  state,

5-26  the person is entitled to a rebuttable presumption that the hepatitis

5-27  arose out of and in the course of his employment and is

5-28  compensable in accordance with NRS 617.485 if he, before

5-29  January 1, 2004, files a claim for compensation pursuant to chapter

5-30  617 of NRS. The presumption may only be rebutted by clear and

5-31  convincing evidence that the hepatitis was not contracted during the

5-32  period in which the person was employed as a police officer in this

5-33  state.

5-34      4.  As used in this section:

5-35      (a) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and

5-36  any additional diseases or conditions that are associated with or

5-37  result from hepatitis A, hepatitis B or hepatitis C.

5-38      (b) “Police officer” includes:

5-39          (1) A sheriff, deputy sheriff, officer of a metropolitan police

5-40  department or city policeman;

5-41          (2) A chief, inspector, supervisor, commercial officer or

5-42  trooper of the Nevada Highway Patrol;

5-43          (3) A chief, investigator or agent of the Investigation

5-44  Division of the Department of Public Safety;

6-1       (4) An officer or investigator of the Section for the Control

6-2  of Emissions From Vehicles of the Department of Motor Vehicles;

6-3       (5) An investigator of the Division of Compliance

6-4  Enforcement of the Department of Motor Vehicles;

6-5       (6) A member of the police department of the University and

6-6  Community College System of Nevada;

6-7       (7) A:

6-8           (I) Uniformed employee of; or

6-9           (II) Forensic specialist employed by,

6-10  the Department of Corrections whose position requires regular and

6-11  frequent contact with the offenders imprisoned and subjects the

6-12  employee to recall in emergencies;

6-13          (8) A parole and probation officer of the Division of Parole

6-14  and Probation of the Department of Public Safety;

6-15          (9) A forensic specialist or correctional officer employed by

6-16  the Division of Mental Health and Developmental Services of the

6-17  Department of Human Resources at facilities for mentally

6-18  disordered offenders;

6-19          (10) The State Fire Marshal, his assistant and his deputies;

6-20          (11) A game warden who has the powers of a peace officer

6-21  pursuant to NRS 289.280; and

6-22          (12) An investigator who:

6-23              (I) Is employed by the district attorney of a county whose

6-24  population is 100,000 or more; and

6-25              (II) Has the powers of a peace officer pursuant to

6-26  NRS 289.170.

6-27      Sec. 5.  The amendatory provisions of this act do not apply to

6-28  any person who, on July 1, 2003, is receiving compensation for

6-29  hepatitis pursuant to chapters 616A to 616D, inclusive, of NRS. As

6-30  used in this section, “hepatitis” includes hepatitis A, hepatitis B,

6-31  hepatitis C and any additional diseases or conditions that are

6-32  associated with or result from hepatitis A, hepatitis B or hepatitis C.

6-33      Sec. 6.  This act becomes effective on July 1, 2003.

 

6-34  H