2010 Nevada Code
TITLE 40 PUBLIC HEALTH AND SAFETY
Chapter 449 Medical and Other Related Facilities
NRS 449.185 Termination of employment or contract of employee or independent contractor of certain agency, facility or home who has been convicted of certain crime; liability of agency, facility or home.

NRS 449.185 Termination of employment or contract of employee or independent contractor of certain agency, facility or home who has been convicted of certain crime; liability of agency, facility or home.

1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 449.179, or evidence from any other source, that an employee or independent contractor of an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing, a residential facility for groups or home for individual residential care has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.188, the administrator of, or the person licensed to operate, the agency, facility or home shall terminate the employment or contract of that person after allowing him or her time to correct the information as required pursuant to subsection 2.

2. If an employee or independent contractor believes that the information provided by the Central Repository is incorrect, the employee or independent contractor may immediately inform the agency, facility or home. An agency, facility or home that is so informed shall give the employee or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.

3. An agency, facility or home that has complied with NRS 449.179 may not be held civilly or criminally liable based solely upon the ground that the agency, facility or home allowed an employee or independent contractor to work:

(a) Before it received the information concerning the employee or independent contractor from the Central Repository;

(b) During any period required pursuant to subsection 2 to allow the employee or independent contractor to correct that information;

(c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or

(d) Any combination thereof.

An agency, facility or home may be held liable for any other conduct determined to be negligent or unlawful.

(Added to NRS by 1997, 443; A 1999, 1948; 2005, 2171; 2009, 505)



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