NRS 49.2548 Who may claim privilege. 1. The privilege provided pursuant to NRS 49.2547 may be claimed by: (a) The victim; (b) The guardian or conservator of the victim; (c) The personal representative of a deceased victim; and (d) The victim’s advocate, but only on behalf of the victim. 2. The authority of a victim’s advocate to claim the privilege is presumed in the absence of evidence to the contrary. (Added to NRS by 2003, 1756) NRS 49.2549 Exceptions. There is no privilege pursuant to NRS 49.2547 if: 1. The purpose of the victim in seeking services from a victim’s advocate is to enable or aid any person to commit or plan to commit what the victim knows or reasonably should have known is a crime or fraud; 2. The communication concerns a report of abuse or neglect of a child, older person or vulnerable person in violation of NRS 200.508, 200.5093 or 200.50935, but only as to that portion of the communication; 3. The communication is relevant to an issue of breach of duty by the victim’s advocate to the victim or by the victim to the victim’s advocate; or 4. Disclosure of the communication is otherwise required by law. (Added to NRS by 2003, 1756; A 2005, 1115) OTHER OCCUPATIONAL PRIVILEGES NRS 49.255 Confessor and confessant. A clergyman or priest shall not, without the consent of the person making the confession, be examined as a witness as to any confession made to him in his professional character. (Added to NRS by 1971, 785) NRS 49.265 Committees for review of medical or dental care. 1. Except as otherwise provided in subsection 2: (a) The proceedings and records of: (1) Organized committees of hospitals, and organized committees of organizations that provide emergency medical services pursuant to the provisions of chapter 450B of NRS, having the responsibility of evaluation and improvement of the quality of care rendered by those hospitals or organizations; (2) Review committees of medical or dental societies; and (3) Medical review committees of a county or district board of health that certifies, licenses or regulates providers of emergency medical services pursuant to the provisions of chapter 450B of NRS, but only when such committees function as peer review committees, are not subject to discovery proceedings. (b) No person who attends a meeting of any such committee may be required to testify concerning the proceedings at the meeting. 2. The provisions of subsection 1 do not apply to: (a) Any statement made by a person in attendance at such a meeting who is a party to an action or proceeding the subject of which is reviewed at the meeting. (b) Any statement made by a person who is requesting staff privileges at a hospital. (c) The proceedings of any meeting considering an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the limits of the policy. (d) Any matter relating to the proceedings or records of such committees which is contained in health care records furnished in accordance with NRS 629.061. (Added to NRS by 1971, 785; A 1977, 1314; 1981, 1967; 1987, 1188; 1989, 1506; 2005, 2518) NRS 49.275 News media. No reporter, former reporter or editorial employee of any newspaper, periodical or press association or employee of any radio or television station may be required to disclose any published or unpublished information obtained or prepared by such person in such person’s professional capacity in gathering, receiving or processing information for communication to the public, or the source of any information procured or obtained by such person, in any legal proceedings, trial or investigation: 1. Before any court, grand jury, coroner’s inquest, jury or any officer thereof. 2. Before the Legislature or any committee thereof. 3. Before any department, agency or commission of the State. 4. Before any local governing body or committee thereof, or any officer of a local government. (Added to NRS by 1971, 786; A 1975, 502) NRS 49.285 Public officer as witness. A public officer shall not be examined as a witness as to communications made to him in official confidence, when the public interests would suffer by the disclosure. (Added to NRS by 1971, 786) NRS 49.290 Counselor and pupil. 1. As used in this section, “counselor” means a person who is regularly employed by a public or private school in this State as a counselor, psychologist or psychological examiner for the purpose of counseling pupils, and who holds a valid certificate issued by the Superintendent of Public Instruction authorizing the holder to engage in pupil counseling. 2. Except for communications relating to any criminal offense the punishment for which is death or life imprisonment, communications by a pupil to a counselor in the course of counseling or psychological examination are privileged communications, and a counselor shall not, without the consent of the pupil, be examined as a witness concerning any such communication in any civil or criminal action to which such pupil is a party. (Added to NRS by 1973, 1840; A 1979, 1639) NRS 49.291 Teacher and pupil. 1. As used in this section, “teacher” means a person who is regularly employed by a public or private school in this State as a teacher or administrator and who holds a valid license issued by the Superintendent of Public Instruction authorizing the holder to teach or perform administrative functions in schools. 2. Communications by a pupil to a teacher concerning the pupil’s possession or use of drugs or alcoholic beverages made while the teacher was counseling or attempting to counsel the pupil are privileged communications and the teacher must not, without the consent of the pupil, be examined as a witness concerning any such communication in any civil or criminal action to which the pupil is a party. (Added to NRS by 1973, 1840; A 1979, 1639; 1987, 1014) MISCELLANEOUS PRIVILEGES NRS 49.295 Husband and wife: General rule of privilege; exceptions. 1. Except as otherwise provided in subsections 2 and 3 and NRS 49.305: (a) A husband cannot be examined as a witness for or against his wife without his consent, nor a wife for or against her husband without her consent. (b) Neither a husband nor a wife can be examined, during the marriage or afterwards, without the consent of the other, as to any communication made by one to the other during marriage. 2. The provisions of subsection 1 do not apply to a: (a) Civil proceeding brought by or on behalf of one spouse against the other spouse; (b) Proceeding to commit or otherwise place a spouse, the property of the spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse; (c) Proceeding brought by or on behalf of a spouse to establish his competence; (d) Proceeding in the juvenile court or family court pursuant to title 5 of NRS or NRS 432B.410 to 432B.590, inclusive; or (e) Criminal proceeding in which one spouse is charged with: (1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether the crime was committed before or during marriage. (2) Bigamy or incest. (3) A crime related to abandonment of a child or nonsupport of a wife or child. 3. The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the husband and wife were married. (Added to NRS by 1971, 786; A 1977, 265; 1979, 460; 1985, 842, 1387; 1991, 458, 2177; 1993, 603; 2003, 593, 1115) NRS

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