AB 11 — Revising provisions governing hospitals. (BDR 40-382)

(a) Is convicted of violating any of the provisions of NRS 202.470;

- *AB11_R1* – 5 – (b) A report of any investigation conducted with respect to the complaint;

andandt of any investigation conducted with respect to the (c) A report of any disciplinary action taken against the facility.

and (b)- Any82nd disciplinarySession (2023) – 5 – subsection 2.sciplinary actions taken by the Division pursuant to subsectionSec. 2.

Sec.

(c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy,occupancy,the require the facility, at its own expense, to move patients to another facility that is licensed;

If the facility fails to pay any administrative penalty imposed pursuantpur(a) toSuspend paragraphthe (d)license of subsectionthe 1,facility until the Divisionadministrative may:penalty is paid;

- *AB11_R1* – 6 – (a) Suspend the license of the facility until the administrative penalty is paid;

- 82nd Session (2023) – 6 – 4.

Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and section 1 of this act, 449.435 to 449.531, inclusive, and chapter 449A of NRS to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.

449.241 As used in NRS 449.241 to 449.2428, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 449.2413 to 449.2418, inclusive,inclusive,he have the meanings ascribed to them in those sections.

(a) Include in the contract for employment or services any provision prohibiting the provider of health care from discussing - *AB11_R1* – 7 – with other persons matters relating to the contract or his or her experience at the hospital, including, without limitation:

- 82nd Session (2023) – 7 – (b) Act to prevent a provider of health care from discussing information described in paragraph (a) or providing medical services at another medical facility or office during or after the term of the employment or contract, as applicable.

(c) Retaliate against or impose discipline upon a provider of health care who discusses information described in paragraph (a) or provides medical services at another medical facility or office during or after the term of the employment or contract, as applicable.

(c)(d) DoesImposes notrestrictions imposethat anyare undueappropriate hardshipin onrelation to the employee;valuable consideration supporting the noncompetition covenant.

and (d) Imposes restrictions that are appropriate in relation to the valuable consideration supporting the noncompetition covenant.

and - *AB11_R1* – 8 – (c) The former employee is otherwise complying with the limitations in the covenant as to time, geographical area and scope of activity to be restrained, other than any limitation on providing services to a former customer or client who seeks the services of the - 82nd Session (2023) – 8 – former employee without any contact instigated by the former employee.

3.who is paid solely on an hourly wage basis, exclusive of any tips or gratuities.

A noncompetition covenant may not apply to an employee who is paid solely on an hourly wage basis, exclusive of any tips or gratuities.

[6.]noncompetition 7.covenant or an employee brings an action to challenge a noncompetition covenant and the court finds the covenant is supported by valuable consideration but contains limitations as to time, geographical area or scope of activity to be restrained that are not reasonable, imposes a greater restraint than is necessary for the protection of the employer for whose benefit the restraint is imposed or imposes undue hardship on the employee, the court shall revise the covenant to the extent necessary and enforce the covenant as revised.

IfSuch anrevisions employermust bringscause anthe actionlimitations tocontained enforcein athe noncompetition covenant oras an employee brings an action to challengetime, ageographical noncompetitionarea covenant and thescope courtof findsactivity theto covenantbe isrestrained supportedto bybe valuablereasonable, consideration but contains limitations as to time,not geographicalimpose areaundue orhardship scopeon ofthe activityemployee and to beimpose restraineda restraint that areis not reasonable, imposes a greater restraint than is necessary for the protection of the employer for whose benefit the restraint is imposedimposed. or imposes undue hardship on the employee, the court shall revise the covenant to the extent necessary and enforce the covenant as revised.

Such- revisions82nd mustSession cause(2023) the– limitations9 contained– innoncompetition the covenant asor an employee brings an action to time,challenge geographicala areanoncompetition covenant and scopethe ofcourt activityfinds tothat bethe restrainednoncompetition covenant applies to bean reasonable,employee todescribed notin imposesubsection undue3 hardship, on[or] that the employeeemployer andhas restricted or attempted to imposerestrict a restraintformer thatemployee isin notthe -manner *AB11_R1*described –in 9subsection –2 greater[,] thanor isthat necessarythe fornoncompetition thecovenant protectionviolates ofsubsection 4, the employercourt forshall whoseaward benefit the restraintemployee isreasonable imposed.attorney’s fees and costs.

[7.] 8.

If an employer brings an action to enforce a noncompetition covenant or an employee brings an action to challenge a noncompetition covenant and the court finds that the noncompetition covenant applies to an employee described in subsection 3 , [or] that the employer has restricted or attempted to restrict a former employee in the manner described in subsection 2 [,] or that the noncompetition covenant violates subsection 4, the court shall award the employee reasonable attorney’s fees and costs.

(d) “Noncompetition covenant” means an agreement between an employer and employee which, upon termination of the employment of the employee, prohibits the employee from pursuing a similar vocation in competition with or becoming employed by a competitor of the employer.

(a) Is convicted of a felony relating to the practice of administeringoffense ainvolving nursingmoral facilityturpitude.r or residential facility or of any offense(b) involvingHas moralobtained turpitude.his or her license by the use of fraud or deceit.

(b) Has obtained his or her license by the use of fraud or deceit.

- *AB11_R1*82nd –Session 10(2023) – (e)10 Violates– any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.

4.conclusions of law supporting that order are public records.

An order that imposes discipline and the findings of fact and conclusions5. of law supporting that order are public records.

5.

The Joint Interim Standing Committee on Health and Human Services may request the drafting of 1 legislative measure, in addition to those requested pursuant to NRS 218D.160, to amend or repeal section 1 of this act or make other changes relating to the study conducted pursuant to this section at the 83rd Session of thethehe Nevada Legislature.

[,] 2.

The provisions of section 7.3 and NRS 613.195, as amended by section 7.8 of this act, do not apply to any contract existing on the effective date of this act between a hospital, as defined in - 82nd Session (2023) – 11 – NRS 449.012, and a provider of health care, as defined in NRS 629.031, but apply to any renewal of such a contract.

- *AB11_R1* – 11 – Sec.

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