Nevada § 441A.195 - Testing of person or decedent who may have exposed law enforcement officer, correctional officer, emergency medical attendant, firefighter, county coroner or medical examiner, person employed by or volunteering for agency of criminal justice or certain other public employees or volunteers to communicable disease

§ 441A.195. Testing of person or decedent who may have exposed law enforcement officer, correctional officer, emergency medical attendant, firefighter, county coroner or medical examiner, person employed by or volunteering for agency of criminal justice or certain other public employees or volunteers to communicable disease

1. Except as otherwise provided in NRS 259.047 , a law enforcement officer, correctional officer, emergency medical attendant, firefighter,

county coroner or medical examiner or any of their employees or volunteers, any other

person who is employed by or is a volunteer for an agency of criminal justice or any

other public employee or volunteer for a public agency who, in the course of his or

her official duties, comes into contact with human blood or bodily fluids, or the

employer of such a person or the public agency for which the person volunteers, may

petition a court for an order requiring the testing of a person or decedent for exposure

to a communicable disease if: (a) The officer, emergency medical attendant, firefighter, county coroner or medical

examiner or their employee or volunteer, other person employed by or volunteering

for an agency of criminal justice or other public employee or volunteer for a public

agency was likely exposed to a communicable disease; and (b) Testing of the person or decedent is necessary to determine the appropriate treatment

for the officer, emergency medical attendant, firefighter, county coroner, medical

examiner, employee or volunteer. 2. When possible, before filing a petition pursuant to subsection 1, the person, employer

or public agency for which the person volunteers, and who is petitioning shall submit

information concerning the likely exposure to a communicable disease to the designated

health care officer for the employer or public agency or, if there is no designated

health care officer, the person designated by the employer or public agency to document

and verify likely exposure to communicable diseases, for verification that there was

substantial exposure. Each designated health care officer or person designated by an employer or public

agency to document and verify likely exposure to communicable diseases shall establish

guidelines based on current scientific information to determine substantial exposure. 3. A court shall promptly hear a petition filed pursuant to subsection 1 and determine

whether there is probable cause to believe that a likely transfer of blood or other

bodily fluids occurred between the person who filed the petition or on whose behalf

the petition was filed and the person or decedent who likely exposed him or her to

a communicable disease. If the court determines that such probable cause exists, the court shall: (a) Order the person who likely exposed the petitioner, or the person on whose behalf

the petition was filed, to a communicable disease to submit two appropriate specimens

to a local hospital or medical laboratory for testing for exposure to a communicable

disease; or (b) Order that two appropriate specimens be taken from the decedent who likely exposed

the petitioner, or the person on whose behalf the petition was filed, to a communicable

disease and be submitted to a local hospital or medical laboratory for testing for

exposure to the communicable disease. The local hospital or medical laboratory shall perform the test in accordance with

generally accepted medical practices and shall disclose the results of the test in

the manner set forth in NRS 629.069 . 4. If a judge or a justice of the peace enters an order pursuant to this section,

the judge or justice of the peace may authorize the designated health care officer

or the person designated by the employer or public agency to document and verify likely

exposure to a communicable disease to sign the name of the judge or justice of the

peace on a duplicate order. Such a duplicate order shall be deemed to be an order of the court. As soon as practicable after the duplicate order is signed, the duplicate order

must be returned to the judge or justice of the peace who authorized the signing of

it and must indicate on its face the judge or justice of the peace to whom it is to

be returned. The judge or justice of the peace, upon receiving the returned order, shall endorse

the order with his or her name and enter the date on which the order was returned. Any failure of the judge or justice of the peace to make such an endorsement and

entry does not in and of itself invalidate the order. 5. Except as otherwise provided in NRS 629.069 , all records submitted to the court in connection with a petition filed pursuant

to this section and any proceedings concerning the petition are confidential and the

judge or justice of the peace shall order the records and any record of the proceedings

to be sealed and to be opened for inspection only upon an order of the court for good

cause shown. 6. A court may establish rules to allow a judge or justice of the peace to conduct

a hearing or issue an order pursuant to this section by electronic or telephonic means. 7. The employer of a person or the public agency for which the person volunteers,

who files a petition or on whose behalf a petition is filed pursuant to this section

or the insurer of the employer or public agency, shall pay the cost of performing

the test pursuant to subsection 3. 8. As used in this section: (a) “ Agency of criminal justice ” has the meaning ascribed to it in NRS 179A.030 . (b) “ Emergency medical attendant ” means a person who is: (1) Licensed as an attendant or certified as an emergency medical technician, advanced

emergency medical technician or paramedic pursuant to chapter 450B of NRS ; or (2) Authorized to practice as an emergency medical technician, advanced emergency

medical technician or paramedic in this State under the Recognition of Emergency Medical

Services Personnel Licensure Interstate Compact ratified by NRS 450B.145 .