Nevada Code § 633.750

Osteopathic physician or agent or employee thereof prohibited from retaliating or discriminating against certain persons for reporting or participating in investigation or proceeding relating to sentinel event or conduct of osteopathic physician or other persons or refusing to engage in unlawful conduct; restriction of right prohibited
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1. An osteopathic physician or any agent
or employee thereof shall not retaliate or discriminate unfairly against:
(a) An employee of the osteopathic physician or a
person acting on behalf of the employee who in good faith:
(1) Reports to the State Board of
Osteopathic Medicine information relating to the conduct of the osteopathic
physician which may constitute grounds for initiating disciplinary action
against the osteopathic physician or which otherwise raises a reasonable
question regarding the competence of the osteopathic physician to practice
medicine with reasonable skill and safety to patients; or
(2) Reports a sentinel event to the Health
Care Purchasing and Compliance Division of the Nevada Health Authority pursuant
to NRS 439.835 ;
(b) A registered nurse, licensed practical nurse,
nursing assistant or medication aide - certified who is employed by or
contracts to provide nursing services for the osteopathic physician and who:
(1) In good faith, reports to the
osteopathic physician, the State Board of Osteopathic Medicine, the State Board
of Nursing, the Legislature or any committee thereof or any other governmental
entity:
(I) Any information concerning the
willful conduct of another registered nurse, licensed practical nurse, nursing
assistant or medication aide - certified which violates any provision of chapter 632 of NRS or which is required to be
reported to the State Board of Nursing;
(II) Any concerns regarding patients
who may be exposed to a substantial risk of harm as a result of the failure of
the osteopathic physician or any agent or employee thereof to comply with
minimum professional or accreditation standards or applicable statutory or
regulatory requirements; or
(III) Any other concerns regarding
the osteopathic physician, the agents and employees thereof or any situation
that reasonably could result in harm to patients; or
(2) Refuses to engage in conduct that
would violate the duty of the registered nurse, licensed practical nurse,
nursing assistant or medication aide - certified to protect patients from
actual or potential harm, including, without limitation, conduct which would
violate any provision of chapter 632 of NRS or
which would subject the registered nurse, licensed practical nurse, nursing
assistant or medication aide - certified to disciplinary action by the State
Board of Nursing; or
(c) An employee of the osteopathic physician, a
person acting on behalf of the employee or a registered nurse, licensed
practical nurse, nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the osteopathic
physician and who cooperates or otherwise participates in an investigation or
proceeding conducted by the State Board of Osteopathic Medicine or another
governmental entity relating to conduct described in paragraph (a) or (b).
2. An osteopathic physician or any agent
or employee thereof shall not retaliate or discriminate unfairly against an employee
of the osteopathic physician or a registered nurse, licensed practical nurse,
nursing assistant or medication aide - certified who is employed by or
contracts to provide nursing services for the osteopathic physician because the
employee, registered nurse, licensed practical nurse, nursing assistant or
medication aide - certified has taken an action described in subsection 1.
3. An osteopathic physician or any agent
or employee thereof shall not prohibit, restrict or attempt to prohibit or
restrict by contract, policy, procedure or any other manner the right of an
employee of the osteopathic physician or a registered nurse, licensed practical
nurse, nursing assistant or medication aide - certified who is employed by or
contracts to provide nursing services for the osteopathic physician to take an
action described in subsection 1.
4. As used in this section:
(a) Good faith means honesty in fact in the
reporting of the information or in the cooperation in the investigation
concerned.
(b) Retaliate or discriminate:
(1) Includes, without limitation, any of
the following actions if taken solely because the employee, registered nurse,
licensed practical nurse, nursing assistant or medication aide - certified took
an action described in subsection 1:
(I) Frequent or undesirable changes
in the location where the person works;
(II) Frequent or undesirable
transfers or reassignments;
(III) The issuance of letters of
reprimand, letters of admonition or evaluations of poor performance;
(IV) A demotion;
(V) A reduction in pay;
(VI) The denial of a promotion;
(VII) A suspension;
(VIII) A dismissal;
(IX) A transfer; or
(X) Frequent changes in working
hours or workdays.
(2) Does not include an action described
in sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) if the action
is taken in the normal course of employment or as a form of discipline.

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