AB 244 — Establishes certain rights of persons compelled to submit to certain mental or physical examinations. (BDR 54-819)

(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2023) FIRST REPRINT A.B.

244244–Assemblywoman ATorres SSEMBLYCHAPTER.......... BILL NO .

244–ASSEMBLYWOMAN TORRES M ARCH 3, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to certain mental or physical examinations.

(BDR 54-819) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

authorizing a person who has been aggrieved by the violation of certain rights to institute an action for injunctive and other appropriate relief;relief in certain circumstances;

LegislativeLegiExisting Counsel’slaw Digest:authorizes an observer to be present at a mental or physical examination ordered by a court for the purpose of discovery in a civil action.

ExistingThe law authorizes an observer to be present at a mental or physical observer may:

andTheand (2) make an audio or stenographic recording of the examination.

and (2) attempts to abrogate an existing rule of procedure that the court “prescribed under itsCourt, inherent137 authorityNev. to regulate the judicial process.” (Lyft, Inc.

v.Adv.

EighthOp. Jud.

Dist.86, 501 P.3d 994, 1002 (2021);

of this bill repeals this statute..3d 994, 1002 (2021);

35) Section 22h SectionJud. 1 of this bill provides that, with certain exceptions, a person compelled to submit to a mental or physical examination pursuant to a court order, a contractual obligation or any other type of obligation has the right to:

Dist.

of this bill repeals this statute.

Section 1 of this bill provides that, with certain exceptions, a person compelled to submit to a mental or physical examination pursuant to a court order, a contractual obligation or any other type of obligation has the right to:

(3) providingtake noticenotes toor theappoint personan conductingobserver theto examination,take makenotes certainduring recordingster of the examination.examination;

and (4) after Section 1 further provides that the testimony or reports of the personexaminer conducting the examination are not privileged communications.

Section 1 - *AB244_R1* – 2 – authorizes a person compelled to submit to a mental or physical examination to bring an action against a person who has violated the rights established by section 11, actualif damagesnotice orof athe finealleged ofviolation $1,500,is whicheverprovided to that person not later than 7 days before the action is greater;commenced.

(3)The injunctiveperson ands;compelled to submit to a mental or physical examination may obtain certain remedies in that action, including:

(2)(1) protectiveattorney’s relief;fees;

and(2) (4)actual andamages orderor a fine of $1,500, prohibiting the use of any information gathered during the examination in any judicial or administrative proceeding.

Finally, section 1 exempts from the requirements of section 1 certain compelled mental or physical examinations, including, without limitation, such an examination conducted by an examiner with whom the person compelled to submit to the examination has a preexisting relationship as a patient or will have a future relationship as a patient.

- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(b) Have any observer of choice present throughout the examination, including, without limitation, the person’s attorney, provider of health care or any other person hired by or on behalf of the person;

and (e) After providing notice to the personexaminer, conducting the examination, make an audio, stenographic or video recording of the examination or appoint an observer to make such a recording.

The testimony or reports of aan personexaminer who conducts an examination of a person compelled to submit to a mental or physical examination described in subsection 1 are not privileged communications.

AAn examiner may suspend the examination of a person compelled to submit to a mental or physical examination maypursuant bringto ansubsection action1 inif aan courtobserver ofattending competentthe jurisdictionexamination fordisrupts aor violationattempts of this section to seekparticipate anyin or all of the followingexamination. relief:

4.

A person compelled to submit to a mental or physical examination may bring an action in a court of competent jurisdiction for a violation of this section to seek any or all of the person who allegedly violated this section not later than 7 days to the before the action is commenced:

- 82nd Session (2023) – 3 – (b) Actual damages or a fine of $1,500, whichever is greater;

or - *AB244_R1* – 3 – (e) An order prohibiting the use of any information gathered at the5.e examinationeThe inprovisions anyof judicialsubsection or1 administrativedo proceeding.not apply to a person.