Assembly Bill No. 347–Assemblyman Geddes

 

March 17, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning civil liability of occupational licensing boards and of persons who provide information to, assist or file complaints with such boards. (BDR 3‑1152)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to civil actions; providing in skeleton form for immunity from civil liability to certain persons who furnish or otherwise assist an occupational licensing board in an investigation and to certain persons who file complaints with such a board; providing complete sovereign immunity to occupational licensing boards in certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1.  Chapter 41 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  1.  A person who furnishes information to or

1-4  otherwise assists an occupational licensing board as part of an

1-5  investigation of the occupational licensing board, or who files a

1-6  complaint of professional misconduct with an occupational

1-7  licensing board concerning:

1-8  (a) A person whom the occupational licensing board regulates;

1-9  or

1-10      (b) A person who has applied to the occupational licensing

1-11  board for a license, certificate or other authority to practice a

1-12  profession,

2-1  is immune from civil liability for furnishing such information or

2-2  filing such a complaint, unless it is proven that the person acted in

2-3  bad faith and with malicious intent. For the purposes of this

2-4  subsection, “bad faith” includes, without limitation, providing

2-5  information to the occupational licensing board without a

2-6  reasonable belief that the information is true.

2-7  2.  If a civil action is commenced against a person described

2-8  in subsection 1 and the court finds that the person is immune from

2-9  civil liability pursuant to this section, the court may award

2-10  reasonable costs and attorney’s fees to the person.

2-11      3.  As used in this section, “occupational licensing board” has

2-12  the meaning ascribed to it in NRS 622.010.

2-13      Sec. 3.  1.  No action may be brought under NRS 41.031 or

2-14  against an officer or employee of the State or any of its agencies

2-15  or political subdivisions which is based upon:

2-16      (a) Any investigation conducted by an occupational licensing

2-17  board of a person whom the occupational licensing board

2-18  regulates or concerning a person who has applied to the

2-19  occupational licensing board for a license, certificate or other

2-20  authority to practice a profession;

2-21      (b) Any action taken by an occupational licensing board as a

2-22  result of an investigation described in paragraph (a); or

2-23      (c) For any other act performed by an occupational licensing

2-24  board which is within the scope of duties of the occupational

2-25  licensing board,

2-26  unless bad faith and malicious intent are proven.

2-27      2.  As used in this section, “occupational licensing board” has

2-28  the meaning ascribed to it in NRS 622.010.

2-29      Sec. 4.  NRS 623.335, 623A.351 and 641.135 are hereby

2-30  repealed.

 

2-31  TEXT OF REPEALED SECTIONS

 

2-32      623.335  Immunity from civil liability for furnishing

2-33   information to Board or otherwise assisting in investigation or

2-34   prosecution.

2-35      1.  Any person who furnishes information concerning an

2-36   applicant for registration or a holder of a certificate of registration

2-37   in good faith and without malicious intent is immune from any civil

2-38   action for furnishing that information.

2-39      2.  The Board, any member, employee or committee of the

2-40   Board, counsel, investigator, expert, hearing officer, registrant or

3-1  other person who assists the Board in the investigation or

3-2  prosecution of an alleged violation of a provision of this chapter, a

3-3   proceeding concerning licensure or reissuance of a license or a

3-4   criminal prosecution is immune from any civil liability for:

3-5  (a) Any decision or action taken in good faith and without

3-6   malicious intent in response to information acquired by the Board.

3-7  (b) Disseminating information concerning an applicant for

3-8   registration or a registrant to any other licensing board, national

3-9   association of registered boards, an agency of the Federal

3-10   Government or of the State, the Attorney General or any law

3-11   enforcement agency.

3-12      623A.351  Immunity from civil action.

3-13      1.  Any person who, in good faith and without malicious intent,

3-14   provides information concerning a holder of a certificate of

3-15   registration or certificate to practice as a landscape architect intern

3-16   or an applicant for a certificate of registration or certificate to

3-17   practice as a landscape architect intern is immune from any civil

3-18   action for providing that information.

3-19      2.  Any person who assists the Board in the investigation or

3-20   prosecution of an alleged violation of a provision of this chapter, a

3-21   proceeding concerning the issuance or renewal of a certificate of

3-22   registration or certificate to practice as a landscape architect intern

3-23   or a criminal prosecution is immune from any civil liability for:

3-24      (a) Any decision or action taken in good faith and without

3-25   malicious intent in response to information acquired by the Board;

3-26   and

3-27      (b) Disseminating information concerning a holder of a

3-28   certificate of registration or certificate to practice as a landscape

3-29   architect intern or an applicant for a certificate of registration or

3-30   certificate to practice as a landscape architect intern to:

3-31          (1) Any other licensing board;

3-32          (2) A national association of registered boards;

3-33          (3) An agency of this state or the Federal Government;

3-34          (4) The Attorney General; or

3-35          (5) Any law enforcement agency.

3-36      641.135  Civil liability. A member of the Board or an

3-37   employee or agent of the Board is not liable in a civil action for any

3-38   act performed in good faith and within the scope of the duties of the

3-39   Board pursuant to the provisions of this chapter.

 

3-40  H