Provides immunity from liability to certain providers of health care. (BDR 3-501)

S.B. 86

- *SB86*

SENATE BILL NO. 86–COMMITTEE ON JUDICIARY

(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON JUDICIARY)

PREFILED JANUARY 7, 2025
____________

Referred to Committee on Judiciary

SUMMARY—Provides immunity from liability to certain providers
of health care. (BDR 3-501)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.

~

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

AN ACT relating to civil actions; providing immunity from liability
to a provider of health care who performs a forensic
medical examination or strangulation forensic medical
examination under certain circumstances; and provid ing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law prescribes certain requirements relating to a: (1) forensic medical 1
examination performed by a provider of health care on a victim of sexual assault 2
for the purpose of obtaining evidence from the victim; and (2) strangulation 3
forensic medical examination performed by a provider of health care on a victim of 4
domestic violence by strangulation for the purpose of assessing the health care 5
needs of the victim and coordinati ng the treatment of any injuries to the victim. 6
(Chapter 178A of NRS, NRS 200.3786, 217.300, 217.405) Existing law also 7
provides certain providers of health care who in good faith render emergency care 8
or assistance with immunity from civil liability for c ertain acts or omissions by the 9
provider of health care in rendering the emergency care or assistance. (NRS 10
41.505) This bill establishes that a provider of health care who in good faith 11
performs a forensic medical examination or strangulation forensic med ical 12
examination is not liable for any civil damages arising from any act or omission, 13
not amounting to gross negligence, by the provider of health care in performing the 14
examination or providing or arranging for the provision of further medical 15
treatment for the victim on whom the examination is performed. 16

– 2 –

- *SB86*
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 41 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. Any provider of health care who in good faith performs a 3
forensic medical examination or strangulation forensic medical 4
examination is not liable for any civil damages as a result of any 5
act or omission, not amounting to gross negligence, in performing 6
the examination or providing or arranging for the provision of 7
further medical treatment for the victim on whom the examination 8
is performed. 9
2. As used in this section: 10
(a) “Forensic medical examination” has the meaning ascribed 11
to it in NRS 217.300. 12
(b) “Provider of health care” has the meaning ascribed to it in 13
NRS 629.031. 14
(c) “Strangulation forensic medical examination” has the 15
meaning ascribed to it in NRS 217.405. 16

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