Nevada § 617.481 - Certain contagious diseases as occupational diseases

§ 617.481. Certain contagious diseases as occupational diseases

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.