1. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if a person employed in this State contracts a contagious disease during the course and scope of his or her employment that results in a temporary or permanent disability or death, the disease is an occupational disease and compensable as such under the provisions of this chapter if:
(a) It is demonstrated that the employee was exposed to the contagious disease during the course and scope of his or her employment;
(b) The employee reported the exposure to his or her employer in compliance with the reporting requirements adopted by the employer; and
(c) A test to screen for the contagious disease that is approved by the State Board of Health is administered to the employee:
(1) Within 72 hours after the date of the exposure and the employee tests negative for exposure to the contagious disease; and
(2) After the incubation period for the contagious disease, as determined by the State Board of Health, but not later than 12 months after the date of the exposure, and the employee tests positive for exposure to the contagious disease.
2. Such an employee and the dependents of the employee are excluded from the benefits of this section if:
(a) The employee refuses to be tested for exposure to the contagious disease as required by subsection 1;
(b) The employee or the dependents of the employee are eligible to receive compensation pursuant to paragraph (b) of subsection 2 of NRS 616A.265 or NRS 616C.052; or
(c) It is proven by clear and convincing evidence that the contagious disease did not arise out of and in the course of the employment.
3. All tests for exposure to the contagious disease that are required pursuant to subsection 1 must be paid for by the employer.
4. Compensation awarded to an employee or the dependents of the employee pursuant to this section must include:
(a) Full reimbursement for related expenses incurred for:
(1) Preventive treatment administered as a precaution to the employee; and
(2) Other medical treatments, surgery and hospitalization; and
(b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death.
5. As used in this section:
(a) "Contagious disease" means hepatitis A, hepatitis B, hepatitis C, tuberculosis or the human immunodeficiency virus.
(b) "Exposed" or "exposure" means the introduction of blood or other infectious materials into the body of an employee during the performance of the employee’s official duties through the skin, eye, mucous membrane or parenteral contact. The term includes contact with airborne materials carrying tuberculosis.
(c) "Preventive treatment" includes, without limitation, tests to determine if an employee has contracted the contagious disease to which the employee was exposed.
(Added to NRS by 2001, 827)
Structure Nevada Revised Statutes
Chapter 617 - Occupational Diseases
NRS 617.015 - Rights and liabilities of employers and employees.
NRS 617.030 - "Casual" defined.
NRS 617.050 - "Compensation" defined.
NRS 617.060 - "Disablement" and "total disablement" defined.
NRS 617.065 - "Disease related to asbestos" defined.
NRS 617.070 - "Employee" and "worker" defined.
NRS 617.080 - "Employee": Persons excluded.
NRS 617.091 - "Employee": Lessees engaged in mining or operating a reduction plant.
NRS 617.100 - "Employee": Subcontractors and employees.
NRS 617.105 - "Employee": Real estate licensees.
NRS 617.110 - "Employer" defined.
NRS 617.120 - "Independent contractor" defined.
NRS 617.130 - "Medical benefits" defined.
NRS 617.135 - "Police officer" defined.
NRS 617.140 - "Silicosis" defined.
NRS 617.145 - "Sole proprietor" defined.
NRS 617.150 - "Subcontractors" defined.
NRS 617.160 - Division of Industrial Relations to administer chapter.
NRS 617.165 - Procedures for determination of contested cases.
NRS 617.1665 - Payment of premiums by employers insured by private carrier.
NRS 617.170 - No liability created for disability or death occurring before July 1, 1947.
NRS 617.175 - Independent enterprises.
NRS 617.190 - Devices modifying liability void.
NRS 617.200 - Employers to provide compensation; employer and insurer relieved from liability.
NRS 617.220 - Applicability to employers of excluded persons.
NRS 617.250 - Reporting of lessees engaged in mining or operating reduction plant.
NRS 617.342 - Notice of occupational disease: Requirements; availability of form; retention.
NRS 617.356 - Duty of insurer to accept or deny claim; written determination.
NRS 617.370 - Medical examination; refusal to submit; testimony of physician.
NRS 617.380 - Autopsy: Order by insurer; findings of physician.
NRS 617.385 - Limitation on receipt of modified motor vehicle as medical benefit.
NRS 617.390 - Compensation for both injury and disease.
NRS 617.392 - Compensation for combination of injuries, illnesses and disabilities.
NRS 617.395 - Compensation for mastectomy and reconstructive surgery.
NRS 617.400 - Compensation: Effect of false representation, willful misconduct and self-exposure.
NRS 617.405 - Judicial review of contested claims.
NRS 617.410 - Compensation paid by insurer.
NRS 617.430 - Eligibility; limitations.
NRS 617.445 - Determination of date of disablement.
NRS 617.450 - Specific occupational diseases; schedule.
NRS 617.459 - Determination of percentage of disability resulting from heart or lung diseases.
NRS 617.470 - Occupational diseases of respiratory tract resulting from exposure to dusts.
NRS 617.481 - Certain contagious diseases as occupational diseases.
NRS 617.487 - Hepatitis as occupational disease of certain other police officers.
NRS 617.510 - Penalties and remedies are cumulative; exception.