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- 83rd Session (2025)
Assembly Bill No. 142–Assemblymembers Marzola, Jauregui,
Monroe-Moreno; and Yurek
CHAPTER..........
AN ACT relating to industrial insurance; revising the list of persons
who constitute a first responder for the purpose of provisions
governing the circumstances under which a first responder
may receive compensation under industrial insurance for
certain stress -related claims; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, with cert ain exceptions, an injury or disease sustained by
an employee that is caused by stress is compensable under industrial insurance if it
arose out of and in the course of his or her employment. Existing law deems an
injury or disease caused by stress that af flicts an employee who is a first responder
to arise out of and in the course of employment if the employee proves by clear and
convincing medical or psychiatric evidence that the employee has a mental injury
which is caused by extreme stress for which the primary cause was the employee
witnessing an event or series of events during the course of his or her employment
that involved: (1) the death, or the aftermath of the death, of a person as a result of
a violent event; or (2) an injury, or the aftermath of an injury, that involves grievous
bodily harm of a nature that shocks the conscience. Existing law defines the term
“first responder” for the purposes of those provisions to include: (1) a salaried or
volunteer firefighter; (2) a police officer; (3) an e mergency dispatcher or call taker
who is employed by a law enforcement agency or public safety agency in this State;
or (4) an emergency medical technician or paramedic who is employed by a public
safety agency in this State. (NRS 616C.180)
This bill adds a civilian employee of a law enforcement agency whose primary
duties involve responding to and investigating crime scenes to the list of persons
who constitute a first responder for the purposes of provisions governing the
circumstances under which a firs t responder is authorized to receive compensation
under industrial insurance for certain stress -related claims. Additionally, this bill
specifies that the term “law enforcement agency,” for the purposes of those
provisions, means any agency, office, bureau , department, unit or division created
by any statute, ordinance or rule which has a duty to enforce the law and employs
any person upon whom some or all of the powers of a peace officer are conferred.
Finally, this bill also specifies that the term “public safety agency,” for the purposes
of those provisions, means: (1) a public fire department, fire protection district or
other agency of this State or a political subdivision of this State, the primary
functions of which are to control, extinguish and supp ress fires; (2) a law
enforcement agency; or (3) an emergency medical service.
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- 83rd Session (2025)
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616C.180 is hereby amended to read as
follows:
616C.180 1. Except as otherwise provided in this section, an
injury or disease sustained by an employee that is caused by stress is
compensable pursuant to the provisions of chapters 616A to 616D,
inclusive, or chapter 617 of NRS if it arose out of and in the course
of his or her employment.
2. Except as otherwise provided in subsection 4, any ailment or
disorder caused by any gradual mental stimulus, and any death
or disability ensuing therefrom, shall be deemed not to be an injury
or disease arising out of and in the course of employment.
3. Except as otherwise provided by subsections 4 and 5, an
injury or disease caused by stress shall be deemed to arise out of and
in the course of employment only if the employee proves by clear
and convincing medical or psychiatric evidence that:
(a) The employee has a mental injury caused by extreme stress
in time of danger;
(b) The primary cause of the injury was an event that arose out
of and during the course of his or her employment; and
(c) The stress was not caused by his or her layoff, t he
termination of his or her employment or any disciplinary action
taken against him or her.
4. An injury or disease caused by stress shall be deemed to
arise out of and in the course of employment if the employee is a
first responder and proves by clear and convincing medical or
psychiatric evidence that:
(a) The employee has a mental injury caused by extreme stress
due to the employee directly witnessing:
(1) The death, or the aftermath of the death, of a person as a
result of a violent event, includ ing, without limitation, a homicide,
suicide or mass casualty incident; or
(2) An injury, or the aftermath of an injury, that involves
grievous bodily harm of a nature that shocks the conscience; and
(b) The primary cause of the mental injury was the employee
witnessing an event or a series of events described in paragraph (a)
during the course of his or her employment.
5. An injury or disease caused by stress shall be deemed to
arise out of and in the course of employment, and shall not be
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- 83rd Session (2025)
deemed th e result of gradual mental stimulus, if the employee is
employed by the State or any of its agencies or political subdivisions
and proves by clear and convincing medical or psychiatric evidence
that:
(a) The employee has a mental injury caused by extreme stress
due to the employee responding to a mass casualty incident; and
(b) The primary cause of the injury was the employee
responding to the mass casualty incident during the course of his or
her employment.
6. An agency which employs a first responde r, including,
without limitation, a first responder who serves as a volunteer, shall
provide educational training to the first responder related to the
awareness, prevention, mitigation and treatment of mental health
issues.
7. The provisions of this sec tion do not apply to a person who
is claiming compensation pursuant to NRS 617.457.
8. As used in this section:
(a) “Directly witness” means to see or hear for oneself.
(b) “First responder” means:
(1) A salaried or volunteer firefighter;
(2) A police officer;
(3) An emergency dispatcher or call taker who is employed
by a law enforcement agency or other public safety agency in this
State; [or]
(4) A civilian employee of a law enforcement agency whose
primary duties involve responding to and inve stigating crime
scenes; or
(5) An emergency medical technician or paramedic who is
employed by a public safety agency in this State.
(c) “Law enforcement agency” has the meaning ascribed to it
in NRS 289.010.
(d) “Mass casualty incident” means an event that, for the
purposes of emergency response or operations, is designated as a
mass casualty incident by one or more governmental agencies that
are responsible for public safety or for emergency response.
(e) “Public safety agency” means:
(1) A public fire department, fire protection district or other
agency of this State or a political subdivision of this State, the
primary functions of which are to control, extinguish and suppress
fires;
(2) A law enforcement agency; or
(3) An emergency medical service.
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- 83rd Session (2025)
Sec. 2. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
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