Termination of employment or contract of employee or independent contractor of certain agency or facility who has been convicted of certain crime; liability of agency or facility.
1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 449.179, or evidence from any other source, that an employee or independent contractor of an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.188, the administrator of, or the person licensed to operate, the agency or facility shall terminate the employment or contract of that person after allowing him time to correct the information as required pursuant to subsection 2.
2. If an employee or independent contractor believes that the information provided by the Central Repository is incorrect, he may immediately inform the agency or facility. An agency or facility that is so informed shall give the employee 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 or facility that has complied with NRS 449.179 may not be held civilly or criminally liable based solely upon the ground that the agency or facility allowed an employee or independent contractor to work:
(a) Before it received the information concerning the employee or independent contractor from the Central Repository;
(b) During any period required pursuant to subsection 2 to allow the employee or independent contractor to correct that information;
(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.
Ê An agency or facility may be held liable for any other conduct determined to be negligent or unlawful.
Last modified: February 26, 2006