Nevada § 633.750 - Osteopathic physician or agent or employee thereof prohibited from retaliating or discriminating against certain persons for reporting or participating in investigation or proceeding relating to sentinel event or conduct of osteopathic physician or other persons or refusing to engage in unlawful conduct; restriction of right prohibited

§ 633.750. Osteopathic physician or agent or employee thereof prohibited from retaliating or discriminating against certain persons for reporting or participating in investigation or proceeding relating to sentinel event or conduct of osteopathic physician or other persons or refusing to engage in unlawful conduct; restriction of right prohibited

1. An osteopathic physician or any agent or employee thereof shall not retaliate or

discriminate unfairly against: (a) An employee of the osteopathic physician or a person acting on behalf of the employee

who in good faith: (1) Reports to the State Board of Osteopathic Medicine information relating to the

conduct of the osteopathic physician which may constitute grounds for initiating disciplinary

action against the osteopathic physician or which otherwise raises a reasonable question

regarding the competence of the osteopathic physician to practice medicine with reasonable

skill and safety to patients; or (2) Reports a sentinel event to the Division of Public and Behavioral Health of the

Department of Health and Human Services pursuant to NRS 439.835 ; (b) A registered nurse, licensed practical nurse, nursing assistant or medication

aide - certified who is employed by or contracts to provide nursing services for the

osteopathic physician and who: (1) In good faith, reports to the osteopathic physician, the State Board of Osteopathic

Medicine, the State Board of Nursing, the Legislature or any committee thereof or

any other governmental entity: (I) Any information concerning the willful conduct of another registered nurse, licensed

practical nurse, nursing assistant or medication aide - certified which violates any

provision of chapter 632 of NRS or which is required to be reported to the State Board

of Nursing; (II) Any concerns regarding patients who may be exposed to a substantial risk of harm

as a result of the failure of the osteopathic physician or any agent or employee thereof

to comply with minimum professional or accreditation standards or applicable statutory

or regulatory requirements; or (III) Any other concerns regarding the osteopathic physician, the agents and employees

thereof or any situation that reasonably could result in harm to patients; or (2) Refuses to engage in conduct that would violate the duty of the registered nurse,

licensed practical nurse, nursing assistant or medication aide - certified to protect

patients from actual or potential harm, including, without limitation, conduct which

would violate any provision of chapter 632 of NRS or which would subject the registered

nurse, licensed practical nurse, nursing assistant or medication aide - certified

to disciplinary action by the State Board of Nursing; or (c) An employee of the osteopathic physician, a person acting on behalf of the employee

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 osteopathic

physician and who cooperates or otherwise participates in an investigation or proceeding

conducted by the State Board of Osteopathic Medicine or another governmental entity

relating to conduct described in paragraph (a) or (b). 2. An osteopathic physician or any agent or employee thereof shall not retaliate or

discriminate unfairly against an employee of the osteopathic physician 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 osteopathic physician

because the employee, registered nurse, licensed practical nurse, nursing assistant

or medication aide - certified has taken an action described in subsection 1. 3. An osteopathic physician or any agent or employee thereof shall not prohibit, restrict

or attempt to prohibit or restrict by contract, policy, procedure or any other manner

the right of an employee of the osteopathic physician 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 osteopathic physician to take

an action described in subsection 1. 4. As used in this section: (a) “ Good faith ” means honesty in fact in the reporting of the information or in the cooperation

in the investigation concerned. (b) “ Retaliate or discriminate ”: (1) Includes, without limitation, any of the following actions if taken solely because

the employee, registered nurse, licensed practical nurse, nursing assistant or medication

aide - certified took an action described in subsection 1: (I) Frequent or undesirable changes in the location where the person works; (II) Frequent or undesirable transfers or reassignments; (III) The issuance of letters of reprimand, letters of admonition or evaluations of

poor performance; (IV) A demotion; (V) A reduction in pay; (VI) The denial of a promotion; (VII) A suspension; (VIII) A dismissal; (IX) A transfer; or (X) Frequent changes in working hours or workdays. (2) Does not include an action described in sub-subparagraphs (I) to (X), inclusive,

of subparagraph (1) if the action is taken in the normal course of employment or as

a form of discipline.