A. Examination Requirements: Every licensee shall ensure that the requirements of the State Board of Health or any other agency with jurisdiction are satisfied and that all medical examinations required by State Statutes and regulations, this Code and the license, are undergone by all sex workers working at the brothel. The foregoing medical examinations shall:
1. Be performed at least once a week. Medical examinations must be completed and the examination results made available to the police weekly prior to medical exam record checks being conducted by the Police Department;
2. Be performed by or under the supervision of a physician or doctor of osteopathy duly licensed to practice medicine in this State;
3. Include all tests specified by the State Board of Health for the detection and diagnosis of sexually transmitted diseases including, but not limited to, weekly tests for gonorrhea and chlamydia; and a monthly blood test for syphilis and human immunodeficiency virus (HIV), which tests shall be processed at a licensed and approved clinical laboratory;
4. Include monthly tests approved by the State Board of Health for the detection of HIV. Appropriate specimens are to be submitted to and processed at a licensed and approved medical laboratory;
5. Include other medically approved tests deemed advisable by the physician or doctor of osteopathy for determining whether the sex worker is afflicted with any infectious, communicable or contagious disease;
6. Be performed at the location of the licensed operation, at the physician's office, at a hospital or clinic, as determined by the physician;
7. Have all samples and specimens submitted to a State licensed and approved medical laboratory for testing, with all tests performed and reported in accordance with NAC 441A.800 et seq., and all other applicable State requirements; provided, without limitation, no person may work as a sex worker at a brothel if such test results show the presence of chlamydia, syphilis, gonorrhea or the antibody to the human immunodeficiency virus;
8. a. Sex workers who have registered with the Police Department but are awaiting the required test results may reside at the house of prostitution. The owner and the manager shall ensure that all sex workers awaiting test results and residing at the house of prostitution remain off the floor, which includes the bar area, and that such sex workers do not engage in any type of sexual activity until such test results have been received from the physician or doctor of osteopathy who performed the examination;
b. If any sex worker's test results are positive for an infectious, contagious or communicable disease, the sex worker must be pulled off the brothel floor immediately and the sex worker's work card turned over to the Police Department. The sex worker must wait at the house of prostitution until the State Board of Health notifies the sex worker. Once contact by the State Board of Health with the sex worker has taken place, nothing in this chapter shall prohibit the sex worker from leaving the premises of the house of prostitution. If the sex worker chooses to remain at the house of prostitution, the sex worker must remain off the floor, which includes the bar area, and not engage in any type of sexual activity until a clearance to return to work has been communicated to the Police Department by the physician or doctor of osteopathy who performed the examination. If the owner is not physically present, the manager of the brothel shall notify the Police Department when a sex worker leaves the brothel for any period in excess of twenty four (24) hours. Prior to returning to work after an absence of more than twenty four (24) hours, a sex worker must get a medical examination, must obtain a clearance from a licensed physician or doctor of osteopathy, and must pick up his or her work card at the Police Department;
9. All sex workers shall be tested to determine if they are infected with the hepatitis B virus (HBV) by a licensed and approved medical laboratory. If antibody testing shows a positive result for HBV, the sex worker will not be issued a work permit. If the results of the HBV are negative, it will be the responsibility of the sex worker to follow up with the vaccine series. Sex workers who are undergoing the hepatitis B vaccine series shall not be prohibited from working in a licensed brothel.
B. Physician Duties: After performing the examination required in subsection A of this section, the examining physician or doctor of osteopathy shall:
1. Notify the Police Department of every person examined and found not to be infected with a sexually transmitted, infectious, contagious or communicable disease;
2. Notify the Police Department of every person examined and found to be infected with a sexually transmitted, infectious, contagious or communicable disease;
3. Report the results of such examinations weekly to the police;
4. If any sex worker examined is found to be infected with a sexually transmitted, infectious, contagious or communicable disease, the physician or doctor of osteopathy shall immediately notify the police and the brothel owner, operator and manager of such condition.
C. Denial Based On Positive Result Of Test: No person who has been found to be infected with a sexually transmitted, infectious, contagious or communicable disease by an examining physician or doctor of osteopathy may again work as a sex worker in any brothel until such person has received and presented to the police examination results from an examining physician or doctor of osteopathy stating that the disease which resulted in the denial of the work permit has been cured and that the person is now free of any sexually transmitted, infectious, contagious or communicable disease.
D. Authority Of Board: Nothing contained in this section shall prevent the Board on its own motion or upon complaints or reports from any person, from inquiring into the existence of any condition on the premises of any brothel or house of prostitution which might constitute or cause a health hazard. (Ord. 837, 1-8-2019)