Revises provisions relating to industrial insurance. (BDR 53-550)

A.B. 440

- *AB440*

ASSEMBLY BILL NO. 440–ASSEMBLYMEMBER YUREK

MARCH 17, 2025
____________

Referred to Committee on Commerce and Labor

SUMMARY—Revises provisions relating to industrial insurance .
(BDR 53-550)

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to industrial insurance; revising provisions
relating to the testing of certain employees for
tuberculosis, hepatitis and other contagious diseases for
the purpose of compensation under industrial insurance ;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the employer of a police officer, firefighter or arson 1
investigator to provide certain testing for tuberculosis, hepatitis and other 2
contagious diseases after the employment of an employee is termina ted. Existing 3
law requires the employer to provide: (1) a test to screen for exposure to 4
tuberculosis, at the time of termination and at 3 months after the date of 5
termination; and (2) a blood test or other appropriate test to screen for other 6
contagious diseases, including hepatitis and human immunodeficiency virus, within 7
30 days after the date of termination and at 6 and 12 months after the date of 8
termination. (NRS 616C.052) Section 1 of this bill requires testing for: (1) 9
tuberculosis within 30 days after the date of termination, instead of at the time of 10
termination, and at 3 months after the date of termination; and (2) other contagious 11
diseases within 30 days after the date of termination and at not less than 4 months 12
but not more than 6 months after the date of termination, instead of at 6 and 12 13
months after the date of termination. Section 1 also requires such a blood test or 14
other appropriate test for other contagious diseases to be based on the most recent 15
recommendations of the Centers for Disease Control and Prevention of the United 16
States Department of Health and Human Services or the American Medical 17
Association. 18
Existing law requires a person employed as a police officer, firefighter or 19
emergency medical attendant to submit to certain testing for various strains of 20
hepatitis and other di seases or conditions associated with hepatitis, depending on 21
the employer of the person. (NRS 617.485, 617.487) Sections 2 and 3 of this bill 22
require any blood test or other appropriate test for hepatitis or other associated 23
diseases or conditions to be based on the most recent recommendations of the 24

– 2 –

- *AB440*
Centers fo r Disease Control and Prevention of the United States Department of 25
Health and Human Services or the American Medical Association. 26

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 616C.052 is hereby amended to read as 1
follows: 2
616C.052 1. Except as otherwise provided in NRS 617.485 3
and 617.487, if a police officer, a salaried or volunteer firefighter or 4
an arson investigator is exposed to a contagious disease: 5
(a) Upon battery by an offender; or 6
(b) While performing the duties of a police officer, firefighter or 7
arson investigator, 8
 the emplo yer of the police officer, firefighter or arson 9
investigator shall create and maintain a report concerning the 10
exposure that includes, without limitation, the name of each police 11
officer, firefighter or arson investigator, as applicable, who was 12
exposed to the contagious disease and the name of each person, if 13
any, to whom the police officer, firefighter or arson investigator was 14
exposed. 15
2. Except as otherwise provided in paragraph (d) of subsection 16
2 of NRS 616A.265, if the results of a physical examina tion 17
administered pursuant to NRS 617.455 or 617.457 to a police 18
officer, a salaried or volunteer firefighter or an arson investigator 19
after the commencement of employment reveal that the police 20
officer, firefighter or arson investigator tested positive fo r exposure 21
to tuberculosis, the police officer, firefighter or arson investigator is 22
eligible, during his or her lifetime, to receive compensation pursuant 23
to chapters 616A to 617, inclusive, of NRS for tuberculosis and any 24
additional diseases or condition s that are associated with or result 25
from tuberculosis. 26
3. Except as otherwise provided in NRS 617.485 and 617.487, 27
if the employment of a police officer, a salaried or volunteer 28
firefighter or an arson investigator is terminated, voluntarily or 29
involuntarily, the employer of the police officer, firefighter or arson 30
investigator, regardless of whether the police officer, firefighter or 31
arson investigator has been exposed to a contagious disease during 32
his or her employment and regardless of whethe r the employer has 33
created or maintained a report concerning any exposure of the police 34
officer, firefighter or arson investigator to a contagious disease 35
pursuant to subsection 1, shall: 36
(a) [At] Within 30 days after the [time] date of termination and 37
at 3 months after the date of termination, provide to the police 38
officer, firefighter or arson investigator a purified protein derivative 39

– 3 –

- *AB440*
skin test to screen for exposure to tuberculosis, unless the police 1
officer, firefighter or arson investigator previously submitted to such 2
a test and tested positive for exposure to tuberculosis. Except as 3
otherwise provided in paragraph (d) of subsection 2 of NRS 4
616A.265, if a skin test administered pursuant to this paragraph and 5
provided to the empl oyer reveals that the police officer, firefighter 6
or arson investigator tested positive for exposure to tuberculosis, the 7
police officer, firefighter or arson investigator is eligible, during his 8
or her lifetime, to receive compensation pursuant to chapter s 616A 9
to 617, inclusive, of NRS for tuberculosis and any additional 10
diseases or conditions that are associated with or result from 11
tuberculosis. 12
(b) Within 30 days after the date of termination and at not less 13
than 4 months but not more than 6 [and 12] months after the date 14
of termination, provide to the police officer, firefighter or arson 15
investigator a blood test or other appropriate test which is based on 16
the most recent recommendations of the Centers for Disease 17
Control and Prevention of the United States Department of Health 18
and Human Services or the American Medical Association, or 19
their successor organizations, to screen for other contagious 20
diseases, including, without limitation, hepatitis A, hepatitis B, 21
hepatitis C and human immunodeficiency vi rus, unless the police 22
officer, firefighter or arson investigator previously submitted to such 23
a test for a contagious disease and tested positive for exposure to 24
that contagious disease. Except as otherwise provided in paragraph 25
(d) of subsection 2 of NRS 616A.265, if a blood test or other 26
appropriate test administered pursuant to this paragraph and 27
provided to the employer reveals that the police officer, firefighter 28
or arson investigator has any other contagious disease or the 29
antibodies associated with a contagious disease, the police officer, 30
firefighter or arson investigator is eligible, during his or her lifetime, 31
to receive compensation pursuant to chapters 616A to 617, 32
inclusive, of NRS for such a disease and any additional diseases or 33
conditions th at are associated with or result from the contagious 34
disease. 35
4. The former employer of a police officer, a salaried or 36
volunteer firefighter or an arson investigator shall pay all the costs 37
associated with providing skin and blood tests and other approp riate 38
tests required pursuant to subsection 3. 39
5. As used in this section, the term “battery” includes, without 40
limitation, the intentional propelling or placing, or the causing to be 41
propelled or placed, of any human excrement or bodily fluid upon 42
the person of an employee. 43

– 4 –

- *AB440*
Sec. 2. NRS 617.485 is hereby amended to read as follows: 1
617.485 1. Notwithstanding any other provision of this 2
chapter and except as otherwise provided in this section, if an 3
employee has hepatitis, the disease is conclusively presumed to have 4
arisen out of and in the course of his or her employment if the 5
employee has been continuously employed for 5 years or more as a 6
police officer, full -time salaried firefighter or emergency medical 7
attendant in this State before the date of any temporary or permanent 8
disability or death resulting from the hepatitis. 9
2. Compensation awarded to a police officer, firefighter or 10
emergency medical attendant, or to the dependents of such a person, 11
for hepatitis pursuant to this section must include: 12
(a) Full reimbursement for related expenses incurred for medical 13
treatments, surgery and hospitalization; and 14
(b) The compensation provided in chapters 616A to 616D, 15
inclusive, of NRS for the disability or death. 16
3. A police officer, salaried firefighter or emergency medical 17
attendant shall: 18
(a) Submit to a blood test or other appropriate test which is 19
based on the most recent recommendations of the Centers for 20
Disease Control and Prevention of the United Sta tes Department 21
of Health and Human Services or the American Medical 22
Association, or their successor organizations, to screen for 23
hepatitis C upon employment, upon the commencement of coverage 24
and thereafter on an annual basis during his or her employment. 25
(b) Submit to a blood test or other appropriate test which is 26
based on the most recent recommendations of the Centers for 27
Disease Control and Prevention of the United States Department 28
of Health and Human Services or the American Medical 29
Association, or t heir successor organizations, to screen for 30
hepatitis A and hepatitis B upon employment, upon the 31
commencement of coverage and thereafter on an annual basis during 32
his or her employment, except that a police officer, salaried 33
firefighter or emergency medical attendant is not required to submit 34
to a blood test or other appropriate test to screen for hepatitis A and 35
hepatitis B on an annual basis during his or her employment if he or 36
she has been vaccinated for hepatitis A and hepatitis B upon 37
employment or a t other medically appropriate times during his or 38
her employment. Each employer shall provide a police officer, 39
salaried firefighter or emergency medical attendant with the 40
opportunity to be vaccinated for hepatitis A and hepatitis B upon 41
employment and at other medically appropriate times during his or 42
her employment. 43

– 5 –

- *AB440*
4. All blood tests or other appropriate tests required pursuant 1
to this section and all vaccinations provided pursuant to this section 2
must be paid for by the employer. 3
5. The provisions of this section: 4
(a) Except as otherwise provided in paragraph (b), do not apply 5
to a police officer, firefighter or emergency medical attendant who 6
is diagnosed with hepatitis upon employment. 7
(b) Apply to a police officer, firefighter or emergency medi cal 8
attendant who is diagnosed with hepatitis upon employment if, 9
during the employment or within 1 year after the last day of the 10
employment, he or she is diagnosed with a different strain of 11
hepatitis. 12
(c) Apply to a police officer, firefighter or emerg ency medical 13
attendant who is diagnosed with hepatitis after the termination of the 14
employment if the diagnosis is made within 1 year after the last day 15
of the employment. 16
6. A police officer, firefighter or emergency medical attendant 17
who is determined to be: 18
(a) Partially disabled from an occupational disease pursuant to 19
the provisions of this section; and 20
(b) Incapable of performing, with or without remuneration, work 21
as a police officer, firefighter or emergency medical attendant, 22
 may elect to rec eive the benefits provided pursuant to NRS 23
616C.440 for a permanent total disability. 24
7. As used in this section: 25
(a) “Emergency medical attendant” means a person licensed as 26
an attendant or certified as an emergency medical technician, 27
advanced emergen cy medical technician or paramedic pursuant to 28
chapter 450B of NRS, whose primary duties of employment are the 29
provision of emergency medical services. 30
(b) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and 31
any additional diseases or condition s that are associated with or 32
result from hepatitis A, hepatitis B or hepatitis C. 33
(c) “Police officer” means a sheriff, deputy sheriff, officer of a 34
metropolitan police department or city police officer. 35
Sec. 3. NRS 617.487 is hereby amended to read as follows: 36
617.487 1. Notwithstanding any other provision of this 37
chapter and except as otherwise provided in this section, if an 38
employee has hepatitis, the disease is conclusively presumed to have 39
arisen out of and i n the course of his or her employment if the 40
employee has been continuously employed for 5 years or more as a 41
police officer or a sheriff, deputy sheriff, officer of a metropolitan 42
police department or city police officer in this State before the date 43
of any temporary or permanent disability or death resulting from the 44
hepatitis. 45

– 6 –

- *AB440*
2. Compensation awarded to a police officer, or to the 1
dependents of a police officer, for hepatitis pursuant to this section 2
must include: 3
(a) Full reimbursement for related expenses incurred for medical 4
treatments, surgery and hospitalization; and 5
(b) The compensation provided in chapters 616A to 616D, 6
inclusive, of NRS for the disability or death. 7
3. A police officer shall: 8
(a) Submit to a blood test or other appropriate test which is 9
based on the most recent recommendations of the Centers for 10
Disease Control and Prevention of the United States Department 11
of Health and Human Services or the American Medical 12
Association, or their successor organizations, to screen for 13
hepatitis C upon employment and upon the commencement of 14
coverage. 15
(b) If the employer of the police officer provides screening for 16
hepatitis C for police officers on an annual basis, submit to a blood 17
test or other appropriate test which is based on the most recent 18
recommendations of the Centers for Disease Control and 19
Prevention of the United States Department of Health and Human 20
Services or the American Medical Association, or their successor 21
organizations, to screen for hepatitis C thereafter on an annual basis 22
during his or her employment. 23
(c) If the employer of the police officer provides screening for 24
hepatitis A and hepatitis B for police officers, submit to a blood test 25
or other appropriate test which is based on the most recent 26
recommendations of the Centers for Disease Control and 27
Prevention of the United States Department of Health and Human 28
Services or the American Medical Association, or their successor 29
organizations, to screen for hepatitis A and hepatitis B upon 30
employment, upon the commencement of coverage and thereafter on 31
an annual basis during his or her employment, except that a police 32
officer is not required to submit to a blood test or other appropriate 33
test to screen for hepatitis A and hepatitis B on an annual basis 34
during his or her emp loyment if he or she has been vaccinated for 35
hepatitis A and hepatitis B upon employment or at other medically 36
appropriate times during his or her employment. Each employer 37
shall provide a police officer with the opportunity to be vaccinated 38
for hepatitis A and hepatitis B upon employment and at other 39
medically appropriate times during his or her employment. 40
4. All blood tests or other appropriate tests required pursuant 41
to this section and all vaccinations provided pursuant to this section 42
must be paid for by the employer. 43
5. The provisions of this section: 44

– 7 –

- *AB440*
(a) Except as otherwise provided in paragraph (b), do not apply 1
to a police officer who is diagnosed with hepatitis upon 2
employment. 3
(b) Apply to a police officer who is diagnosed with hepatitis 4
upon employment if, during the employment or within 1 year after 5
the last day of the employment, the police officer is diagnosed with 6
a different strain of hepatitis. 7
(c) Apply to a police officer who is diagnosed with hepatitis 8
after the termination of the employment if the diagnosis is made 9
within 1 year after the last day of the employment. 10
6. A police officer who is determined to be: 11
(a) Partially disabled from an occupational disease pursuan t to 12
the provisions of this section; and 13
(b) Incapable of performing, with or without remuneration, work 14
as a police officer, 15
 may elect to receive the benefits provided pursuant to NRS 16
616C.440 for a permanent total disability. 17
7. As used in this section: 18
(a) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and 19
any additional diseases or conditions that are associated with or 20
result from hepatitis A, hepatitis B or hepatitis C. 21
(b) “Police officer” means any police officer other than a sheriff, 22
deputy sheriff, officer of a metropolitan police department or city 23
police officer. 24
Sec. 4. The amendatory provisions of this act apply only to 25
claims filed on or after October 1, 2025. 26

H