NEVADA LEGISLATURE
Eighteenth Special Session, 2002
ASSEMBLY DAILY JOURNAL
THE THIRD DAY
Carson City (Wednesday), July 31, 2002
Assembly called to order at 12:23 p.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Assemblyman John Lee.
Dear Father in heaven. Thank You for the wonderful opportunity we have to come together on this beautiful day. Father, we ask for Thy blessing today, we ask for wisdom, intellect, to be able to understand the important issues before us. Please bless us that we will be tolerant of those who are on different sides of the issue. Please bless us to be attentive as they present these issues. Please bless us that we will be able to understand, to be able to leave this building doing the best that we could for the people that have so much entrusted in us. Thank you for this wonderful country. Thank you for the good health that we all enjoy today. Please bless us. We say this in the name of the Creator. Amen
Amen.
Pledge of allegiance to the Flag.
Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
COMMUNICATIONS
MESSAGES FROM THE GOVERNOR
Office Of The Governor
Carson City, Nevada , July 31, 2002
The Honorable Richard D. Perkins, Speaker of the Assembly, Legislative Building, 401 S. Carson Street, Carson City, Nevada 89701
To the Members of the Nevada State Assembly:
Section 9 of Article V of the Nevada Constitution provides that the Governor may request the Legislature, when convened in Special Session, to consider matters other than those set forth in the call. With this letter, I am exercising my constitutional authority to bring additional legislative business to your attention.
During the 2001 Legislative Session, Assembly Bill 558 established the state’s share of the cost of premiums or contributions for group insurance for each public officer and employee, and for those retirees who have retired from the state and have continued to participate in the public employee’s benefits program. It is requested legislation be considered that would increase the state’s contribution so that the historical level of support for these groups can be maintained.
Best wishes in your deliberations.
Sincerely,
Kenny C. Guinn
MESSAGES FROM THE Senate
Senate Chamber, Carson City, July 31, 2002
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 2.
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Mary Jo Mongelli |
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Assistant Secretary of the Senate, |
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 2.
Assemblywoman Buckley moved that the bill be referred to the Committee on Medical Malpractice Issues.
Motion carried.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:32 p.m.
ASSEMBLY IN SESSION
At 7:56 p.m.
Mr. Speaker presiding.
Quorum present.
COMMUNICATIONS
MESSAGES FROM THE GOVERNOR
Office Of The Governor
Carson City, Nevada , July 31, 2002
The Honorable Richard D. Perkins, Speaker of the Assembly, Legislative Building, 401 S. Carson Street, Carson City, Nevada 89701
To the Members of the Nevada State Assembly:
Section 9 of Article V of the Nevada Constitution provides that the Governor may request the Legislature, when convened in Special Session, to consider matters other than those set forth in the call. With this letter, I am exercising my constitutional authority to bring additional legislative business to your attention.
On July 30, 2002, during a hearing in the Senate, there was favorable discussion that the several liability standard in medical malpractice cases should be extended to mid-wives and nurse anesthetists when non-economic damages are considered. In light of this testimony, legislation may be considered regarding this issue.
Best wishes in your deliberations.
Sincerely,
Kenny C. Guinn
MESSAGES FROM THE Senate
Senate Chamber, Carson City, July 31, 2002
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 1, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 3.
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Mary Jo Mongelli |
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Assistant Secretary of the Senate |
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 3.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 1.
The following Senate amendment was read:
Amendment No. 4.
Amend section 1, page 2, line 20, by deleting “2” and inserting “3”.
Amend section 1, page 2, line 29, after “whether” by inserting “or not”.
Amend section 1, page 2, line 44, by deleting:
“as a result” and inserting:
“, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant arising out”.
Amend section 1, page 2, line 48, after “2.” by inserting:
“Except as otherwise provided in subsection 3 and NRS 41.505:
(a) A hospital other than a hospital described in paragraph (a) of subsection 1;
(b) An employee of a hospital described in paragraph (a); and
(c) A physician or dentist licensed under the provisions of chapter 630, 631 or 633 of NRS who renders care or assistance in a hospital described in paragraph (a), whether or not the care or assistance was rendered gratuitously or for a fee, that in good faith renders care or assistance necessitated by a sudden, unexpected situation or occurrence resulting in an acute life-threatening medical condition demanding immediate medical attention, for which the patient enters the hospital through its emergency room, may not be held liable for more than $50,000 in civil damages, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant arising out of any act or omission in rendering that care or assistance if the care or assistance is rendered in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct.
3.”.
Amend section 1, page 3, line 5, by deleting “subsection 1” and inserting:
“subsections 1 and 2”.
Amend section 1, page 3, line 9, by deleting “3.” and inserting:
“4. If:
(a) A physician or dentist provides follow-up care to a patient to whom he rendered care or assistance pursuant to subsection 1 or 2;
(b) A medical condition arises during the course of the follow-up care that is directly related to the original medical condition for which care or assistance was rendered pursuant to subsection 1 or 2; and
(c) The patient files an action for malpractice based on the medical condition that arises during the course of the follow-up care,
there is a rebuttable presumption that the medical condition was caused by the care or assistance rendered pursuant to subsection 1 or 2 and that the limitation on liability provided by subsection 1 or 2 applies with respect to the medical condition that arises during the course of the follow-up care.
5.”.
Amend section 1, page 3, line 10, after “1” by inserting “or 2”.
Amend the bill as a whole by adding a new section designated sec. 1.5, following section 1, to read as follows:
“Sec. 1.5. NRS 41.505 is hereby amended to read as follows:
41.505 1. Any physician or registered nurse who in good faith gives instruction or provides supervision to an emergency medical attendant or registered nurse, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in giving that instruction or providing that supervision. An emergency medical attendant, registered nurse or licensed practical nurse who obeys an instruction given by a physician, registered nurse or licensed practical nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.
2. Except as otherwise provided in subsection 3, any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state, who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person. This section does not excuse a physician or nurse from liability for damages resulting from his acts or omissions which occur in a licensed medical facility relative to any person with whom there is a preexisting relationship as a patient.
3. Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who renders emergency obstetrical care or assistance to a pregnant woman during labor or the delivery of the child is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if:
(a) The care or assistance is rendered in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct;
(b) The person has not previously provided prenatal or obstetrical care to the woman; and
(c) The damages are reasonably related to or primarily caused by a lack of prenatal care received by the woman.
A licensed medical facility in which such care or assistance is rendered is not liable for any civil damages as a result of any act or omission by the person in rendering that care or assistance if that person is not liable for any civil damages pursuant to this subsection and the actions of the medical facility relating to the rendering of that care or assistance do not amount to gross negligence or reckless, willful or wanton conduct.
4. Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who:
(a) Is retired or otherwise does not practice on a full-time basis; and
(b) Gratuitously and in good faith, renders medical care within the scope of his license to an indigent person,
is not liable for any civil damages as a result of any act or omission by him, not amounting to gross negligence or reckless, willful or wanton conduct, in rendering that care.
5. Any person licensed to practice medicine under the provisions of chapter 630 or 633 of NRS or licensed to practice dentistry under the provisions of chapter 631 of NRS who renders care or assistance to a patient at a health care facility of a governmental entity or a nonprofit organization is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if the care or assistance is rendered gratuitously, in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct.
6. As used in this section:
(a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.
(b) “Gratuitously” has the meaning ascribed to it in NRS 41.500.
(c) “Health care facility” has the meaning ascribed to it in NRS 449.800.”.
Amend sec. 5, page 3, line 28, after “2” by inserting “or 4”.
Amend sec. 5, page 3, by deleting lines 36 through 42.
Amend sec. 5, page 3, line 43, by deleting “(g)” and inserting “(a)”.
Amend sec. 5, page 3, line 45, by deleting “(h)” and inserting “(b)”.
Amend sec. 5, page 4, line 1, by deleting “In” and inserting:
“Except as otherwise provided in subsection 4, in”.
Amend sec. 5, page 4, line 11, after “4.” by inserting:
“The limitations set forth in subsections 1 and 3 do not apply in an action for damages for medical malpractice or dental malpractice unless the defendant was covered by professional liability insurance at the time the injury occurred in an amount of:
(a) Not less than $1,000,000 per occurrence; and
(b) Not less than $3,000,000 in the aggregate.
5.”.
Amend sec. 5, page 4, by deleting lines 13 through 28 and inserting:
“6 . For the purposes of this section, “gross malpractice” means failure to exercise the required degree of care, skill or knowledge that amounts to:
(a) A conscious indifference to the consequences which may result from the gross malpractice; and
(b) A disregard for and indifference to the safety and welfare of the patient.”.
Amend sec. 6, page 4, line 29, before “In” by inserting “1.”.
Amend sec. 6, page 4, between lines 32 and 33, by inserting:
“2. As used in this section, “medical malpractice” means the failure of a physician, hospital, employee of a hospital, certified nurse midwife or certified registered nurse anesthetist in rendering services to use the reasonable care, skill or knowledge ordinarily used under similar circumstances.”.
Amend sec. 8, page 5, line 2, after “practices” by inserting:
“or has practiced”.
Amend sec. 9, page 5, by deleting lines 5 and 6 and inserting:
“malpractice, each plaintiff, each defendant, the representative of each defendant’s insurer and their respective attorneys shall attend and”.
Amend sec. 9, page 5, line 16, after “party” by inserting:
“, his insurer”.
Amend sec. 10, page 5, lines 21 and 22, by deleting “and 41A.009” and inserting:
“, 41A.009 and 41A.013”.
Amend sec. 12, page 7, line 14, after “practices” by inserting:
“or has practiced”.
Amend the bill as a whole by deleting sections 18 through 50 and inserting:
“Secs. 18-50. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 57 and inserting:
“Sec. 57. (Deleted by amendment.)”.
Amend sec. 58, page 23, line 14, by deleting:
“59 to 64, inclusive,” and inserting:
“62, 63 and 64”.
Amend the bill as a whole by deleting sections 59 through 61 and inserting:
“Secs. 59-61. (Deleted by amendment.)”.
Amend sec. 69, page 27, line 40, by deleting “41A.013,”.
Amend sec. 72, page 28, line 2, by deleting “41A.013” and inserting “41A.016”.
Amend sec. 72, page 28, line 24, by deleting “41A.013” and inserting “41A.016”.
Amend the bill as a whole by deleting sec. 74 and inserting:
“Sec. 74. (Deleted by amendment.)”.
Amend sec. 75, page 29, by deleting line 9 and inserting:
“Sec. 75. This section and sections 1 to 17, inclusive, 51 to 58,”.
Amend sec. 75, page 29, line 10, by deleting “61” and inserting “62”.
Amend sec. 75, page 29, by deleting lines 12 and 13.
Amend the leadlines of repealed sections by deleting the leadline of NRS 41A.013.
Amend the preamble of the bill, page 2, by deleting lines 1 through 13 and inserting:
“Whereas, It is recognized that patients who have been injured by medical malpractice must be afforded appropriate access to legal remedies for their injuries and that judicial discretion to render decisions in malpractice actions involving exceptional circumstances must be preserved; now, therefore,”.
Assemblyman Anderson moved that the Assembly do not concur in the Senate Amendment No. 4 to Assembly Bill No. 1.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that all rules be suspended and that Assembly Bill No. 1 be immediately transmitted to the Senate.
Motion carried unanimously.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 8:01 p.m.
ASSEMBLY IN SESSION
At 9:11 p.m.
Mr. Speaker presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Senate Bill No. 3, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry Jr., Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, July 31, 2002
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 1, and requests a conference, and appointed Senators Raggio, Rawson and Schneider as a first Conference Committee to meet with a like committee of the Assembly.
UNFINISHED BUSINESS
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Buckley, Perkins, Brown as a First Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 1.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that all rules be suspended, reading so far considered second reading, rules further suspended, and that Senate Bill No. 3 be declared an emergency measure under the Constitution and placed on third reading and final passage.
Motion carried unanimously.
general file and third reading
Senate Bill No. 3.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 7.
Amend section 1, page 2, line 4, by deleting “$486.10” and inserting “$465.78”.
Amend sec. 2, page 2, line 13, by deleting “$275.40” and inserting “$263.89”.
Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding new sections designated sections 3 and 4, following sec. 2, to read as follows:
“Sec. 3. The board of the public employees’ benefits program shall ensure that:
1. No state employee who is a member of the program is required to pay, for the fiscal year 2002-2003, any part of the cost of the premiums or contributions for the program which are attributable to the health benefits coverage of the employee by the program. The provisions of this subsection do not prohibit requiring a state employee to pay the cost of the premiums or contributions attributable to the coverage of the state employee’s dependents by the program.
2. Any money resulting from the amendatory provisions of section 1 of this act that exceeds the amount necessary to carry out the provisions of subsection 1 is applied to reserves or used to maintain current health benefits.
Sec. 4. The board of the public employees’ benefits program shall issue a request for information or a request for proposals to determine whether privatization of the public employees’ benefits program is economically feasible. The board of the public employees’ benefits program shall require that any information or proposals returned in response to a request issued pursuant to this section are returned to the board in sufficient time to allow the board to use such information or proposals when making any decisions regarding any plan for benefits that will begin on or after July 1, 2003.”.
Amend sec. 3, page 2, line 14, by deleting:
“January 1, 2003.” and inserting:
“October 1, 2002.”.
Amend the title of the bill, third line, after the semicolon, by inserting:
“requiring the board of the public employees’ benefits program to issue a request for information or proposals concerning privatization of the program;”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani, Koivisto and Gustavson.
Potential conflict of interest by Assemblymen Koivisto and Gustavson.
Assemblyman Gustavson requested that his remarks be entered in the Journal.
Thank you, Mr. Speaker. I do need to disclose that my wife is a public employee. Although his will not affect me more than anyone else, I will be abstaining from voting.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 9:16 p.m.
ASSEMBLY IN SESSION
At 3:52 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblywoman Buckley moved that the Assembly adjourn until Thursday, August 1, 2002 at 4:00 a.m.
Motion carried.
Assembly adjourned at 3:53 a.m.
Approved:Richard D. Perkins
Attest: Jacqueline Sneddon
UNION LABEL