State Website Full Text (most recent version):
http://www.multistatetech.com/cgi/citesource?sctnys=NVAB102009
Last Action:
05/29/2009 Approved by the Governor. Chapter 324. Effective July 1, 2009.
Primary Synopsis:
Prohibits retaliation or discrimination against registered nurses, licensed practical nurses and nursing assistants who report certain information relating to the safety of patients.
Additional Bill Information:
April 21, 2009 Second Reprint Language-
Legislative Counsel’s Digest:
Existing law prohibits a medical facility, physician or osteopathic physician from retaliating or discriminating against an employee who reports in good faith information concerning the conduct of a physician or osteopathic physician to the Board of Medical Examiners or the State Board of Osteopathic Medicine, reports in good faith a sentinel event to the Health Division of the Department of Health and Human Services or cooperates or participates in good faith in an investigation or proceeding conducted by the Board of Medical Examiners, the State Board of Osteopathic Medicine or another governmental entity concerning the conduct or sentinel event. Existing law also prohibits such retaliation or discrimination against a registered nurse, licensed practical nurse or nursing assistant who refuses to provide nursing services that he does not have the knowledge, skill or experience to provide. (NRS 449.205, 630.293, 633.505)
Sections 1, 3 and 5 of this bill provide additional protection against retaliation or discrimination for a registered nurse, licensed practical nurse or nursing assistant who: (1) reports in good faith certain information or concerns regarding the safety of patients; or (2) refuses to engage in conduct which would violate his duty to protect patients from actual or potential harm or which would subject him to disciplinary action by the State Board of Nursing. Sections 1, 3 and 5 also add a definition of “good faith.”
Existing law provides that an employee of a medical facility, physician or osteopathic physician or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the medical facility, physician or osteopathic physician may file an action in court based on retaliation or discrimination. (NRS 449.207, 630.296, 633.507) Sections 2, 4 and 6 of this bill expand these provisions by authorizing the court in such an action to award compensatory damages, reimbursement of lost wages and benefits, attorney’s fees and punitive damages and to grant any equitable relief it considers appropriate. Sections 2, 4 and 6 also provide that the Attorney General or any district attorney of this State may bring a civil action in the name of the State of Nevada to recover a civil penalty of not more than $ 10,000 for each such act of retaliation or discrimination.
Existing law provides immunity from civil liability to physicians, homeopathic physicians and osteopathic physicians for providing certain information concerning an applicant for a license or a licensee in good faith to their licensing boards and others for the decisions or actions taken by them in good faith in response to information received by the board. (NRS 630.364, 630A.540, 633.691) Sections 4.3, 4.7 and 7 of this bill further prohibit the licensing board of a physician, homeopathic physician or osteopathic physician from taking any adverse action against a physician, homeopathic physician or osteopathic physician for disclosing a violation of any law, rule or regulation to a governmental entity or for cooperating with a governmental entity that is conducting an investigation, hearing or inquiry into such a violation.
