Read the full stored bill text
- 83rd Session (2025)
Senate Bill No. 170–Senators Steinbeck and Scheible
CHAPTER..........
AN ACT relating to industrial insurance; requiring a firefighter who
is not employed by the Executive Department of the State
Government or volunteer firefighter to submit to an annual
cancer screening for certain industrial insurance coverage for
cancer; revising provisions governing the administration of
physical examinations required of certain firefighters, arson
investigators and police officers who are not employed by the
Executive Department of the State Government for certain
industrial insurance coverage for lung disease and heart
disease; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, an employee who contracts an occupational disease arising
out of and in the course of his or her employment is generally entitled to receive
compensation under industrial insurance. (Chapter 617 of NRS) Existing law
provides that certain diseases of the lungs and heart contracted b y certain
firefighters, arson investigators, volunteer firefighters and police officers are
occupational diseases for which the employee is entitled to compensation under
certain circumstances. Under existing law, an employee covered by those
provisions is required to submit to a physical examination upon employment, upon
commencement of coverage and periodically thereafter, the frequency of which
depends on the age and occupation of the employee. (NRS 617.455, 617.457)
Sections 2-4 of this bill revise requirements for the administering of such a physical
examination for an employee who is not an employee in the Executive Department
of the State Government. Effective July 1, 2026, section 2: (1) requires such a
physical examination to be administered , when possible, by a licensed physician or
advanced practice registered nurse who is knowledgeable about the physical
demands of firefighting and law enforcement; and (2) sets forth various tests and
examinations that such a physical examination must include.
Under existing law, cancer contracted by certain firefighters, volunteer
firefighters or certain other employees resulting in either temporary or permanent
disability or death is an occupational disease and compensable under industrial
insurance under certain circumstances. (NRS 617.453) Effective July 1, 2026,
section 1 of this bill requires a firefighter , other than a firefighter who is an
employee in the Executive Department of the State Government , or volunteer
firefighter to submit to a cancer scr eening upon commencement of coverage ,
thereafter on an annual basis during his or her employment and, if provided by the
employer, upon employment. Section 2 sets forth various requirements for the
administration of such a cancer screening.
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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 617.453 is hereby amended to read as follows:
617.453 1. Notwithstanding any other provision of this
chapter, cancer, resulting in either temporary or permanent
disability, or death, is an occupational disease and compensable as
such under the provisions of this chapter if:
(a) The cancer develops or manifests itself out of and in the
course of the employment of a person who, for 5 years or more, has
been:
(1) Employed in this State in a full -time salaried occupation
as:
(I) A firefighter for the benefit or safety of the public;
(II) An investigator of fires or arson; or
(III) An instructor or officer for the provision of training
concerning fire or hazardous materials; or
(2) Acting as a volunteer firefighter in this State and is
entitled to the benefits of chapters 616A to 616D, inclusive, of NRS
pursuant to the provisions of NRS 616A.145; and
(b) It is demonstrated that:
(1) The person was exposed, while in the course of the
employment, to a known carcinogen, or a substance reasonably
anticipated to be a human carcinogen, as defined by the
International Agency for Research on Cancer or the National
Toxicology Program; and
(2) The carcinogen or substance, a s applicable, is reasonably
associated with the disabling cancer.
2. With respect to a person who, for 5 years or more, has been
employed in this State as a firefighter, investigator, instructor or
officer described in subparagraph (1) of paragraph (a) o f subsection
1, or has acted as a volunteer firefighter in this State as described in
subparagraph (2) of paragraph (a) of subsection 1, the following
substances shall be deemed, for the purposes of paragraph (b) of
subsection 1, to be known carcinogens th at are reasonably
associated with the following disabling cancers:
(a) Diesel exhaust, formaldehyde and polycyclic aromatic
hydrocarbon shall be deemed to be known carcinogens that are
reasonably associated with bladder cancer.
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(b) Acrylonitrile, formald ehyde and vinyl chloride shall be
deemed to be known carcinogens that are reasonably associated with
brain cancer.
(c) Asbestos, benzene, diesel exhaust and soot, digoxin, ethylene
oxide, polychlorinated biphenyls and polycyclic aromatic
hydrocarbon shall be deemed to be known carcinogens that are
reasonably associated with breast cancer.
(d) Diesel exhaust and formaldehyde shall be deemed to be
known carcinogens that are reasonably associated with colon cancer.
(e) Diesel exhaust and soot, formaldehyde and polycyclic
aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with esophageal cancer.
(f) Formaldehyde shall be deemed to be a known carcinogen
that is reasonably associated with Hodgkin’s lymphoma.
(g) Formaldehyde and polycyclic aromatic hydrocarbon shall be
deemed to be known carcinogens that are reasonably associated with
kidney cancer.
(h) Benzene, diesel exhaust and soot, formaldehyde, 1,3 -
butadiene and polycyclic aromatic hydrocarbon shall be deemed to
be known carcinogens that are reasonably associated with leukemia.
(i) Chloroform, soot and vinyl chloride shall be deemed to be
known carcinogens that are reasonably associated with liver cancer.
(j) Arsenic, asbestos, cadmium, chromium compounds, oils,
polycyclic aromatic hydrocarbon, radon, silica, soot and tars shall be
deemed to be known carcinogens that are reasonably associated with
lung cancer.
(k) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic
hydrocarbon, soot and vinyl chloride shal l be deemed to be known
carcinogens that are reasonably associated with lymphatic or
hematopoietic cancer.
(l) Diesel exhaust, soot, aldehydes and polycyclic aromatic
hydrocarbon shall be deemed to be known carcinogens that are
reasonably associated with basal cell carcinoma, squamous cell
carcinoma and malignant melanoma.
(m) Benzene, dioxins and glyphosate shall be deemed to be
known carcinogens that are reasonably associated with multiple
myeloma.
(n) Arsenic, asbestos, benzene, diesel exhaust and soo t,
formaldehyde and hydrogen chloride shall be deemed to be known
carcinogens that are reasonably associated with nasopharyngeal
cancer, including laryngeal cancer and pharyngeal cancer.
(o) Benzene, chronic hepatitis B and C viruses, formaldehyde
and pol ychlorinated biphenyls shall be deemed to be known
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carcinogens that are reasonably associated with non -Hodgkin’s
lymphoma.
(p) Asbestos, benzene and formaldehyde shall be deemed to be
known carcinogens that are reasonably associated with ovarian
cancer.
(q) Polycyclic aromatic hydrocarbon shall be deemed to be a
known carcinogen that is reasonably associated with pancreatic
cancer.
(r) Acrylonitrile, benzene and formaldehyde shall be deemed to
be known carcinogens that are reasonably associated with pros tate
cancer.
(s) Diesel exhaust and soot, formaldehyde and polycyclic
aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with rectal cancer.
(t) Chlorophenols, chlorophenoxy herbicides and
polychlorinated biphenyls shall be deemed to be known carcinogens
that are reasonably associated with soft tissue sarcoma.
(u) Diesel exhaust and soot, formaldehyde and polycyclic
aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with stomach cancer.
(v) Diesel exhaust, soot and polychlorinated biphenyls shall be
deemed to be known carcinogens that are reasonably associated with
testicular cancer.
(w) Diesel exhaust, benzene and X -ray radiation shall be
deemed to be known carcinogens that are reasonably associated with
thyroid cancer.
(x) Diesel exhaust and soot, formaldehyde and polycyclic
aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with urinary tract cancer and ureteral
cancer.
(y) Benzene and polycyclic aromatic hydrocarbon shall be
deemed to be known carcinogens that are reasonably associated with
uterine cancer.
3. The provisions of subsection 2 do not create an exclusive list
and do not preclude any person from demonstrating, on a case-by-
case basis for the purposes of paragraph (b) of subsection 1, that a
substance is a known carcinogen or is reasonably anticipated to be a
human carcinogen, including an agent classified by the International
Agency for Research on Cancer in Group 1 or Group 2A, that is
reasonably associated with a disabling cancer.
4. Except as otherwise provided in subsection 10,
compensation awarded to the employee or his or her dependents for
disabling cancer pursuant to this section must include:
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(a) Full reimbursement for related expenses incurred for medical
treatments, surgery and hospitalization in accordance with the
schedule of fees and charges established pursuant to NRS 616C.260
or, if the insurer has contracted with an organization for managed
care or with providers of health care pursuant to NRS 616B.527, the
amount that is allowed for the treatment or other services under that
contract; and
(b) The compensation provided in chapters 616A to 616D,
inclusive, of NRS for the disability or death.
5. For a person who has been employed in this State as a
firefighter, investigator, instructor or officer described in
subparagraph (1) of paragraph (a) of subsection 1, or has acted as a
volunteer firefighter in this State as described in subparagraph (2) of
paragraph (a) of subsection 1, disabling cancer is rebuttably
presumed to have arisen out of and in the course of the employment
of the person if the disease is diagnosed during the course of the
person’s employment described in paragraph (a) of subsection 1.
6. For a person who has been employed in this State as a
firefighter, investigator, instructor or officer described in
subparagraph (1) of paragraph (a) of subsection 1 and who retires
before July 1, 2019, or has acted as a volunteer firefighter in t his
State as described in subparagraph (2) of paragraph (a) of subsection
1, regardless of the date on which the volunteer firefighter retires,
disabling cancer is rebuttably presumed to have arisen out of and in
the course of the person’s employment pursu ant to this subsection.
This rebuttable presumption applies to disabling cancer diagnosed
after the termination of the person’s employment if the diagnosis
occurs within a period, not to exceed 60 months, which begins with
the last date the employee actually worked in the qualifying capacity
and extends for a period calculated by multiplying 3 months by the
number of full years of his or her employment.
7. For a person who has been employed in this State as a
firefighter, investigator, instructor or offic er described in
subparagraph (1) of paragraph (a) of subsection 1 and who retires on
or after July 1, 2019, disabling cancer is rebuttably presumed to
have arisen out of and in the course of the person’s employment
pursuant to this subsection. This rebutta ble presumption applies to
disabling cancer diagnosed:
(a) If the person ceases employment before completing 20 years
of service as a firefighter, investigator, instructor or officer, during
the period after separation from employment which is equal to th e
number of years worked; or
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(b) If the person ceases employment after completing 20 years
or more of service as a firefighter, investigator, instructor or officer,
at any time during the person’s life.
8. Service credit which is purchased in a retireme nt system
must not be used to calculate the number of years of service or
employment of a person for the purposes of this section.
9. A rebuttable presumption created by subsection 5, 6 or 7
must control the awarding of benefits pursuant to this section unless
evidence to rebut the presumption is presented. The provisions of
subsections 5, 6 and 7 do not create a conclusive presumption.
10. A person who files a claim for a disabling cancer pursuant
to subsection 7 after he or she retires from employment as a
firefighter, investigator of fires or arson, or instructor or officer for
the provision of training concerning fire or hazardous materials is
not entitled to receive any compensation for that disease other than
medical benefits.
11. Each person who is employed as a firefighter , other than
an employee in the Executive Department of the State
Government, or acting as a volunteer firefighter and who is to be
covered for cancer pursuant to the provisions of this section shall
submit to a cancer screening:
(a) If provided by the employer, upon employment;
(b) Upon commencement of coverage; and
(c) Thereafter, on an annual basis during his or her
employment.
12. All cancer screenings required pursuant to subsection 11
must be paid for by the employer.
Sec. 2. NRS 617.454 is hereby amended to read as follows:
617.454 1. Any physical examination administered pursuant
to NRS 617.455 or 617.457 for an employee in the Executive
Department of the State Government must include:
(a) A thorough test of the functioning of the hearing of the
employee; and
(b) A purified protein derivative skin test to screen for exposure
to tuberculosis.
2. Any physical examination administered pursuant to NRS
617.455 or 617.457 for an employee who is not an employee in the
Executive Department of the State Government and any cancer
screening administered pursuant to NRS 617.453 must be
administered, when possible, by:
(a) A physician licensed pursuant to chapter 630 or 633 of
NRS; or
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(b) An advanced practice registered nurse licensed pursuant to
NRS 632.237,
who is knowledgeable about the physical demands of
firefighting and law enforcement.
3. Any physical examination administered pursuant to NRS
617.455 or 617.457 for an employee who is not an employee in the
Executive Department of the State Government must include:
(a) A thorough test of the functioning of the hearing of the
employee, which must consist of:
(1) An air conduction test; or
(2) A pure-tone test that is performed:
(I) In a soundproof booth approved by the American
National Standards Institute;
(II) Using frequencies ranging from 500 hertz to 8000
hertz; and
(III) Separately on each ear;
(b) A purified protein derivative skin test or tuberculin blo od
test to screen for exposure to tuberculosis;
(c) A physical examination, which must consist of:
(1) An examination of the vital signs of the employee,
including, without limitation, the height, weight, blood pressure,
temperature, heart rate and respiratory rate of the employee;
(2) An examination of the head, eyes, ears, nose and throat
of the employee;
(3) An examination of the neck of the employee;
(4) A cardiovascular examination using the methods of
inspection, auscultation, percussion and palpation;
(5) A pulmonary examination using the methods of
inspection, auscultation, percussion and palpation;
(6) A gastrointestinal examination using the methods of
inspection, auscultation, percussion and palpation;
(7) A genitourinary examination;
(8) An examination of the cervical, auxiliary and inguinal
lymph nodes of the employee;
(9) A neurological examination evaluating the general
mental status of the employee;
(10) A cranial nerve examination;
(11) A peripheral nerve exam ination that tests for
sensation, motor function and reflexes;
(12) A musculoskeletal examination that tests the range of
motion for all joints; and
(13) An examination of the skin of the employee for color,
vascularity, lesions and edema;
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(d) An anal ysis of the blood of the employee, which must
include, without limitation:
(1) A white blood cell count;
(2) A blood differential test;
(3) A red blood cell count;
(4) A platelet count;
(5) An aspartate aminotransferase test;
(6) An alanine aminotransferase test;
(7) A lactate dehydrogenase test;
(8) An alkaline phosphatase test;
(9) A bilirubin test;
(10) An albumin test;
(11) A blood glucose test;
(12) A creatinine test;
(13) A glomerular filtration rate test;
(14) A blood urea nitrogen test;
(15) A sodium test;
(16) A potassium test;
(17) A carbon dioxide test;
(18) A calcium test;
(19) A full lipid panel test;
(20) A thyroid stimulating hormone test;
(21) A cortisol test; and
(22) A test to detect hepatitis A, hepatitis B and hepatitis C;
(e) The pulmonary function test of spirometry;
(f) A posterior-anterior chest x-ray, which must be interpreted
by a radiologist;
(g) An examination of the heart o f the employee, which must
include:
(1) A stethoscopic examination of the heart;
(2) A resting electrocardiogram;
(3) If the employee is 40 years of age or older or
abnormalities were observed in the resting electrocardiogram, a
stress electrocardiogram; and
(4) If the employee is 40 years of age or older and the test
has not been performed in the immediately preceding 3 years, a
coronary calcium score test; and
(h) A screening of the vision of the employee, which must
include:
(1) The use of the Bailey-Lovie Chart; and
(2) A color vision test.
4. A cancer screening administered pursuant to NRS 617.453
must include, without limitation:
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(a) An examination of the skin of the employee;
(b) Except as otherwise provided in subsection 5, if the
employee is a woman who is 40 years of age or older, a
mammogram;
(c) Except as otherwise provided in subsection 5, if the
employee is a woman, a pap smear;
(d) If the employee is a man, a prostate-specific antigen test;
(e) A thyroid examination to screen for palpable nodules;
(f) If the employee is a man, a testicular examination;
(g) A urinalysis performed using a dipstick that includes,
without limitation:
(1) A pH test;
(2) A glucose test;
(3) A ketones test;
(4) A protein test;
(5) A blood test; and
(6) A bilirubin test;
(h) A fecal occult blood test; and
(i) If the employee is 45 years of age or older and the test has
not been performed in the immediately preceding 10 years, a
colonoscopy.
5. An employee who is a woman is not required to submit to a
test specified in paragraph (b) or (c) of subsection 4 if the
employee provides to the person administering the cancer
screening a written certification from the primary care physician
of the employee or a medical facility certifying that, in the 12
months immediately preceding the last cancer screening
administered on the employee:
(a) The test was conducted on the employee; or
(b) The primary care physician or medical facility concluded
that the test was unnecessary or not recommended for the
employee.
6. Except as otherwise provided in subsection 8 of NRS
617.457, the tests required by this section must be paid for by the
employer.
[3.] 7. Except as otherwise provided by the provisions
governing privacy in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104 -191, as amended, and
applicable regulations, or an employee’s collective bargaining
agreement, whichever is more restrictive:
(a) The results of a physical examination administered pursuant
to NRS 617.455 or 617.457 or a cancer screening administered
pursuant to NRS 617.453 may only be provided to:
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(1) The examining physician;
(2) The employee;
(3) The employer’s officer who is responsible for risk
management or human resources or his or her designee; and
(4) If the employee has filed a claim pursuant to NRS
617.453, 617.455 or 617.457, the insurer.
(b) A person who receives the result s of a physical examination
or cancer screening pursuant to paragraph (a) may only use the
results for the purposes of:
(1) Complying with the requirements of NRS 617.453,
617.455 or 617.457, as applicable; or
(2) Creating a report pursuant to paragraph (c).
(c) The employer’s officer who is responsible for risk
management or human resources or his or her designee may create
and release a report that is based on the results of a physical
examination administered pursuant to NRS 617.455 or 617.457 or a
cancer screening administered pursuant to NRS 617.453 to any
person whom the employer’s officer determines has a need to know
the information in the report. The report must only contain the
following information:
(1) The name of the employee who was the subject of the
physical examination [;] or cancer screening; and
(2) A statement that the employee, as applicable:
(I) Satisfies the physical qualifications required for his or
her employment; or
(II) Does not satisfy the physical qualifications required
for his or her employment.
Sec. 3. NRS 617.455 is hereby amended to read as follows:
617.455 1. Notwithstanding any other provision of this
chapter, diseases of the lungs, resulting in either temporary or
permanent disability or death, are occupational diseases and
compensable as such under the provisions of this chapter if caused
by exposure to heat, smoke, fumes, tear gas or any other noxious
gases, arising out of and in the course of the employment of a
person who, for 2 years or more, has been:
(a) Employed in this State in a full -time salaried occupation of
fire fighting or the investigation of arson for the benefit or safety of
the public;
(b) Acting as a volunteer firefighter in this State and is entitled
to the benefits of chapters 616A to 616D, inclusive, of NRS
pursuant to the provisions of NRS 616A.145; or
(c) Employed in a full -time salaried occupation as a police
officer in this State.
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2. Except as otherwise provided in subsection 3, each
employee who is to be covered for diseases of the lungs pursuant to
the provisions of this section shall submit to a physical examination
[, including a thorough test of the functioning of his or her lungs and
the making of an X -ray film of the employee’s lungs, ] upon
employment, upon commencement of the coverage, once every 2
years until the employee is 40 years of age or older and thereafter on
an annual basis during his or her employment. If the employee is an
employee in the Executive Department of the State G overnment,
the physical examination must include a thorough test of the
functioning of the lungs of the employee and the making of an X -
ray film of the employee’s lungs.
3. Each volunteer firefighter who is to be covered for diseases
of the lungs pursua nt to the provisions of this section shall submit
to:
(a) A physical examination upon employment and upon
commencement of the coverage; and
(b) The making of an X -ray film of the volunteer firefighter’s
lungs once every 3 years after the physical examin ation that is
required upon commencement of the coverage,
until the volunteer firefighter reaches the age of 50 years. Each
volunteer firefighter who is 50 years of age or older shall submit to a
physical examination once every 2 years during his or her
employment. [As used in this subsection, “physical examination”
includes the making of an X -ray film of the volunteer firefighter’s
lungs but excludes a thorough test of the functioning of his or her
lungs.]
4. All physical examinations required pursuant to subsections 2
and 3 must be paid for by the employer.
5. A disease of the lungs is conclusively presumed to have
arisen out of and in the course of the employment of a person who
has been employed in a full -time continuous, uninterrupted and
salaried occupation as a police officer, firefighter or arson
investigator for 2 years or more before the date of disablement if the
disease is diagnosed and causes the disablement:
(a) During the course of that employment;
(b) If the person ceases employment before completing 20 years
of service as a police officer, firefighter or arson investigator, during
the period after separation from employment which is equal to the
number of years worked; or
(c) If the person ceases employment after completing 20 years
or more of service as a police officer, firefighter or arson
investigator, at any time during the person’s life.
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Service credit which is purchased in a retirement system must not
be calculated towards the years of service of a person for the
purposes of this section.
6. Frequent or regular use of a tobacco product within 1 year,
or a material departure from a physician’s prescribed plan of care by
a person within 3 months, immediately preceding the filing of a
claim for compensation excludes a person who has separated from
service from the benefit of the conclusive presumption provided in
subsection 5.
7. Failure to correct predisposing conditions which lead to lung
disease when so ordered in writing by the examining physician or
advanced practice regis tered nurse, as applicable, after a physical
examination required pursuant to subsection 2 or 3 excludes the
employee from the benefits of this section if the correction is within
the ability of the employee.
8. A person who is determined to be:
(a) Partially disabled from an occupational disease pursuant to
the provisions of this section; and
(b) Incapable of performing, with or without remuneration, work
as a firefighter, police officer or arson investigator,
may elect to receive the benefits provid ed under NRS 616C.440
for a permanent total disability.
9. A person who files a claim for a disease of the lungs
specified in this section after he or she retires from employment as a
police officer, firefighter or arson investigator is not entitled to
receive any compensation for that disease other than medical
benefits.
10. The Administrator shall review a claim filed by a claimant
pursuant to this section that has been in the appeals process for
longer than 6 months to determine the circumstances cau sing the
delay in processing the claim. As used in this subsection, “appeals
process” means the period of time that:
(a) Begins on the date on which the claimant first files or
submits a request for a hearing or an appeal of a determination
regarding the claim; and
(b) Continues until the date on which the claim is adjudicated to
a final decision.
11. Except as otherwise provided in this subsection, if an
employer, insurer or third -party administrator denies a claim that
was filed pursuant to this secti on and the claimant ultimately
prevails, the Administrator may order the employer, insurer or third-
party administrator, as applicable, to pay to the claimant a benefit
penalty of not more than $200 for each day from the date on which
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an appeal is filed un til the date on which the claim is adjudicated to
a final decision. Such benefit penalty is payable in addition to any
benefits to which the claimant is entitled under the claim and any
fines and penalties imposed by the Administrator pursuant to NRS
616D.120. If a hearing before a hearing officer is requested pursuant
to NRS 616C.315 and held pursuant to NRS 616C.330, the
employer, insurer or third -party administrator, as applicable, shall
pay to the claimant all medical costs which are associated with the
occupational disease and are incurred from the date on which the
hearing is requested until the date on which the claim is adjudicated
to a final decision. If the employer, insurer or third -party
administrator, as applicable, ultimately prevails, the empl oyer,
insurer or third -party administrator, as applicable, is entitled to
recover the amount paid pursuant to this subsection in accordance
with the provisions of NRS 616C.138.
Sec. 4. NRS 617.457 is hereby amended to read as follows:
617.457 1. Notwithstanding any other provision of this
chapter, diseases of the heart of a person who, for 2 years or more,
has been employed in a full -time continuous, uninterrupted and
salaried occupation as a firefighter, arson investigat or or police
officer in this State before the date of disablement are conclusively
presumed to have arisen out of and in the course of the employment
if the disease is diagnosed and causes the disablement:
(a) During the course of that employment;
(b) If the person ceases employment before completing 20 years
of service as a police officer, firefighter or arson investigator, during
the period after separation from employment which is equal to the
number of years worked; or
(c) If the person ceases employ ment after completing 20 years
or more of service as a police officer, firefighter or arson
investigator, at any time during the person’s life.
Service credit which is purchased in a retirement system must not
be calculated towards the years of service o f a person for the
purposes of this section.
2. Frequent or regular use of a tobacco product within 1 year,
or a material departure from a physician’s prescribed plan of care by
a person within 3 months, immediately preceding the filing of a
claim for co mpensation excludes a person who has separated from
service from the benefit of the conclusive presumption provided in
subsection 1.
3. Notwithstanding any other provision of this chapter, diseases
of the heart, resulting in either temporary or permanent disability or
death, are occupational diseases and compensable as such under the
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provisions of this chapter if caused by extreme overexertion in times
of stress or danger and a causal relationship can be shown by
competent evidence that the disability or death arose out of and was
caused by the performance of duties as a volunteer firefighter by a
person entitled to the benefits of chapters 616A to 616D, inclusive,
of NRS pursuant to the provisions of NRS 616A.145 and who, for 5
years or more, has served c ontinuously as a volunteer firefighter in
this State by continuously maintaining an active status on the roster
of a volunteer fire department.
4. Except as otherwise provided in subsection 5, each
employee who is to be covered for diseases of the heart pursuant to
the provisions of this section shall submit to a physical examination
[, including an examination of the heart, ] upon employment, upon
commencement of coverage and thereafter on an annual basis during
his or her employment. If the employee is an employee in the
Executive Department of the State Government, the physical
examination must include an examination of the heart.
5. During the period in which a volunteer firefighter is
continuously on active status on the roster of a volunteer fire
department, a physical examination for the volunteer firefighter is
required:
(a) Upon employment;
(b) Upon commencement of coverage; and
(c) Once every 3 years after the physical examination that is
required pursuant to paragraph (b),
until the firefighter reaches the age of 50 years. Each volunteer
firefighter who is 50 years of age or older shall submit to a physical
examination once every 2 years during his or her employment.
6. The employer of the volunteer firefighter is res ponsible for
scheduling the physical examination. The employer shall mail to the
volunteer firefighter a written notice of the date, time and place of
the physical examination at least 10 days before the date of the
physical examination and shall obtain, a t the time of mailing, a
certificate of mailing issued by the United States Postal Service.
7. Failure to submit to a physical examination that is scheduled
by his or her employer pursuant to subsection 6 excludes the
volunteer firefighter from the benefits of this section.
8. The chief of a volunteer fire department may require an
applicant to pay for any physical examination required pursuant to
this section if the applicant:
(a) Applies to the department for the first time as a volunteer
firefighter; and
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(b) Is 50 years of age or older on the date of his or her
application.
9. The volunteer fire department shall reimburse an applicant
for the cost of a physical examination required pursuant to this
section if the applicant:
(a) Paid for the physi cal examination in accordance with
subsection 8;
(b) Is declared physically fit to perform the duties required of a
firefighter; and
(c) Becomes a volunteer with the volunteer fire department.
10. Except as otherwise provided in subsection 8, all physi cal
examinations required pursuant to subsections 4 and 5 must be paid
for by the employer.
11. Failure to correct predisposing conditions which lead to
heart disease when so ordered in writing by the examining physician
or advanced practice registered nurse, as applicable, subsequent to
a physical examination required pursuant to subsection 4 or 5
excludes the employee from the benefits of this section if the
correction is within the ability of the employee.
12. A person who is determined to be:
(a) Partially disabled from an occupational disease pursuant to
the provisions of this section; and
(b) Incapable of performing, with or without remuneration, work
as a firefighter, arson investigator or police officer,
may elect to receive the benefits pro vided under NRS 616C.440
for a permanent total disability.
13. Claims filed under this section may be reopened at any
time during the life of the claimant for further examination and
treatment of the claimant upon certification by a physician of a
change of circumstances related to the occupational disease which
would warrant an increase or rearrangement of compensation.
14. A person who files a claim for a disease of the heart
specified in this section after he or she retires from employment as a
firefighter, arson investigator or police officer is not entitled to
receive any compensation for that disease other than medical
benefits.
15. The Administrator shall review a claim filed by a claimant
pursuant to this section that has been in the appeals pr ocess for
longer than 6 months to determine the circumstances causing the
delay in processing the claim. As used in this subsection, “appeals
process” means the period of time that:
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(a) Begins on the date on which the claimant first files or
submits a req uest for a hearing or an appeal of a determination
regarding the claim; and
(b) Continues until the date on which the claim is adjudicated to
a final decision.
16. Except as otherwise provided in this subsection, if an
employer, insurer or third -party a dministrator denies a claim that
was filed pursuant to this section and the claimant ultimately
prevails, the Administrator may order the employer, insurer or third-
party administrator, as applicable, to pay to the claimant a benefit
penalty of not more th an $200 for each day from the date on which
an appeal is filed until the date on which the claim is adjudicated to
a final decision. Such benefit penalty is payable in addition to any
benefits to which the claimant is entitled under the claim and any
fines and penalties imposed by the Administrator pursuant to NRS
616D.120. If a hearing before a hearing officer is requested pursuant
to NRS 616C.315 and held pursuant to NRS 616C.330, the
employer, insurer or third -party administrator, as applicable, shall
pay to the claimant all medical costs which are associated with the
occupational disease and are incurred from the date on which the
hearing is requested until the date on which the claim is adjudicated
to a final decision. If the employer, insurer or third -party
administrator, as applicable, ultimately prevails, the employer,
insurer or third -party administrator, as applicable, is entitled to
recover the amount paid pursuant to this subsection in accordance
with the provisions of NRS 616C.138.
Sec. 5. 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.
Sec. 6. This act becomes effective on July 1, 2026.
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