Section 616C.230 - Grounds for denial, reduction or suspension of compensation; evidence of and examination for use of alcohol or controlled substance1. Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury:(a) Caused by the employee's willful intention to injure himself or herself.(b) Caused by the employee's willful intention to injure another.(c) That occurred while the employee was in a state of intoxication, unless the employee can prove by clear and convincing evidence that his or her state of intoxication was not the proximate cause of the injury. For the purposes of this paragraph, an employee is in a state of intoxication if the level of alcohol in the bloodstream of the employee meets or exceeds the limits set forth in subsection 1 of NRS 484C.110.(d) That occurred while the employee was under the influence of a controlled or prohibited substance, unless the employee can prove by clear and convincing evidence that his or her being under the influence of a controlled or prohibited substance was not the proximate cause of the injury. For the purposes of this paragraph, an employee is under the influence of a controlled or prohibited substance if the employee had an amount of a controlled or prohibited substance for which the employee did not have a current and lawful prescription issued in the employee's name in his or her system at the time of his or her injury that was equal to or greater than: Urine Blood | Nanograms per Nanograms per | Prohibited substance milliliter milliliter |
(1) | Amphetamine | 500 | 100 |
(2) | Cocaine | 150 | 50 |
(3) | Cocaine metabolite | 150 | 50 |
(4) | Heroin | 2,000 | 50 |
(5) | Heroin metabolite: |
(I) Morphine | 2,000 | 50 |
(II) 6-monoacetyl morphine | 10 | 10 |
(6) | Lysergic acid diethylamide | 25 | 10 |
(7) | Methamphetamine | 500 | 100 |
(8) | Phencyclidine | 25 | 10 |
(9) | Marijuana (delta-9-tetrahydrocannabinol) | 2 |
2. For the purposes of paragraphs (c) and (d) of subsection 1: (a) The affidavit or declaration of an expert or other person described in NRS 50.310, 50.315 or 50.320 is admissible to prove the existence of an impermissible quantity of alcohol or the existence, quantity or identity of an impermissible controlled or prohibited substance in an employee's system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.(b) When an examination requested or ordered includes testing for the use of alcohol or a controlled or prohibited substance, the laboratory that conducts the testing must be licensed pursuant to the provisions of chapter 652 of NRS.(c) The results of any testing for the use of alcohol or a controlled or prohibited substance, irrespective of the purpose for performing the test, must be made available to an insurer or employer upon request, to the extent that doing so does not conflict with federal law.3. No compensation is payable for the death, disability or treatment of an employee if the employee's death is caused by, or insofar as the employee's disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.4. If any employee persists in an unsanitary or injurious practice that imperils or retards his or her recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his or her recovery, the employee's compensation may be reduced or suspended.5. An injured employee's compensation, other than accident benefits, must be suspended if: (a) A physician or chiropractic physician determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of employment; and(b) It is within the ability of the employee to correct the nonindustrial condition or injury. The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.
6. As used in this section, "prohibited substance" means any of the following substances if the person who uses the substance has not been issued a valid prescription to use the substance and the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 when it is used: (e) Heroin metabolite: (2) 6-monoacetyl morphine.(f) Lysergic acid diethylamide.(i) Marijuana (delta-9-tetrahydrocannabinol).[70:168:1947; 1943 NCL § 2680.70] + [71:168:1947; 1943 NCL § 2680.71] + [72:168:1947; 1943 NCL § 2680.72]-(NRS A 1979, 1057; 1981, 1198; 1991, 2421; 1993, 745; 1995, 2153; 1997, 1394, 1421; 1999, 224, 442, 2215; 2001, 3072; 2009, 1280; 2015, 1135; 2017, 324; 2021, 534, 1465, effective January 1, 2022)Amended by 2021, Ch. 277,§17, eff. 7/1/2021.Amended by 2017, Ch. 76,§17, eff. 7/1/2017.Amended by 2015, Ch. 239,§3, eff. 1/1/2016.[70:168:1947; 1943 NCL § 2680.70 ] + [71:168:1947; 1943 NCL § 2680.71 ] + [72:168:1947; 1943 NCL § 2680.72 ] - (NRS A 1979, 1057; 1981, 1198; 1991, 2421; 1993, 745; 1995, 2153; 1997, 1394, 1421; 1999, 224, 442, 2215; 2001, 3072; 2009, 1280)