1. It is unlawful for any entity or person described in paragraphs (a) to (d), inclusive, to require another person to undergo the implantation of a microchip or other permanent identification marker of any kind or nature:

(a) An officer or employee of this State or any political subdivision thereof;

(b) An employer as a condition of employment;

(c) A person licensed to sell or provide insurance pursuant to title 57 of NRS; or

(d) A person licensed to participate in a business related to bail pursuant to chapter 697 of NRS.

2. The provisions of this section shall not be construed to prohibit a natural person from voluntarily electing to undergo the implantation of a microchip or other permanent identification marker of any kind or nature.

3. A person who violates the provisions of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

4. As used in this section:

(a) “Microchip” means a device that is subcutaneously implanted in a person and that is passively or actively capable of transmitting personal information to another device using radio frequency technology. The term does not include a device that is implanted in a person if the device:

(1) Is incapable of passively or actively transmitting personal information to another device using radio frequency technology;

(2) Is capable of passively or actively transmitting personal information to another device using radio frequency technology and the device:

(I) Is used in the diagnosis, monitoring, treatment or prevention of a health condition; and

(II) Only transmits such information as is necessary to carry out the diagnosis, monitoring, treatment or prevention of the health condition; or

(3) Is any type of hearing aid or hearing implant device.

(b) “Voluntarily” means without an incentive or other inducement.

(Added to NRS by 2019, 2125)