Nevada Assembly Bill AB244

Nevada 2023 Regular Session

• Introduced: 3/3/23
• Refer: 3/3/23
• Report Pass: 4/21/23
• Engrossed: 4/25/23
• Refer: 4/25/23
• Report Pass: 5/25/23
• Enrolled: 5/31/23
• Chaptered: 6/16/23
• Passed: 6/16/23

Caption

Establishes certain rights of persons compelled to submit to certain mental or physical examinations. (BDR 54-819)

Impact

The introduction of AB244 is expected to amend existing state laws that govern the process of mental and physical examinations by repealing prior provisions that the Nevada Supreme Court deemed unconstitutional. The new rights granted by this bill are intended to align state law with the protections recognized under legal precedents, thereby fostering an environment where individuals feel secure in exercising their rights. The act will apply only to examinations conducted after its effective date, ensuring new legal standards are implemented moving forward.

Summary

Assembly Bill 244, introduced by Assemblywoman Torres, establishes specific rights for individuals compelled to undergo mental or physical examinations under various circumstances, such as court orders or contractual obligations. It aims to enhance the protections and agency of these individuals during the examination process. The bill mandates that individuals receive a notice of at least 21 days prior to the examination and permits the presence of observers, including attorneys and interpreters, to support the person during the examination. Additionally, individuals are allowed to take notes or record the examination, thus promoting transparency in such sensitive situations.

Contention

While the bill enjoys sponsorship and support for its protective measures, there are potential points of contention surrounding the implications of its provisions. Some stakeholders may argue that the requirement for observers and advance notice could complicate the examination process and pose challenges for healthcare providers. Others may debate the appropriateness of the restrictions imposed on the examiner's authority, particularly regarding the non-privileged status of testimony and reports. These discussions highlight the balancing act of ensuring patient rights while maintaining an effective examination process.