Assembly Bill No. 466-Assemblymen Krenzer, Evans, Arberry, Hettrick, Manendo, Price, Cegavske, Sandoval, Mortenson, Collins, Chowning, Ernaut, Anderson, Lambert, Parks, Braunlin, Koivisto, Tiffany, Hickey, Lee, Carpenter, Goldwater, Herrera, Williams, Buckley, Neighbors, Giunchigliani, Von Tobel, Berman, Ohrenschall, Amodei, Perkins and Close
May 8, 1997
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Referred to Committee on Labor and Management
SUMMARY--Requires that certain tests of injured workers be performed pursuant to national standards. (BDR 53-822)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to industrial insurance; requiring that a test of an injured worker for the use of alcohol or a controlled substance be performed pursuant to national standards; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 616C.140 is hereby amended to read as follows:
616C.1401. Any employee who is entitled to receive compensation under chapters 616A to 616D, inclusive, of NRS shall, if:
(a) Requested by the insurer; or
(b) Ordered by an appeals officer or a hearing officer,
submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the division. If the examination requested or ordered includes testing for the use of alcohol or a controlled substance, any such testing of urine must be performed by a laboratory certified for forensic testing of urine for drugs by the College of American Pathologists or a successor organization, and any such testing of breath for alcohol must be performed pursuant to the regulations of the federal Department of Transportation.
2. If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employee to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination.
3. The request or order for an examination must fix a time and place therefor, with due regard for the nature of the medical examination, the convenience of the employee, his physical condition and his ability to attend at the time and place fixed.
4. The employee is entitled to have a physician or chiropractor, provided and paid for by him, present at any such examination.
5. If the employee refuses to submit to an examination ordered or requested pursuant to subsection 1 or 2 or obstructs the examination, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.
6. Any physician or chiropractor who makes or is present at any such examination may be required to testify as to the result thereof.