1. An employee of a medical facility or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility and who believes that he or she has been retaliated or discriminated against in violation of NRS 449.205 may file an action in a court of competent jurisdiction.
2. If a court determines that a violation of NRS 449.205 has occurred, the court may award such damages as it determines to have resulted from the violation, including, without limitation:
(a) Compensatory damages;
(b) Reimbursement of any wages, salary, employment benefits or other compensation denied to or lost by the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified as a result of the violation;
(c) Attorney’s fees and costs, including, without limitation, fees for expert witnesses; and
(d) Punitive damages, if the facts warrant.
3. The court shall award interest on the amount of damages at a rate determined pursuant to NRS 17.130.
4. The court may grant any equitable relief it considers appropriate, including, without limitation, reinstatement of the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified and any temporary, preliminary or permanent injunctive relief.
5. If any action to retaliate or discriminate is taken against an employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified within 60 days after the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified takes any action described in subsection 1 of NRS 449.205, there is a rebuttable presumption that the action taken against the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified constitutes retaliation or discrimination in violation of NRS 449.205.
6. A medical facility or any agent or employee thereof that violates the provisions of NRS 449.205 is subject to a civil penalty of not more than $10,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.
7. Any action under this section must be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.
8. As used in this section, "retaliate or discriminate" has the meaning ascribed to it in NRS 449.205.
(Added to NRS by 2002 Special Session, 17; A 2005, 1518; 2009, 1420; 2011, 1339)
Structure Nevada Revised Statutes
Chapter 449 - Medical Facilities and Other Related Entities
NRS 449.0015 - "Agency to provide nursing in the home" defined.
NRS 449.0021 - "Agency to provide personal care services in the home" defined.
NRS 449.0025 - "Board" defined.
NRS 449.0026 - "Community-based living arrangement services" defined.
NRS 449.0027 - Community health worker" defined.
NRS 449.0028 - Community health worker pool" defined.
NRS 449.0031 - "Community triage center" defined.
NRS 449.0032 - "Division" defined.
NRS 449.00325 - "Employment agency" defined.
NRS 449.0033 - "Facility for hospice care" defined.
NRS 449.0038 - "Facility for intermediate care" defined.
NRS 449.00385 - "Facility for modified medical detoxification" defined.
NRS 449.00387 - "Facility for refractive surgery" defined.
NRS 449.0039 - "Facility for skilled nursing" defined.
NRS 449.004 - "Facility for the care of adults during the day" defined.
NRS 449.00455 - "Facility for the treatment of alcohol or other substance use disorders" defined.
NRS 449.0046 - "Facility for the treatment of irreversible renal disease" defined.
NRS 449.0055 - "Facility for transitional living for released offenders" defined.
NRS 449.0065 - "Freestanding birthing center" defined. [Effective January 1, 2022.]
NRS 449.0105 - "Home for individual residential care" defined.
NRS 449.0115 - "Hospice care" defined.
NRS 449.012 - "Hospital" defined.
NRS 449.013 - "Independent center for emergency medical care" defined.
NRS 449.0145 - "Licensed practical nurse" defined.
NRS 449.01513 - "Medication aide - certified" defined.
NRS 449.01515 - "Mobile unit" defined.
NRS 449.0152 - "Nursing assistant" defined.
NRS 449.0153 - "Nursing pool" defined.
NRS 449.0155 - "Obstetric center" defined. [Effective through December 31, 2021.]
NRS 449.0156 - "Palliative services" defined.
NRS 449.01563 - Peer support recovery organization" defined. [Effective through December 31, 2021.]
NRS 449.01566 - Peer support services" defined. [Effective through December 31, 2021.]
NRS 449.0157 - "Provider of health care" defined.
NRS 449.0159 - "Provider of supported living arrangement services" defined.
NRS 449.0165 - "Psychiatric hospital" defined.
NRS 449.0167 - "Registered nurse" defined.
NRS 449.017 - "Residential facility for groups" defined.
NRS 449.0175 - "Rural clinic" defined.
NRS 449.0177 - "Rural hospital" defined.
NRS 449.0185 - "Supported living arrangement services" defined.
NRS 449.019 - "Surgical center for ambulatory patients" defined.
NRS 449.0195 - "Terminally ill" defined.
NRS 449.029 - "Medical facility" further defined.
NRS 449.0303 - Authority of Board to require licensing of other facilities.
NRS 449.0307 - Powers of Division.
NRS 449.040 - Application for license: Filing; contents.
NRS 449.069 - Substitute for surety bond required for facility for refractive surgery.
NRS 449.085 - Form and contents of license.
NRS 449.091 - Provisional license.
NRS 449.111 - Authorized activities of licensee; requirements governing provision of services.
NRS 449.113 - Grounds for denying renewal of license.
NRS 449.1195 - "Psychiatric residential treatment facility" defined.
NRS 449.4332 - Additional grounds for denial, suspension or revocation of certificate.
NRS 449.163 - Administrative sanctions: Imposition by Division; disposition of money collected.
NRS 449.165 - Administrative sanctions: Regulations of Board.
NRS 449.1818 - Off-campus location of hospital to obtain distinct national provider identifier.
NRS 449.1821 - Hospital to accept payment through Medicare; exceptions.
NRS 449.186 - Supervision of residential facility for groups.
NRS 449.1865 - Certain residential facilities for groups to be equipped with fire sprinkler system.
NRS 449.187 - Supervision of facility for skilled nursing or facility for intermediate care.
NRS 449.191 - Medical facility not required to allow abortions.
NRS 449.192 - Admission of dentist to membership on medical staff of hospital.
NRS 449.1925 - Staff privileges for telehealth providers.
NRS 449.195 - Waiver of deductible or copayment; conditions.
NRS 449.196 - Requirements for program of hospice care.
NRS 449.197 - Provision of care by facility for hospice care.
NRS 449.202 - Classification of hospitals.
NRS 449.204 - Misleading name or other designation of facility prohibited.
NRS 449.220 - Action to enjoin violations.
NRS 449.240 - Institution and conduct of prosecutions.
NRS 449.2413 - "Certified nursing assistant" defined.
NRS 449.2414 - "Health care facility" defined.
NRS 449.2416 - "Licensed nurse" defined.
NRS 449.2417 - "Practice of surgical technology" defined.
NRS 449.24175 - "Surgical technologist" defined.
NRS 449.2418 - "Unit" defined.
NRS 449.24195 - Applicability of provisions concerning surgical technology.
NRS 449.248 - Additional services to be provided by agency to provide nursing in home.
NRS 449.2487 - Notice to be provided by certain facilities which offer independent living.
NRS 449.24891 - "Ophthalmologist" defined.
NRS 449.24892 - "Postoperative care" defined.
NRS 449.24893 - "Preoperative care" defined.
NRS 449.24894 - "Surgical treatment for a refractive error of the eye" defined.
NRS 449.270 - State Department to constitute sole agency of State for certain purposes.
NRS 449.280 - Duties of State Department.
NRS 449.310 - Requirements of program for construction of health facilities.
NRS 449.320 - Application for federal money; deposit of money.
NRS 449.380 - Inspection of construction of health facility; certification by State Department.
NRS 449.400 - State Public Health Facilities Construction Assistance Fund: Creation; administration.
NRS 449.420 - Amount of state assistance: Allocations; payments.
NRS 449.4304 - "Intermediary service organization" defined.
NRS 449.4308 - Authority to provide services.
NRS 449.431 - Certificate required; exception; penalty.
NRS 449.4311 - Application for certificate: Contents.
NRS 449.4314 - Application for certificate: Fee.
NRS 449.4317 - Issuance of certificate; nontransferability.
NRS 449.4318 - Form and contents of certificate.
NRS 449.4319 - Expiration and renewal of certificate.
NRS 449.4321 - Grounds for denial, suspension or revocation of certificate.
NRS 449.4324 - Provisional certificate.
NRS 449.4325 - Deposit of money received; expenses of Division to enforce provisions.
NRS 449.4327 - Regulations; powers of Division.
NRS 449.4336 - Administrative sanctions: Regulations.
NRS 449.4337 - Notice by Division of disciplinary action; exception; appeal.
NRS 449.4338 - Action to enjoin violations.
NRS 449.4339 - Prosecution by district attorney.
NRS 449.436 - "Conscious sedation" defined.
NRS 449.437 - "Deep sedation" defined.
NRS 449.438 - "General anesthesia" defined.
NRS 449.439 - "Physician" defined.
NRS 449.443 - Application for permit; fee; inspection by Division; term of permit.
NRS 449.444 - Application for renewal of permit; fee.
NRS 449.4465 - Report of Division concerning surgical centers for ambulatory patients.
NRS 449.460 - Powers of Director.
NRS 449.470 - Director may use staff or contract for services.
NRS 449.476 - Committee to ensure quality of care: Formation by hospital; general requirements.
NRS 449.500 - Director to carry out analyses and studies concerning cost of health care.