NRS616C.052. Exposure of police officer, firefighter or arson investigator to contagious disease: Reporting and testing requirements; eligibility for compensation.  


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  •       1.  Except as otherwise provided in NRS 617.485 and 617.487, if a police officer, a salaried or volunteer firefighter or an arson investigator is exposed to a contagious disease:

          (a) Upon battery by an offender; or

          (b) While performing the duties of a police officer, firefighter or arson investigator,

    Ê the employer of the police officer, firefighter or arson investigator shall create and maintain a report concerning the exposure that includes, without limitation, the name of each police officer, firefighter or arson investigator, as applicable, who was exposed to the contagious disease and the name of each person, if any, to whom the police officer, firefighter or arson investigator 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, a salaried or volunteer firefighter or an arson investigator after the commencement of employment reveal that the police officer, firefighter or arson investigator tested positive for exposure to tuberculosis, the police officer, firefighter or arson investigator is eligible, during his or her 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.  Except as otherwise provided in NRS 617.485 and 617.487, if the employment of a police officer, a salaried or volunteer firefighter or an arson investigator is terminated, voluntarily or involuntarily, the employer of the police officer, firefighter or arson investigator, regardless of whether the police officer, firefighter or arson investigator has been exposed to a contagious disease during his or her employment and regardless of whether the employer has created or maintained a report concerning any exposure of the police officer, firefighter or arson investigator to a contagious disease pursuant to subsection 1, shall:

          (a) At the time of termination and at 3 months after the date of termination, provide to the police officer, firefighter or arson investigator a purified protein derivative skin test to screen for exposure to tuberculosis, unless the police officer, firefighter or arson investigator 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 616A.265, if a skin test administered pursuant to this paragraph and provided to the employer reveals that the police officer, firefighter or arson investigator tested positive for exposure to tuberculosis, the police officer, firefighter or arson investigator is eligible, during his or her 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) Within 30 days after the date of termination and at 6 and 12 months after the date of termination, provide to the police officer, firefighter or arson investigator 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, unless the police officer, firefighter or arson investigator previously submitted to such a test for a contagious disease and tested positive for exposure to that contagious disease. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if a blood test or other appropriate test administered pursuant to this paragraph and provided to the employer reveals that the police officer, firefighter or arson investigator has any other contagious disease or the antibodies associated with a contagious disease, the police officer, firefighter or arson investigator is eligible, during his or her 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, a salaried or volunteer firefighter or an arson investigator 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 limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

      (Added to NRS by 1999, 2446; A 2001, 1015, 1873; 2005, 342, 2238; 2009, 543)