Nevada Revised Statutes Section 441A.320 - Public Health and Safety

Testing of person detained for commission of sexual offense; disclosure of results of test; assistance of victim; payment of expenses.

1. As soon as practicable after:

(a) A person is arrested for the commission of a crime; or

(b) A minor is detained for the commission of an act which, if committed by a person other than a minor would have constituted a crime,

Êwhich the victim or a witness alleges involved the sexual penetration of the victim’s body, the health authority shall test a specimen obtained from the arrested person or detained minor for exposure to the human immunodeficiency virus and any commonly contracted sexually transmitted disease, regardless of whether he or, if a detained minor, his parent or guardian consents to providing the specimen. The agency that has custody of the arrested person or detained minor shall obtain the specimen and submit it to the health authority for testing. The health authority shall perform the test in accordance with generally accepted medical practices.

2. The health authority shall disclose the results of all tests performed pursuant to subsection 1 to:

(a) The victim or to the victim’s parent or guardian if the victim is a minor; and

(b) The arrested person and, if a minor is detained, to his parent or guardian.

3. If the health authority determines, from the results of a test performed pursuant to subsection 1, that a victim of sexual assault may have been exposed to the human immunodeficiency virus or any commonly contracted sexually transmitted disease, it shall, at the request of the victim, provide him with:

(a) An examination for exposure to the human immunodeficiency virus and any commonly contracted sexually transmitted disease to which the health authority determines he may have been exposed;

(b) Counseling regarding the human immunodeficiency virus and any commonly contracted sexually transmitted disease to which the health authority determines he may have been exposed; and

(c) A referral for health care and other assistance,

Êas appropriate.

4. If the court in:

(a) A criminal proceeding determines that a person has committed a crime; or

(b) A proceeding conducted pursuant to title 5 of NRS determines that a minor has committed an act which, if committed by a person other than a minor, would have constituted a crime,

Êinvolving the sexual penetration of a victim’s body, the court shall, upon application by the health authority, order that minor or other person to pay any expenses incurred in carrying out this section with regard to that minor or other person and that victim.

5. The Board shall adopt regulations identifying, for the purposes of this section, sexually transmitted diseases which are commonly contracted.

6. As used in this section:

(a) “Sexual assault” means a violation of NRS 200.366.

(b) “Sexual penetration” has the meaning ascribed to it in NRS 200.364.

Last modified: February 26, 2006