NRS 617.454. Physical examinations: Required tests; restrictions on use and dissemination of results of physical examination [Effective through June 30, 2026.]

1. 1. Any physical examination administered pursuant to NRS 617.455 or 617.457 must include:

   1. (a) A thorough test of the functioning of the hearing of the employee; and
   2. (b) A purified protein derivative skin test to screen for exposure to tuberculosis.
2. 2. Except as otherwise provided in subsection 8 of NRS 617.457, the tests required by this section must be paid for by the employer.

3. 3. Except as otherwise provided by the provisions governing privacy in the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations, or an employee’s collective bargaining agreement, whichever is more restrictive:

   1. (a) The results of a physical examination administered pursuant to NRS 617.455 or 617.457 may only be provided to:

      1. (1) The examining physician;
      2. (2) The employee;
      3. (3) The employer’s officer who is responsible for risk management or human resources or his or her designee; and
      4. (4) If the employee has filed a claim pursuant to NRS 617.455 or 617.457, the insurer.

   2. (b) A person who receives the results of a physical examination pursuant to paragraph (a) may only use the results for the purposes of:

      1. (1) Complying with the requirements of NRS 617.455 or 617.457, as applicable; or
      2. (2) Creating a report pursuant to paragraph (c).

   3. (c) The employer’s officer who is responsible for risk management or human resources or his or her designee may create and release a report that is based on the results of a physical examination administered pursuant to NRS 617.455 or 617.457 to any person whom the employer’s officer determines has a need to know the information in the report. The report must only contain the following information:

      1. (1) The name of the employee who was the subject of the physical examination; and

      2. (2) A statement that the employee, as applicable:

         1. (I) Satisfies the physical qualifications required for his or her employment; or
         2. (II) Does not satisfy the physical qualifications required for his or her employment.

(Added to NRS by 1991, 959; A 2001, 1017; 2009, 749; 2015, 2426; 2017, 3891)