1. It is unlawful for any entity or person described in paragraphs (a) to (d), inclusive, to require another person to undergo the implantation of a microchip or other permanent identification marker of any kind or nature: (a) An officer or employee of this State or any political subdivision thereof; (b) An employer as a condition of employment; (c) A person licensed to sell or provide insurance pursuant to title 57 of NRS; or (d) A person licensed to participate in a business related to bail pursuant to chapter 697 of NRS. 2. The provisions of this section shall not be construed to prohibit a natural person from voluntarily electing to undergo the implantation of a microchip or other permanent identification marker of any kind or nature. 3. A person who violates the provisions of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130 . 4. As used in this section: (a) Microchip means a device that is subcutaneously implanted in a person and that is passively or actively capable of transmitting personal information to another device using radio frequency technology. The term does not include a device that is implanted in a person if the device: (1) Is incapable of passively or actively transmitting personal information to another device using radio frequency technology; (2) Is capable of passively or actively transmitting personal information to another device using radio frequency technology and the device: (I) Is used in the diagnosis, monitoring, treatment or prevention of a health condition; and (II) Only transmits such information as is necessary to carry out the diagnosis, monitoring, treatment or prevention of the health condition; or (3) Is any type of hearing aid or hearing implant device. (b) Voluntarily means without an incentive or other inducement.
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