Nac: Chapter 433 - Administration Of Mental Health And Mental Retardation Programs


Published: 2015

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NAC: CHAPTER 433 - ADMINISTRATION OF MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITY PROGRAMS

[Rev. 1/4/2022 1:31:54 PM]

[NAC-433 Revised Date: 11-21]

CHAPTER 433 - ADMINISTRATION OF MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITY PROGRAMS

GENERAL PROVISIONS

433.001        Definitions.

433.003        “Cemetery” defined.

433.004        “Cemetery authority” defined.

433.005        “Director” defined.

433.010        “Division” defined.

433.013        “Removal” defined.

433.040        “Adult with a serious mental illness” and “child with a serious emotional disturbance” defined for counting purposes.

433.050        Adoption of Manual by reference.

EDUCATION AND CERTIFICATION OF MENTAL HEALTH TECHNICIANS

433.060        Requirements for certification.

433.070        Purposes of vocational and educational program.

433.080        Compensation for participation in vocational and educational program; requirements to repeat failed courses.

433.090        Renewal of certification.

433.100        Designation of certification.

433.110        Vocational and educational program requirements for new employees, permanent employees and promotions; allowance for partial attendance and lack of available courses.

BURIAL PARK AT NORTHERN NEVADA ADULT MENTAL HEALTH SERVICES

433.130        Order by cemetery authority to disinter and remove remains.

433.140        Notice of removal.

433.150        Disposition of remains from removal; request for removal by family member or tribe.

REPORTING THE ABUSE AND NEGLECT OF CONSUMERS

433.200        “Abuse” and “neglect” interpreted.

433.210        Requirements.

COMMUNITY-BASED LIVING ARRANGEMENT SERVICES

General Provisions

433.300        Definitions. [Replaced in revision by NAC 449.801.]

433.303        “Certificate” defined. [Replaced in revision by NAC 449.802.]

433.306        “Community-based living arrangement services” or “services” defined. [Replaced in revision by NAC 449.804.]

433.309        “Individual support team” defined. [Replaced in revision by NAC 449.807.]

433.312        “Individualized plan” defined. [Replaced in revision by NAC 449.808.]

433.315        “Mental illness” defined. [Replaced in revision by NAC 449.810.]

433.318        “Provider” defined. [Replaced in revision by NAC 449.811.]

433.321        “Provisional certificate” defined. [Replaced in revision by NAC 449.813.]

433.324        “Quality assurance review” defined. [Replaced in revision by NAC 449.814.]

Issuance and Renewal of Provisional Certificates and Certificates

433.327        Provisional certificate or certificate required to provide services; exception. [Replaced in revision by NAC 449.817.]

433.330        Contents of application for provisional certificate. [Replaced in revision by NAC 449.818.]

433.333        Review of application for provisional certificate; actions upon determination that application is incomplete. [Replaced in revision by NAC 449.819.]

433.336        Interview of applicant; training; issuance and validity of provisional certificate. [Replaced in revision by NAC 449.820.]

433.339        Grounds for denial of application for provisional certificate; notice of denial. [Replaced in revision by NAC 449.822.]

433.342        Request for quality assurance review; revocation or extension of provisional certificate; issuance of certificate. [Replaced in revision by NAC 449.823.]

433.345        Renewal of certificate. [Replaced in revision by NAC 449.825.]

Operation of Provider

433.348        Duties of provider. [Replaced in revision by NAC 449.826.]

433.351        Policies and procedures of governmental or organizational provider. [Replaced in revision by NAC 449.828.]

433.354        Arrangements for services from specially trained persons; determination of need for such services. [Replaced in revision by NAC 449.832.]

433.357        Financial plan; financial records; financial report. [Replaced in revision by NAC 449.834.]

433.360        Assessment of need for services; maintenance of findings of assessment; establishment of individualized support team and permanent individual plan; acceptance of person before assessment. [Replaced in revision by NAC 449.835.]

433.363        Contract for provision of services. [Replaced in revision by NAC 449.837.]

433.366        Training concerning administration of medication; persons authorized to administer medication. [Replaced in revision by NAC 449.838.]

433.369        Record regarding recipient of services: Contents and availability for review. [Replaced in revision by NAC 449.840.]

433.372        Record regarding recipient of services: Retention; availability for review by representatives of Department. [Replaced in revision by NAC 449.841.]

433.375        Rights of recipient of services. [Replaced in revision by NAC 449.843.]

Quality Assurance Reviews and Discipline

433.378        Quality assurance review. [Replaced in revision by NAC 449.853.]

433.381        Authorized actions of Division upon determination of deficiencies; grounds for sanctions; authorized sanctions. [Replaced in revision by NAC 449.855.]

433.384        Grounds for revocation of provisional certificate or certificate. [Replaced in revision by NAC 449.856.]

433.387        Notice of intent to revoke provisional certificate or certificate. [Replaced in revision by NAC 449.858.]

433.390        Immediate termination of provision of services. [Replaced in revision by NAC 449.859.]

433.393        Appeal. [Replaced in revision by NAC 449.861.]

_________

NOTE:              The sections added to chapter 433 by sections 2 to 11, inclusive of R134-18, 12-19-2018, have been codified as NAC 449.801 to 449.861, inclusive.

 

 

GENERAL PROVISIONS

      NAC 433.001  Definitions. (NRS 451.080)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 433.003 to 433.013, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of Men. Health & Dev. Services by R031-09, eff. 10-27-2009)

      NAC 433.003  “Cemetery” defined. (NRS 451.080)  “Cemetery” means the nonfunctioning burial park located on the grounds of Northern Nevada Adult Mental Health Services at 480 Galletti Way, Sparks, Nevada 89431.

     (Added to NAC by Div. of Men. Health & Dev. Services by R031-09, eff. 10-27-2009)

      NAC 433.004  “Cemetery authority” defined. (NRS 451.080)  “Cemetery authority” means the Administrator of the Division.

     (Added to NAC by Div. of Men. Health & Dev. Services by R031-09, eff. 10-27-2009)

      NAC 433.005  “Director” defined. (NRS 435.070)  “Director” means the director of the service for which a mental health technician performs his or her duties.

     (Added to NAC by Men. Hygiene & Men. Retardation Div., eff. 7-5-94; A by Div. of Men. Health & Dev. Services by R031-09, 10-27-2009)

      NAC 433.010  “Division” defined.  “Division” means the Division of Mental Health and Developmental Services of the Department of Health and Human Services.

     (Supplied in codification)

      NAC 433.013  “Removal” defined. (NRS 451.080)  “Removal” means the disinterment and removal of human remains from a grave in the cemetery.

     (Added to NAC by Div. of Men. Health & Dev. Services by R031-09, eff. 10-27-2009)

      NAC 433.040  “Adult with a serious mental illness” and “child with a serious emotional disturbance” defined for counting purposes. (NRS 433.324)  Each division facility shall use the following definitions to count the number of persons in this State who are adults with a serious mental illness or children with a serious emotional disturbance:

     1.  “Adult with a serious mental illness” means a person who is at least 18 years old and has been diagnosed within the immediately preceding 12 months as having a mental, behavioral or emotional disorder as defined in the Diagnostic and Statistical Manual of Mental Disorders, as adopted by reference in NAC 433.050, other than a substance use disorder, intellectual or developmental disability, irreversible dementia or a disorder caused by an alcohol or other substance use disorder, which interferes with or limits one or more major life activities of the adult.

     2.  “Child with a serious emotional disturbance” means a person who is less than 18 years old and has been diagnosed within the immediately preceding 12 months as having a mental, behavioral or emotional disorder as defined in the Diagnostic and Statistical Manual of Mental Disorders, as adopted by reference in NAC 433.050, other than a mental disorder designated as a Code V disorder in the Manual, a developmental disorder or a disorder caused by an alcohol or other substance use disorder, which substantially interferes with or limits the child from developing social, behavioral, cognitive, communicative or adaptive skills or his or her activities relating to family, school or community. The term does not include a child with a disorder which is temporary or is an expected response to stressful events.

     (Added to NAC by Comm’n on Men. Health & Men. Retardation, eff. 8-24-88; A 11-19-90; R128-97, 11-14-97)

      NAC 433.050  Adoption of Manual by reference. (NRS 433.324)  The Diagnostic and Statistical Manual of Mental Disorders, 4th Edition Revised 1994, published by the American Psychiatric Association, Washington, D.C., and commonly referred to as “DSM,” is hereby adopted by reference. This Manual may be obtained from the American Psychiatric Press, Inc., 1400 K Street, N.W., Washington, D.C. 20005, for the price of $45, plus $7.50 for shipping and handling.

     (Added to NAC by Comm’n on Men. Health & Men. Retardation, eff. 8-24-88; A by R128-97, 11-14-97)

EDUCATION AND CERTIFICATION OF MENTAL HEALTH TECHNICIANS

      NAC 433.060  Requirements for certification. (NRS 433.279)

     1.  The Division will certify a mental health technician who is initially employed by the Division in that position on or after July 5, 1994, if he or she:

     (a) Is at least 18 years of age;

     (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

     (c) Has successfully completed the vocational and educational program established pursuant to NRS 433.279.

     2.  The Division will certify a mental health technician who is initially employed by the Division in that position before July 5, 1994, if he or she has passed the final examination for each course offered in the vocational and educational program established pursuant to NRS 433.279.

     (Added to NAC by Men. Hygiene & Men. Retardation Div., eff. 7-5-94)

      NAC 433.070  Purposes of vocational and educational program. (NRS 433.279)

     1.  The vocational and educational program established by the Division pursuant to NRS 433.279 will be designed to provide the training necessary for a mental health technician to:

     (a) Obtain certification from the Division;

     (b) Attain the status of a permanent employee; and

     (c) Receive a promotion.

     2.  The Division will not approve a course or program for credit toward certification if it determines that the course or program is not appropriate for the purposes stated in subsection 1.

     (Added to NAC by Men. Hygiene & Men. Retardation Div., eff. 7-5-94)

      NAC 433.080  Compensation for participation in vocational and educational program; requirements to repeat failed courses. (NRS 433.279)

     1.  Except as otherwise provided in subsection 2, if a mental health technician must participate in a vocational and educational program, the Division will grant him or her a related amount of administrative leave with pay or, when applicable, compensation for overtime in the form of pay or leave.

     2.  The Division will not permit a mental health technician who fails to complete successfully a course at the appropriate level to take that course again with pay unless he or she:

     (a) Demonstrates good cause for the failure to complete the course successfully; and

     (b) Obtains the approval of the director.

     (Added to NAC by Men. Hygiene & Men. Retardation Div., eff. 7-5-94)

      NAC 433.090  Renewal of certification. (NRS 433.279)

     1.  Unless renewed, a certificate expires 2 years after the date on which it was issued. A mental health technician shall apply for renewal of his or her certificate on or before the date of expiration. The application for renewal must be:

     (a) On a form prescribed by the Division; and

     (b) Accompanied by evidence that he or she has completed 20 hours of continuing education during the preceding 2 years in one or more courses or programs approved by the Division.

     2.  A certificate of renewal becomes effective on the date on which the Division approves the application for renewal.

     3.  If a mental health technician attends only part of a course or program approved by the Division, the Division may determine the number of hours of credit, if any, that the technician may receive for continuing education.

     (Added to NAC by Men. Hygiene & Men. Retardation Div., eff. 7-5-94)

      NAC 433.100  Designation of certification. (NRS 433.279)  A person who is certified by the Division may place the words or appropriate initials for the words “certified mental health technician” or “certified forensic technician” as applicable, after his or her name.

     (Added to NAC by Men. Hygiene & Men. Retardation Div., eff. 7-5-94)

      NAC 433.110  Vocational and educational program requirements for new employees, permanent employees and promotions; allowance for partial attendance and lack of available courses. (NRS 433.279)

     1.  For each mental health technician who is initially employed by the Division in that position on or after July 5, 1994, the director shall require the technician to complete the vocational and educational program established pursuant to NRS 433.279.

     2.  If a mental health technician attends only part of a course or program approved by the Division, the Division may determine the number of hours of credit, if any, that the technician may receive toward certification.

     3.  Except as otherwise provided in subsection 4, for each mental health technician who is initially employed by the Division in that position on or after July 5, 1994, the director shall, in determining whether to grant the technician the status of a permanent employee, consider whether the technician has completed 5 hours of credit.

     4.  The provisions of subsection 3 do not apply if the technician is not able to complete the required hours because of the failure of the Division or the Nevada System of Higher Education to offer the courses necessary for the technician to complete the required hours of credit.

     5.  Except as otherwise provided in subsection 6, for each mental health technician who is initially employed by the Division in that position on or after July 5, 1994, the director shall not consider the technician as eligible for promotion unless the technician has successfully completed at least 5 additional hours of credit at the appropriate level of the vocational and educational program established pursuant to NRS 433.279.

     6.  The provisions of subsection 5 do not apply if the technician is not able to complete the additional hours of credit because of the failure of the Division or the Nevada System of Higher Education to offer the courses necessary for the technician to complete the additional hours of credit.

     7.  If a mental health technician has completed the 5 additional hours of credit necessary for promotion and is subsequently demoted, the director shall determine whether it is necessary for the technician to take additional courses before he or she may be considered for any future promotion. If the director determines that the technician must take additional courses, the director shall notify the technician in the same document which notifies the technician of the demotion.

     8.  For the purposes of this section, “5 hours of credit” means 75 hours of participation in one or more courses or programs approved by the Division for the vocational and educational program pursuant to NAC 433.070.

     (Added to NAC by Men. Hygiene & Men. Retardation Div., eff. 7-5-94)

BURIAL PARK AT NORTHERN NEVADA ADULT MENTAL HEALTH SERVICES

      NAC 433.130  Order by cemetery authority to disinter and remove remains. (NRS 451.080)

     1.  The cemetery authority may order the disinterment and removal of human remains interred in all or any part of the cemetery if the cemetery authority determines that the further maintenance of all or part of the cemetery as a burial place for the human dead is not in accordance with the health, safety, comfort or welfare of the public.

     2.  The cemetery authority will prescribe a reasonable time of not less than 1 year after which the cemetery authority may proceed with a removal.

     (Added to NAC by Div. of Men. Health & Dev. Services by R031-09, eff. 10-27-2009)

      NAC 433.140  Notice of removal. (NRS 451.080)

     1.  If the cemetery authority determines that removal is necessary, the cemetery authority will provide notice of the removal in accordance with the provisions of NRS 451.110, 451.130 and 451.140.

     2.  If the cemetery authority determines that any of the remains subject to removal may belong to a Native American tribe, notice must be sent to the tribal council of that tribe.

     (Added to NAC by Div. of Men. Health & Dev. Services by R031-09, eff. 10-27-2009)

      NAC 433.150  Disposition of remains from removal; request for removal by family member or tribe. (NRS 451.080)

     1.  Except as otherwise provided in this section, the human remains from a removal will be subject to cremation and inurnment or reinterment elsewhere at the discretion of the cemetery authority.

     2.  Upon the written request to the cemetery authority by a family member or the Native American tribe of the person whose remains are interred in the cemetery, the cemetery authority will allow for the removal by the family member or the Native American tribe. All documentation verifying the familial or tribal relationship must be attached to the written request, and the costs related to the removal must be paid by the family member or tribe.

     3.  Any removal must be conducted in accordance with the laws and ordinances of the constituted authorities of the city, county and State.

     4.  As used in this section:

     (a) “Cremation” means the technical process that reduces human remains to bone fragments by using heat and evaporation.

     (b) “Inurnment” means the disposition of cremated human remains by inserting the remains in an urn and placing the urn in a crypt or niche.

     (Added to NAC by Div. of Men. Health & Dev. Services by R031-09, eff. 10-27-2009)

REPORTING THE ABUSE AND NEGLECT OF CONSUMERS

      NAC 433.200  “Abuse” and “neglect” interpreted. (NRS 433.331)

     1.  As used in NRS 433.554, the term:

     (a) “Abuse” includes, without limitation, physical abuse, sexual abuse, verbal and mental abuse, and financial exploitation.

     (b) “Neglect” includes, without limitation:

          (1) Failure to provide the degree of care or other service to a consumer that a person is legally required or contractually obligated to provide, which may include, without limitation, the provision of adequate medical care, nutrition, hydration, clothing or assistance with personal hygiene; and

          (2) Failure to act to prevent another person from abusing or neglecting a consumer.

     2.  As used in this section:

     (a) “Financial exploitation” means the illegal or improper use of the money, property or other assets of a consumer. The term includes, without limitation:

          (1) Using a consumer’s social security number to obtain a benefit or other financial gain for a person other than the consumer; and

          (2) Diverting money or property that is intended to be used for the benefit of the consumer, including, without limitation, money provided by the State.

     (b) “Physical abuse” includes, without limitation, intentionally causing physical pain to a consumer, whether or not the action results in an observable injury to the consumer, by burning, cutting, hitting, kicking, punching, pushing, scratching, slapping, or pulling the hair of the consumer.

     (c) “Sexual abuse” includes, without limitation:

          (1) Engaging or attempting to engage in sexual conduct with a consumer, including, without limitation, the intimate touching or fondling of a consumer;

          (2) Encouraging a consumer or another person to engage in sexual conduct with a consumer;

          (3) Encouraging a consumer to solicit for, or engage in, prostitution;

          (4) Exposing a person’s genitals to a consumer or encouraging a consumer to expose his or her genitals to another person;

          (5) Encouraging a consumer to view obscene or pornographic materials; and

          (6) Using sexually degrading language or gestures toward a consumer.

     (d) “Verbal and mental abuse” includes, without limitation:

          (1) Cursing, insulting, mocking, ridiculing or taunting a consumer;

          (2) Threatening a consumer with any kind of harm or with the deprivation of any right, privilege or benefit;

          (3) Making a hostile or offensive gesture toward a consumer; and

          (4) Engaging in any action that is intended to humiliate a consumer,

Ê whether or not the consumer understands the meaning of the words, gestures or actions.

     (Added to NAC by Div. of Men. Health & Dev. Services by R063-10, eff. 12-16-2010)

      NAC 433.210  Requirements. (NRS 433.331)

     1.  An employee or contractor who knows or reasonably believes that a consumer has been or is being abused or neglected shall report the abuse or neglect of the consumer:

     (a) Verbally, not later than 1 hour after the employee or contractor becomes aware of the abuse or neglect; and

     (b) In writing, not later than 24 hours after the employee or contractor becomes aware of the abuse or neglect.

     2.  A report required pursuant to subsection 1 must be made to the person and in the manner prescribed by the Administrator.

     3.  An employee or contractor may reasonably believe that a consumer has been or is being abused or neglected based solely on the statement of a consumer.

     4.  As used in this section:

     (a) “Contractor” means a person who provides care or other services to a consumer pursuant to a contract with the Division.

     (b) “Employee” means an employee of the Division.

     (Added to NAC by Div. of Men. Health & Dev. Services by R063-10, eff. 12-16-2010)

COMMUNITY-BASED LIVING ARRANGEMENT SERVICES

General Provisions

      NAC 433.300  Definitions.  [Replaced in revision by NAC 449.801.]

 

      NAC 433.303  “Certificate” defined.  [Replaced in revision by NAC 449.802.]

 

      NAC 433.306  “Community-based living arrangement services” or “services” defined.  [Replaced in revision by NAC 449.804.]

 

      NAC 433.309  “Individual support team” defined.  [Replaced in revision by NAC 449.807.]

 

      NAC 433.312  “Individualized plan” defined.  [Replaced in revision by NAC 449.808.]

 

      NAC 433.315  “Mental illness” defined.  [Replaced in revision by NAC 449.810.]

 

      NAC 433.318  “Provider” defined.  [Replaced in revision by NAC 449.811.]

 

      NAC 433.321  “Provisional certificate” defined.  [Replaced in revision by NAC 449.813.]

 

      NAC 433.324  “Quality assurance review” defined.  [Replaced in revision by NAC 449.814.]

 

Issuance and Renewal of Provisional Certificates and Certificates

      NAC 433.327  Provisional certificate or certificate required to provide services; exception.  [Replaced in revision by NAC 449.817.]

 

      NAC 433.330  Contents of application for provisional certificate.  [Replaced in revision by NAC 449.818.]

 

      NAC 433.333  Review of application for provisional certificate; actions upon determination that application is incomplete.  [Replaced in revision by NAC 449.819.]

 

      NAC 433.336  Interview of applicant; training; issuance and validity of provisional certificate.  [Replaced in revision by NAC 449.820.]

 

      NAC 433.339  Grounds for denial of application for provisional certificate; notice of denial.  [Replaced in revision by NAC 449.822.]

 

      NAC 433.342  Request for quality assurance review; revocation or extension of provisional certificate; issuance of certificate.  [Replaced in revision by NAC 449.823.]

 

      NAC 433.345  Renewal of certificate.  [Replaced in revision by NAC 449.825.]

 

Operation of Provider

      NAC 433.348  Duties of provider.  [Replaced in revision by NAC 449.826.]

 

      NAC 433.351  Policies and procedures of governmental or organizational provider.  [Replaced in revision by NAC 449.828.]

 

      NAC 433.354  Arrangements for services from specially trained persons; determination of need for such services.  [Replaced in revision by NAC 449.832.]

 

      NAC 433.357  Financial plan; financial records; financial report.  [Replaced in revision by NAC 449.834.]

 

      NAC 433.360  Assessment of need for services; maintenance of findings of assessment; establishment of individualized support team and permanent individual plan; acceptance of person before assessment.  [Replaced in revision by NAC 449.835.]

 

      NAC 433.363  Contract for provision of services.  [Replaced in revision by NAC 449.837.]

 

      NAC 433.366  Training concerning administration of medication; persons authorized to administer medication.  [Replaced in revision by NAC 449.838.]

 

      NAC 433.369  Record regarding recipient of services: Contents and availability for review.  [Replaced in revision by NAC 449.840.]

 

      NAC 433.372  Record regarding recipient of services: Retention; availability for review by representatives of Department.  [Replaced in revision by NAC 449.841.]

 

      NAC 433.375  Rights of recipient of services.  [Replaced in revision by NAC 449.843.]

 

Quality Assurance Reviews and Discipline

      NAC 433.378  Quality assurance review.  [Replaced in revision by NAC 449.853.]

 

      NAC 433.381  Authorized actions of Division upon determination of deficiencies; grounds for sanctions; authorized sanctions.  [Replaced in revision by NAC 449.855.]

 

      NAC 433.384  Grounds for revocation of provisional certificate or certificate.  [Replaced in revision by NAC 449.856.]

 

      NAC 433.387  Notice of intent to revoke provisional certificate or certificate.  [Replaced in revision by NAC 449.858.]

 

      NAC 433.390  Immediate termination of provision of services.  [Replaced in revision by NAC 449.859.]

 

      NAC 433.393  Appeal.  [Replaced in revision by NAC 449.861.]