Retaliation or discrimination against employee of medical facility who reports or participates in investigation or proceeding relating to sentinel event or certain conduct of physician prohibited; restriction of right prohibited.
1. A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the medical facility or a person acting on behalf of the employee who in good faith:
(a) Reports to the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, information relating to the conduct of a physician which may constitute grounds for initiating disciplinary action against the physician or which otherwise raises a reasonable question regarding the competence of the physician to practice medicine with reasonable skill and safety to patients;
(b) Reports a sentinel event to the Health Division pursuant to NRS 439.835; or
(c) Cooperates or otherwise participates in an investigation or proceeding conducted by the Board of Medical Examiners, the State Board of Osteopathic Medicine or another governmental entity relating to conduct described in paragraph (a) or (b).
2. A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the medical facility because the employee has taken an action described in subsection 1.
3. A medical facility 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 medical facility to take an action described in subsection 1.
4. As used in this section:
(a) “Physician” means a person licensed to practice medicine pursuant to chapter 630 or 633 of NRS.
(b) “Retaliate or discriminate”:
(1) Includes, without limitation, the following action if such action is taken solely because the employee took an action described in subsection 1:
(I) Frequent or undesirable changes in the location where the employee 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 action described in subparagraphs (I) to (X), inclusive, of paragraph (1) if the action is taken in the normal course of employment or as a form of discipline.
Last modified: February 26, 2006