S.B. 73
- *SB73*
SENATE BILL NO. 73–SENATOR TITUS
PREFILED JANUARY 23, 2023
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Referred to Committee on Judiciary
SUMMARY—Revises provisions governing civil liability for injury
or death resulting from exposure to COVID-19.
(BDR 3-516)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public health; revising provisions limiting civil
liability for personal injury or death resulting from
exposure to COVID-19; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires a complaint to be pled with particularity in a civil action 1
alleging a personal injury or death as a result of exposure to COVID-19 while on a 2
premises owned or operated by certain entities or during an activity conducted or 3
managed by such entities. Existing law also provides that an entity that was in 4
substantial compliance with controlling health standards is immune from liability in 5
such an action unless the plaintiff proves that: (1) the entity violated controlling 6
health standards while acting with gross negligence; and (2) the gross negligence 7
was the proximate cause of the plaintiff’s personal injury or death. (NRS 41.835) 8
Existing law excludes from the entities receiving immunity from civil liability 9
under those provisions: (1) an agency to provide nursing in the home; (2) a facility 10
for hospice care; (3) a facility for intermediate care; (4) a facility for skilled 11
nursing; (5) a hospital; or (6) an independent center for emergency medical care. 12
(NRS 41.815, 41.830) Sections 1 and 2 of this bill remove those exclusions, 13
thereby providing such medical facilities and providers with immunity from civil 14
liability under those provisions. Section 3 of this bill: (1) extends that immunity 15
from civil liability to apply also to an independent contractor of an entity; and (2) 16
clarifies that the immunity from civil liability also applies to officers and 17
employees of an entity. Section 4 of this bill provides that the extended protections 18
from liability created by sections 1-3 of this bill: (1) apply to any cause of action or 19
claim that accrues before, on or after the effective date of this bill and before July 1, 20
2023; and (2) do not apply to any final judgments or verdicts that are entered by a 21
court before the effective date of this bill. 22
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THE PEOPLE OF THE STATE OF NEVADA , REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.815 is hereby amended to read as follows: 1
41.815 [1.] “Business” means a natural person, or a 2
corporation, partnership, association or other business organization, 3
engaging in an activity for profit at a premises located in this State. 4
[2. The term does not include a business that operates: 5
(a) An agency to provide nursing in the home as defined in 6
NRS 449.0015; 7
(b) A facility for hospice care as defined in NRS 449.0033; 8
(c) A facility for intermediate care as defined in NRS 449.0038; 9
(d) A facility for skilled nursing as defined in NRS 449.0039; 10
(e) A hospital as defined in NRS 449.012; or 11
(f) An independent center for emergency medical care as 12
defined in NRS 449.013.] 13
Sec. 2. NRS 41.830 is hereby amended to read as follows: 14
41.830 1. “Nonprofit organization” means any private 15
organization not operated for profit. 16
2. The term, includes, without limitation, an organization for 17
youth sports or an alumni, charitable, civic, educational, fraternal, 18
patriotic, religious, labor or veterans’ organization, a credit union 19
organized under the provisions of chapter 672 of NRS or the Federal 20
Credit Union Act, or a state or local bar association, that: 21
(a) Has been determined pursuant to NRS 372.326 to be created 22
for religious, charitable or educational purposes; or 23
(b) Qualifies as a tax exempt organization pursuant to 26 U.S.C. 24
§ 501(c). 25
[3. The term does not include a nonprofit organization that 26
operates: 27
(a) An agency to provide nursing in the home as defined in 28
NRS 449.0015; 29
(b) A facility for hospice care as defined in NRS 449.0033; 30
(c) A facility for intermediate care as defined in NRS 449.0038; 31
(d) A facility for skilled nursing as defined in NRS 449.0039; 32
(e) A hospital as defined in NRS 449.012; or 33
(f) An independent center for emergency medical care as 34
defined in NRS 449.013.] 35
Sec. 3. NRS 41.835 is hereby amended to read as follows: 36
41.835 1. In any civil action where a plaintiff alleges a 37
personal injury or death as a result of exposure to COVID-19 while 38
on a premises owned or operated by an entity, or during an activity 39
conducted or managed by the entity [:] , including, without 40
limitation, such a civil action where the defendant is an officer, 41
employee or independent contractor of the entity: 42
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(a) The complaint must be pled with particularity. 1
(b) If the [entity] defendant was in substantial compliance with 2
controlling health standards, the [entity] defendant is immune from 3
liability unless the plaintiff pleads sufficient facts and proves that: 4
(1) The [entity] defendant violated controlling health 5
standards with gross negligence; and 6
(2) The gross negligence was the proximate cause of the 7
plaintiff’s personal injury or death. 8
(c) If the [entity] defendant was not in substantial compliance 9
with controlling health standards: 10
(1) The plaintiff may pursue any claim recognized at 11
common law or by statute; and 12
(2) The immunity described in paragraph (b) does not apply 13
to the [entity.] defendant. 14
2. The court shall determine as a matter of law whether an 15
entity or an officer, employee or independent contractor of an 16
entity was in substantial compliance with controlling health 17
standards at the time of an alleged exposure to COVID-19. The 18
plaintiff has the burden of establishing that the entity , or officer, 19
employee or independent contractor of the entity was not in 20
substantial compliance with controlling health standards. 21
3. As used in this section: 22
(a) “Controlling health standards” means any of the following 23
that are clearly and conspicuously related to COVID-19 and that 24
prescribed the manner in which an entity must operate at the time of 25
the alleged exposure: 26
(1) A federal, state or local law, regulation or ordinance; or 27
(2) A written order or other document published by a federal, 28
state or local government or regulatory body. 29
(b) “Entity” means a business, governmental entity or nonprofit 30
organization . [and the officers and employees of the business, 31
governmental entity or nonprofit organization.] 32
(c) “Premises” means any real property located in this State. 33
(d) “Substantial compliance” means the good faith efforts of an 34
entity , or an officer, employee or independent contractor of an 35
entity, to help control the spread of COVID-19 in conformity with 36
controlling health standards. The entity or an officer of the entity 37
may demonstrate substantial compliance by establishing policies 38
and procedures to enforce and implement the controlling health 39
standards in a reasonable manner. An officer, employee or 40
independent contractor of an entity may demonstrate substantial 41
compliance by establishing that he or she adhered in a reasonable 42
manner to such policies and procedures. Isolated or unforeseen 43
events of noncompliance with the controlling health standards do 44
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not demonstrate noncompliance by the entity [.] or the officer, 1
employee or independent contractor of the entity. 2
Sec. 4. The amendatory provisions of sections 1, 2 and 3 of 3
this act: 4
1. Apply only to a cause of action or claim arising from a 5
personal injury or death specified in NRS 41.835, as amended by 6
section 3 of this act, that accrues before, on or after the effective 7
date of this act and before July 1, 2023. 8
2. Do not apply to final judgments or verdicts which are 9
entered by a court before the effective date of this act. 10
Sec. 5. This act becomes effective upon passage and approval. 11
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