NRS441A.320. Testing of person alleged to have committed sexual offense; disclosure of results of test; assistance to victim; payment of expenses.

      1.  If the alleged victim or a witness to a crime alleges that the crime involved the sexual penetration of the victim’s body, the health authority shall perform the tests set forth in subsection 2 as soon as practicable after the arrest of the person alleged to have committed the crime, but not later than 48 hours after the person is charged with the crime by indictment or information, unless the person alleged to have committed the crime is a child who will be adjudicated in juvenile court and then not later than 48 hours after the petition is filed with the juvenile court alleging that the child is delinquent for committing such an act.

      2.  If the health authority is required to perform tests pursuant to subsection 1, it must test a specimen obtained from the arrested person for exposure to the human immunodeficiency virus and any commonly contracted sexually transmitted disease, regardless of whether the person or, if the person is a child, the parent or guardian of the child consents to providing the specimen. The agency that has custody of the arrested person shall obtain the specimen and submit it to the health authority for testing. The health authority shall perform the test in accordance with generally accepted medical practices.

      3.  In addition to the test performed pursuant to subsection 2, the health authority shall perform such follow-up tests for the human immunodeficiency virus as may be deemed medically appropriate.

      4.  As soon as practicable, the health authority shall disclose the results of all tests performed pursuant to subsection 2 or 3 to:

      (a) The victim or to the victim’s parent or guardian if the victim is a child; and

      (b) The arrested person and, if the person is a child, to the parent or guardian of the child.

      5.  If the health authority determines, from the results of a test performed pursuant to subsection 2 or 3, that a victim of sexual assault may have been exposed to the human immunodeficiency virus or any commonly contracted sexually transmitted disease, it shall, at the request of the victim, provide him or her with:

      (a) An examination for exposure to the human immunodeficiency virus and any commonly contracted sexually transmitted disease to which the health authority determines the victim may have been exposed;

      (b) Counseling regarding the human immunodeficiency virus and any commonly contracted sexually transmitted disease to which the health authority determines the victim may have been exposed; and

      (c) A referral for health care and other assistance,

Ê as appropriate.

      6.  If the court in:

      (a) A criminal proceeding determines that a person has committed a crime; or

      (b) A proceeding conducted pursuant to title 5 of NRS determines that a child has committed an act which, if committed by an adult, would have constituted a crime,

Ê involving the sexual penetration of a victim’s body, the court shall, upon application by the health authority, order that child or other person to pay any expenses incurred in carrying out this section with regard to that child or other person and that victim.

      7.  The Board shall adopt regulations identifying, for the purposes of this section, sexually transmitted diseases which are commonly contracted.

      8.  As used in this section:

      (a) “Sexual assault” means a violation of NRS 200.366.

      (b) “Sexual penetration” has the meaning ascribed to it in NRS 200.364.

      (Added to NRS by 1989, 297; A 1993, 1208; 2003, 1150; 2007, 1278)