- 1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 449B.310, or evidence from any other source, that an employee, employee of a temporary employment service or independent contractor of an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449B.440, the administrator of, or the person licensed to operate, the agency shall terminate the employment or contract of that person or notify the temporary employment service that its employee is prohibited from providing services for the agency after allowing the person time to correct the information as required pursuant to subsection 2.
- 2. If an employee, employee of a temporary employment service or independent contractor believes that the information provided by the Central Repository is incorrect, the employee, employee of the temporary employment service or independent contractor may immediately inform the agency to provide personal care services in the home, employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home or temporary employment service. The agency or temporary employment service that is so informed shall give the employee, employee of the temporary employment service 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 to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home that has complied with NRS 449B.310 may not be held civilly or criminally liable based solely upon the ground that the agency allowed an employee, employee of a temporary employment service or independent contractor to work:
- (a) Before it received the information concerning the employee, employee of the temporary employment service or independent contractor from the Central Repository, except that an employee, employee of the temporary employment service or independent contractor shall not have contact with a child without supervision before such information is received;
- (b) During the period required pursuant to subsection 2 to allow the employee, employee of the temporary employment service or independent contractor to correct that information, except that an employee, employee of the temporary employment service or independent contractor shall not have contact with a child without supervision during such period;
- (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 to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home may be held liable for any other conduct determined to be negligent or unlawful.
(Added to NRS by 2025, 933)