AB440 - Revises provisions relating to industrial insurance. (BDR 53-550)

A.B. 440 - *AB440* ASSEMBLY BILL NO. 440–ASSEMBLYMEMBER YUREK MARCH 17, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to industrial insurance. (BDR 53-550) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to industrial insurance; revising provisions relating to the testing of certain employees for tuberculosis, hepatitis and other contagious diseases for the purpose of compensation under industrial insurance; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the employer of a police officer, firefighter or arson 1 investigator to provide certain testing for tuberculosis, hepatitis and other 2 contagious diseases after the employment of an employee is terminated. Existing 3 law requires the employer to provide: (1) a test to screen for exposure to 4 tuberculosis, at the time of termination and at 3 months after the date of 5 termination; and (2) a blood test or other appropriate test to screen for other 6 contagious diseases, including hepatitis and human immunodeficiency virus, within 7 30 days after the date of termination and at 6 and 12 months after the date of 8 termination. (NRS 616C.052) Section 1 of this bill requires testing for: (1) 9 tuberculosis within 30 days after the date of termination, instead of at the time of 10 termination, and at 3 months after the date of termination; and (2) other contagious 11 diseases within 30 days after the date of termination and at not less than 4 months 12 but not more than 6 months after the date of termination, instead of at 6 and 12 13 months after the date of termination. Section 1 also requires such a blood test or 14 other appropriate test for other contagious diseases to be based on the most recent 15 recommendations of the Centers for Disease Control and Prevention of the United 16 States Department of Health and Human Services or the American Medical 17 Association. 18 Existing law requires a person employed as a police officer, firefighter or 19 emergency medical attendant to submit to certain testing for various strains of 20 hepatitis and other diseases or conditions associated with hepatitis, depending on 21 the employer of the person. (NRS 617.485, 617.487) Sections 2 and 3 of this bill 22 require any blood test or other appropriate test for hepatitis or other associated 23 diseases or conditions to be based on the most recent recommendations of the 24 – 2 – - *AB440* Centers for Disease Control and Prevention of the United States Department of 25 Health and Human Services or the American Medical Association. 26 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 616C.052 is hereby amended to read as 1 follows: 2 616C.052 1. Except as otherwise provided in NRS 617.485 3 and 617.487, if a police officer, a salaried or volunteer firefighter or 4 an arson investigator is exposed to a contagious disease: 5 (a) Upon battery by an offender; or 6 (b) While performing the duties of a police officer, firefighter or 7 arson investigator, 8  the employer of the police officer, firefighter or arson 9 investigator shall create and maintain a report concerning the 10 exposure that includes, without limitation, the name of each police 11 officer, firefighter or arson investigator, as applicable, who was 12 exposed to the contagious disease and the name of each person, if 13 any, to whom the police officer, firefighter or arson investigator was 14 exposed. 15 2. Except as otherwise provided in paragraph (d) of subsection 16 2 of NRS 616A.265, if the results of a physical examination 17 administered pursuant to NRS 617.455 or 617.457 to a police 18 officer, a salaried or volunteer firefighter or an arson investigator 19 after the commencement of employment reveal that the police 20 officer, firefighter or arson investigator tested positive for exposure 21 to tuberculosis, the police officer, firefighter or arson investigator is 22 eligible, during his or her lifetime, to receive compensation pursuant 23 to chapters 616A to 617, inclusive, of NRS for tuberculosis and any 24 additional diseases or conditions that are associated with or result 25 from tuberculosis. 26 3. Except as otherwise provided in NRS 617.485 and 617.487, 27 if the employment of a police officer, a salaried or volunteer 28 firefighter or an arson investigator is terminated, voluntarily or 29 involuntarily, the employer of the police officer, firefighter or arson 30 investigator, regardless of whether the police officer, firefighter or 31 arson investigator has been exposed to a contagious disease during 32 his or her employment and regardless of whether the employer has 33 created or maintained a report concerning any exposure of the police 34 officer, firefighter or arson investigator to a contagious disease 35 pursuant to subsection 1, shall: 36 (a) [At] Within 30 days after the [time] date of termination and 37 at 3 months after the date of termination, provide to the police 38 officer, firefighter or arson investigator a purified protein derivative 39 – 3 – - *AB440* skin test to screen for exposure to tuberculosis, unless the police 1 officer, firefighter or arson investigator previously submitted to such 2 a test and tested positive for exposure to tuberculosis. Except as 3 otherwise provided in paragraph (d) of subsection 2 of NRS 4 616A.265, if a skin test administered pursuant to this paragraph and 5 provided to the employer reveals that the police officer, firefighter 6 or arson investigator tested positive for exposure to tuberculosis, the 7 police officer, firefighter or arson investigator is eligible, during his 8 or her lifetime, to receive compensation pursuant to chapters 616A 9 to 617, inclusive, of NRS for tuberculosis and any additional 10 diseases or conditions that are associated with or result from 11 tuberculosis. 12 (b) Within 30 days after the date of termination and at not less 13 than 4 months but not more than 6 [and 12] months after the date 14 of termination, provide to the police officer, firefighter or arson 15 investigator a blood test or other appropriate test which is based on 16 the most recent recommendations of the Centers for Disease 17 Control and Prevention of the United States Department of Health 18 and Human Services or the American Medical Association, or 19 their successor organizations, to screen for other contagious 20 diseases, including, without limitation, hepatitis A, hepatitis B, 21 hepatitis C and human immunodeficiency virus, unless the police 22 officer, firefighter or arson investigator previously submitted to such 23 a test for a contagious disease and tested positive for exposure to 24 that contagious disease. Except as otherwise provided in paragraph 25 (d) of subsection 2 of NRS 616A.265, if a blood test or other 26 appropriate test administered pursuant to this paragraph and 27 provided to the employer reveals that the police officer, firefighter 28 or arson investigator has any other contagious disease or the 29 antibodies associated with a contagious disease, the police officer, 30 firefighter or arson investigator is eligible, during his or her lifetime, 31 to receive compensation pursuant to chapters 616A to 617, 32 inclusive, of NRS for such a disease and any additional diseases or 33 conditions that are associated with or result from the contagious 34 disease. 35 4. The former employer of a police officer, a salaried or 36 volunteer firefighter or an arson investigator shall pay all the costs 37 associated with providing skin and blood tests and other appropriate 38 tests required pursuant to subsection 3. 39 5. As used in this section, the term “battery” includes, without 40 limitation, the intentional propelling or placing, or the causing to be 41 propelled or placed, of any human excrement or bodily fluid upon 42 the person of an employee. 43 – 4 – - *AB440* Sec. 2. NRS 617.485 is hereby amended to read as follows: 1 617.485 1. Notwithstanding any other provision of this 2 chapter and except as otherwise provided in this section, if an 3 employee has hepatitis, the disease is conclusively presumed to have 4 arisen out of and in the course of his or her employment if the 5 employee has been continuously employed for 5 years or more as a 6 police officer, full-time salaried firefighter or emergency medical 7 attendant in this State before the date of any temporary or permanent 8 disability or death resulting from the hepatitis. 9 2. Compensation awarded to a police officer, firefighter or 10 emergency medical attendant, or to the dependents of such a person, 11 for hepatitis pursuant to this section must include: 12 (a) Full reimbursement for related expenses incurred for medical 13 treatments, surgery and hospitalization; and 14 (b) The compensation provided in chapters 616A to 616D, 15 inclusive, of NRS for the disability or death. 16 3. A police officer, salaried firefighter or emergency medical 17 attendant shall: 18 (a) Submit to a blood test or other appropriate test which is 19 based on the most recent recommendations of the Centers for 20 Disease Control and Prevention of the United States Department 21 of Health and Human Services or the American Medical 22 Association, or their successor organizations, to screen for 23 hepatitis C upon employment, upon the commencement of coverage 24 and thereafter on an annual basis during his or her employment. 25 (b) Submit to a blood test or other appropriate test which is 26 based on the most recent recommendations of the Centers for 27 Disease Control and Prevention of the United States Department 28 of Health and Human Services or the American Medical 29 Association, or their successor organizations, to screen for 30 hepatitis A and hepatitis B upon employment, upon the 31 commencement of coverage and thereafter on an annual basis during 32 his or her employment, except that a police officer, salaried 33 firefighter or emergency medical attendant is not required to submit 34 to a blood test or other appropriate test to screen for hepatitis A and 35 hepatitis B on an annual basis during his or her employment if he or 36 she has been vaccinated for hepatitis A and hepatitis B upon 37 employment or at other medically appropriate times during his or 38 her employment. Each employer shall provide a police officer, 39 salaried firefighter or emergency medical attendant with the 40 opportunity to be vaccinated for hepatitis A and hepatitis B upon 41 employment and at other medically appropriate times during his or 42 her employment. 43 – 5 – - *AB440* 4. All blood tests or other appropriate tests required pursuant 1 to this section and all vaccinations provided pursuant to this section 2 must be paid for by the employer. 3 5. The provisions of this section: 4 (a) Except as otherwise provided in paragraph (b), do not apply 5 to a police officer, firefighter or emergency medical attendant who 6 is diagnosed with hepatitis upon employment. 7 (b) Apply to a police officer, firefighter or emergency medical 8 attendant who is diagnosed with hepatitis upon employment if, 9 during the employment or within 1 year after the last day of the 10 employment, he or she is diagnosed with a different strain of 11 hepatitis. 12 (c) Apply to a police officer, firefighter or emergency medical 13 attendant who is diagnosed with hepatitis after the termination of the 14 employment if the diagnosis is made within 1 year after the last day 15 of the employment. 16 6. A police officer, firefighter or emergency medical attendant 17 who is determined to be: 18 (a) Partially disabled from an occupational disease pursuant to 19 the provisions of this section; and 20 (b) Incapable of performing, with or without remuneration, work 21 as a police officer, firefighter or emergency medical attendant, 22  may elect to receive the benefits provided pursuant to NRS 23 616C.440 for a permanent total disability. 24 7. As used in this section: 25 (a) “Emergency medical attendant” means a person licensed as 26 an attendant or certified as an emergency medical technician, 27 advanced emergency medical technician or paramedic pursuant to 28 chapter 450B of NRS, whose primary duties of employment are the 29 provision of emergency medical services. 30 (b) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and 31 any additional diseases or conditions that are associated with or 32 result from hepatitis A, hepatitis B or hepatitis C. 33 (c) “Police officer” means a sheriff, deputy sheriff, officer of a 34 metropolitan police department or city police officer. 35 Sec. 3. NRS 617.487 is hereby amended to read as follows: 36 617.487 1. Notwithstanding any other provision of this 37 chapter and except as otherwise provided in this section, if an 38 employee has hepatitis, the disease is conclusively presumed to have 39 arisen out of and in the course of his or her employment if the 40 employee has been continuously employed for 5 years or more as a 41 police officer or a sheriff, deputy sheriff, officer of a metropolitan 42 police department or city police officer in this State before the date 43 of any temporary or permanent disability or death resulting from the 44 hepatitis. 45 – 6 – - *AB440* 2. Compensation awarded to a police officer, or to the 1 dependents of a police officer, for hepatitis pursuant to this section 2 must include: 3 (a) Full reimbursement for related expenses incurred for medical 4 treatments, surgery and hospitalization; and 5 (b) The compensation provided in chapters 616A to 616D, 6 inclusive, of NRS for the disability or death. 7 3. A police officer shall: 8 (a) Submit to a blood test or other appropriate test which is 9 based on the most recent recommendations of the Centers for 10 Disease Control and Prevention of the United States Department 11 of Health and Human Services or the American Medical 12 Association, or their successor organizations, to screen for 13 hepatitis C upon employment and upon the commencement of 14 coverage. 15 (b) If the employer of the police officer provides screening for 16 hepatitis C for police officers on an annual basis [Text truncated for display. Full text available on LegiScan.]