[Rev. 11/21/2013 11:37:42
AM--2013]
CHAPTER 433A - ADMISSION TO MENTAL HEALTH
FACILITIES OR PROGRAMS OF COMMUNITY-BASED OR OUTPATIENT SERVICES;
HOSPITALIZATION
GENERAL PROVISIONS
NRS 433A.010 Applicability
of chapter.
NRS 433A.011 Definitions.
NRS 433A.012 “Administrative
officer” defined.
NRS 433A.013 “Administrator”
defined.
NRS 433A.015 “Division”
defined.
NRS 433A.016 “Division
facility” defined.
NRS 433A.017 “Medical
director” defined.
NRS 433A.018 “Person
professionally qualified in the field of psychiatric mental health” defined.
NRS 433A.019 “Program
of community-based or outpatient services” defined.
NRS 433A.020 Administrative
officer: Qualifications.
NRS 433A.030 Administrative
officer: Powers and duties.
NRS 433A.040 Administrative
officer: Other employment prohibited; exceptions.
NRS 433A.080 Coordinator
of medical programs: Qualifications and selection; powers and duties.
NRS 433A.090 Revolving
Account for Northern Nevada Adult Mental Health Services.
NRS 433A.100 Gift
accounts in Department of Health and Human Services’ Gift Fund; sale or
exchange of gifts of property.
NRS 433A.110 Canteen
for facility of Division: Establishment and operation.
ADMISSION TO MENTAL HEALTH FACILITIES OR PROGRAMS OF
COMMUNITY-BASED OR OUTPATIENT SERVICES
General Provisions
NRS 433A.115 “Person
with mental illness” defined.
NRS 433A.120 Types
of admission.
NRS 433A.130 Forms
for admission.
NRS 433A.140 Voluntary
admission: Procedures for admission and release; effect of voluntary release.
Emergency Admission
NRS 433A.145 Restrictions
on change of status from voluntary consumer to emergency admission.
NRS 433A.150 Detention
for evaluation, observation and treatment; limitation on time.
NRS 433A.160 Procedure
for admission.
NRS 433A.165 Examination
required before admission of person to facility; treatment of certain medical
conditions required before admission to facility; payment of costs; exceptions;
regulations.
NRS 433A.170 Certificate
of psychiatrist, licensed psychologist or physician required.
NRS 433A.190 Notice
of admission to spouse or legal guardian.
NRS 433A.195 Procedure
for release.
NRS 433A.197 Requirements
for and limitations on applications and certificates.
Involuntary Court-Ordered Admission
NRS 433A.200 Petition:
Filing; certificate or statement of alleged mental illness; statement of parent
consenting to treatment of minor.
NRS 433A.210 Requirements
of petition that is filed after emergency admission.
NRS 433A.220 Hearing
on petition; notice; discharge of person before hearing.
NRS 433A.230 Bond
of petitioner.
NRS 433A.240 Examination
of person alleged to be mentally ill; protective custody pending hearing.
NRS 433A.250 Evaluation
team: Establishment; composition; fees.
NRS 433A.260 Proceedings
held in county where persons to conduct examination are available; expense of
proceedings paid by county.
NRS 433A.270 Right
to counsel; compensation of counsel; recess; continuation of representation by
counsel during involuntary admission; duties of district attorney.
NRS 433A.280 Testimony.
NRS 433A.290 Right
of person alleged to be mentally ill to be present and testify.
NRS 433A.300 Fees
and mileage for witnesses.
NRS 433A.310 Findings
and order; conditions for admission to program of community-based or outpatient
services; expiration and renewal of admission to facility or program;
alternative courses of treatment; transmittal of record to Central Repository
for Nevada Records of Criminal History.
NRS 433A.315 Development
of written plan for course of treatment and program of community-based or
outpatient services.
NRS 433A.320 Clinical
abstract to accompany order.
NRS 433A.323 Failure
to participate in program or carry out plan of treatment: Petition and order to
take person into custody; evaluation.
NRS 433A.327 Conditional
release of person in program: When allowed; no liability of State; notice to
court, district attorney and legal guardian; order to resume participation in
program; judicial review of order to resume participation in program.
NRS 433A.330 Transportation
to facility.
HOSPITALIZATION
NRS 433A.350 Information
to be furnished to consumer upon admission to facility or program.
NRS 433A.360 Clinical
records: Contents; confidentiality.
NRS 433A.370 Escape
or absence without leave.
NRS 433A.380 Conditional
release: No liability of State; restoration of rights; notice to court,
district attorney and legal guardian; order to return to facility; judicial
review of order to return to facility.
NRS 433A.390 Release
without further order of court at end of period specified; unconditional early
release; notice to court and legal guardian.
NRS 433A.400 Return
of indigent to county of last residence or county where involuntarily admitted;
notice.
NRS 433A.420 Transfer
to hospital of Department of Veterans Affairs or other facility; duties of
medical director and Commission upon objection of consumer.
NRS 433A.430 Transfer
to facility in other state: Examination; contract; objection to transfer; fee
for examination.
NRS 433A.440 Transfer
of nonresident to state of residence.
NRS 433A.450 Detention
and treatment of offender with mental illness.
NRS 433A.460 Legal
capacity of person admitted to facility or program unimpaired unless
adjudicated incompetent.
NRS 433A.470 Guardian
may be appointed for person adjudicated incompetent.
NRS 433A.480 Evaluation
of person adjudicated incompetent; initiation of action for restoration to
legal capacity.
NRS 433A.490 Restoration
of legal capacity of person previously adjudicated incompetent.
PAYMENT OF COSTS OF HOSPITALIZATION AND TREATMENT
NRS 433A.580 Arrangements
for payment of costs required.
NRS 433A.590 Schedule
of fees.
NRS 433A.600 Charges
to nonindigent persons admitted to facility or program and responsible
relative; recovery by civil action; disposition of receipts.
NRS 433A.610 Liability
of certain relatives and estate of person admitted to facility for payment of
costs; recovery by legal action.
NRS 433A.620 Limitation
on payment from estate of person admitted to facility.
NRS 433A.630 Special
agreement for support of consumer adjudicated incompetent; advance payments.
NRS 433A.640 Parties
responsible for payment of charges after court-ordered admission; investigation
of ability to pay.
NRS 433A.650 Benefits
available from third party.
NRS 433A.660 Collection
of fees by legal action and other methods.
NRS 433A.680 Payment
of costs of medical services rendered by person not on staff of facility of
Division.
NRS 433A.690 Claim
against estate of deceased consumer.
MISCELLANEOUS PROVISIONS
NRS 433A.715 Court
required to seal records of admission and treatment; petition to inspect
records after sealing; admission to hospital, facility or program deemed to
have never occurred after sealing.
CRIMES AND PENALTIES
NRS 433A.740 Liability
of public officer or employee.
NRS 433A.750 Unlawful
acts; penalties.
_________
_________
GENERAL PROVISIONS
NRS 433A.010 Applicability of chapter. The
provisions of this chapter apply to all mental health centers of the Division
of Public and Behavioral Health of the Department and of the Division of Child
and Family Services of the Department. Such provisions apply to private
institutions and facilities offering mental health services only when specified
in the context.
(Added to NRS by 1975, 1599; A 1993, 2721; 1999, 101; 2013, 3013)
NRS 433A.011 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 433A.012 to 433A.019, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1993, 2720; A 2013, 3488)
NRS 433A.012 “Administrative officer” defined. “Administrative
officer” means a person with overall executive and administrative
responsibility for those state or nonstate facilities for mental health
designated by the Administrator.
(Added to NRS by 1993, 2720; A 2013, 668, 3014)
NRS 433A.013 “Administrator” defined. “Administrator”
means:
1. Except as otherwise provided in
subsection 2, the Administrator of the Division of Public and Behavioral Health
of the Department.
2. Regarding the provision of services for
the mental health of children pursuant to chapter
433B of NRS, the Administrator of the Division of Child and Family Services
of the Department.
(Added to NRS by 1993, 2720; A 1999, 101)
NRS 433A.015 “Division” defined. “Division”
means:
1. Except as otherwise provided in
subsection 2, the Division of Public and Behavioral Health of the Department.
2. Regarding the provision of services for
the mental health of children pursuant to chapter
433B of NRS, the Division of Child and Family Services of the Department.
(Added to NRS by 1993, 2720; A 1999, 102; 2013, 3014)
NRS 433A.016 “Division facility” defined. “Division
facility” means:
1. Except as otherwise provided in
subsection 2, any unit or subunit operated by the Division of Public and
Behavioral Health of the Department for the care, treatment and training of
consumers.
2. Any unit or subunit operated by the
Division of Child and Family Services of the Department pursuant to chapter 433B of NRS.
(Added to NRS by 1993, 2721; A 1999, 102; 2011, 425)
NRS 433A.017 “Medical director” defined. “Medical
director” means the medical officer in charge of any program of the Division of
Public and Behavioral Health of the Department.
(Added to NRS by 1993, 2721; A 1999, 102; 2013, 3014)
NRS 433A.018 “Person professionally qualified in the field of psychiatric
mental health” defined. “Person
professionally qualified in the field of psychiatric mental health” means:
1. A psychiatrist licensed to practice
medicine in this State who is certified by the American Board of Psychiatry and
Neurology;
2. A psychologist licensed to practice in
this State;
3. A social worker who holds a master’s
degree in social work, is licensed by the State as a clinical social worker and
is employed by the Division;
4. A registered nurse who:
(a) Is licensed to practice professional nursing
in this State;
(b) Holds a master’s degree in the field of
psychiatric nursing; and
(c) Is employed by the Division;
5. A marriage and family therapist
licensed pursuant to chapter 641A of NRS;
or
6. A clinical professional counselor
licensed pursuant to chapter 641A of NRS.
(Added to NRS by 1993, 2721; A 2007, 3086)
NRS 433A.019 “Program of community-based or outpatient services” defined. “Program of community-based or outpatient
services” means care, treatment and training provided to persons with mental
illness, including, without limitation:
1. A program or service for the treatment
of abuse of alcohol;
2. A program or service for the treatment
of abuse of drugs;
3. A program of general education or
vocational training;
4. A program or service that assists in
the dispensing or monitoring of medication;
5. A program or service that provides
counseling or therapy;
6. A service which provides screening
tests to detect the presence of alcohol or drugs;
7. A program of supervised living; or
8. Any combination of programs and
services for persons with mental illness.
Ê The term
does not include care, treatment and training provided to residents of a mental
health facility.
(Added to NRS by 2013, 3486)
NRS 433A.020 Administrative officer: Qualifications. The
administrative officer of a facility of the Division must:
1. Be selected on the basis of training
and demonstrated administrative qualities of leadership in any one of the
fields of psychiatry, medicine, psychology, social work, public health or
administration.
2. Be appointed on the basis of merit as
measured by administrative training or experience in programs relating to
mental health, including care and treatment of persons with mental illness.
(Added to NRS by 1975, 1599; A 1979, 813; 1981, 1685;
1983, 642; 1985,
2268; 1999,
2594; 2013,
668, 3014)
NRS 433A.030 Administrative officer: Powers and duties. The administrative officers have the following
powers and duties, subject to the administrative supervision of the
Administrator:
1. To exercise general supervision of and
establish regulations for the government of the facilities designated by the
Administrator;
2. To be responsible for and supervise the
fiscal affairs and responsibilities of the facilities designated by the
Administrator;
3. To appoint such medical, technical,
clerical and operational staff as the execution of his or her duties, the care
and treatment of consumers and the maintenance and operation of the facilities
designated by the Administrator may require;
4. To make reports to the Administrator,
and to supply the Administrator with material on which to base proposed
legislation;
5. To keep complete and accurate records
of all proceedings, record and file all bonds and contracts, and assume
responsibility for the custody and preservation of all papers and documents
pertaining to his or her office;
6. To inform the public in regard to the
activities and operation of the facilities;
7. To invoke any legal, equitable or
special procedures for the enforcement of his or her orders or the enforcement
of the provisions of this chapter and chapters
433, 433B and 433C of NRS and other statutes governing the
facilities;
8. To submit an annual report to the
Administrator on the condition, operation, functioning and anticipated needs of
the facilities; and
9. To assume responsibility for the
nonmedical care and treatment of consumers if that responsibility has not been
delegated.
(Added to NRS by 1975, 1600; A 1979, 813; 2011, 425; 2013, 3014)
NRS 433A.040 Administrative officer: Other employment prohibited; exceptions. Except as otherwise provided in NRS 284.143, an administrative officer
shall devote his or her entire time to the duties of his or her position and
shall have no other gainful employment or occupation, but the administrative
officer may attend seminars, act as a consultant and give lectures relating to
his or her profession and accept appropriate stipends for the seminars,
consultations and lectures.
(Added to NRS by 1975, 1600; A 1979, 814; 1985, 423; 1995, 2314)
NRS 433A.080 Coordinator of medical programs: Qualifications and selection;
powers and duties.
1. A coordinator of medical programs is
the medical head of any division facility designated by the Administrator. The
coordinator of medical programs:
(a) Must be a psychiatrist licensed to practice
medicine or, in the case of a treatment facility authorized by paragraph (b) of
subsection 1 of NRS 433B.290, a
psychiatrist or a pediatrician licensed to practice medicine.
(b) May be a psychiatrist or pediatrician in
private practice under contract to the Division.
(c) Must have such additional qualifications as
are in accordance with criteria prescribed by the Division of Human Resource
Management of the Department of Administration and must be in the unclassified
service of the State.
2. A coordinator of medical programs
shall:
(a) Cause to be kept a fair and full account of
all medical affairs;
(b) Have standard medical histories currently
maintained on all consumers, and administer or have administered the accepted
and appropriate medical treatments to all consumers under his or her care, and
may, by delegation of the administrative officer, be responsible for the
nonmedical care and treatment of consumers; and
(c) Undertake any diagnostic, medical or surgical
procedure in the interest of the consumer, but only in accordance with the
provisions of subsection 1 of NRS 433.484.
(Added to NRS by 1975, 1601; A 1979, 814; 1981, 1686;
1983, 642; 1993,
2721; 2011,
425)
NRS 433A.090 Revolving Account for Northern Nevada Adult Mental Health
Services. There is hereby created
a Revolving Account for Northern Nevada Adult Mental Health Services in the sum
of $7,500, which may be used for the payment of bills requiring immediate
payment and for no other purpose. The Administrative Officer shall deposit the
Revolving Account in one or more banks or credit unions of reputable standing.
Payments made from the Revolving Account must be promptly reimbursed from money
appropriated for Northern Nevada Adult Mental Health Services as other claims
against the State are paid.
(Added to NRS by 1975, 1612; A 1979, 815; 1991, 206; 1999, 1497; 2001, 1116)
NRS 433A.100 Gift accounts in Department of Health and Human Services’ Gift
Fund; sale or exchange of gifts of property.
1. A gift account in the Department of
Health and Human Services’ Gift Fund is hereby created for each division
facility, and all gifts of money which the Division is authorized to accept for
the respective facilities must be deposited in the State Treasury to the credit
of the appropriate account. Amounts in the accounts must be used for division
mental health facility purposes only and expended in accordance with the terms
of the gift. All claims must be approved by the administrative officer before
they are paid.
2. Gifts of property, other than money,
may be sold or exchanged when it is deemed by the administrative officer and
the Administrator to be in the best interest of the division mental health
facility. The sale price must be not less than 90 percent of the value
determined by a qualified appraiser appointed by the administrative officer.
All money realized from the sale must be deposited in the State Treasury to the
credit of the appropriate account and must be spent for division mental health
facility purposes only.
(Added to NRS by 1975, 1613; A 1979, 622; 1981, 78)
NRS 433A.110 Canteen for facility of Division: Establishment and operation.
1. The administrative officer of a
division mental health facility which provides treatment for inpatients may
cause to be established a canteen operated for the benefit of consumers and
employees of the facility. So far as practical within good business practices,
the prices of commodities sold must approximate costs. The administrative
officer shall cause to be kept a record of transactions in the operation of the
canteen.
2. The Administrator may designate money
from budgeted resources in appropriate amounts to each such facility for the
establishment and operation of canteens. The money must be used to supplement
the financial operation of the canteens, if required, to provide money for
needy consumers’ canteen privileges, and to provide for such other expenditures
benefiting the consumers of such division facilities as the respective
administrative officers may deem necessary. All proceeds of sale collected must
be deposited with the State Treasurer for credit to the appropriate operating
account of the mental health facility. The operating account must separately
identify in the record of transactions the proceeds of sale collected, the
amount of budgeted resources used, and the total amount expended for the
operations of the canteen. All proceeds of sale collected must be used for the
operation of the canteen. Proceeds of sale collected which exceed the amount
necessary to maintain the operation of the canteens must be used to benefit the
consumers.
3. An appropriate sum may be maintained as
petty cash at each canteen.
4. The respective administrative officers
may cause to be appointed such staff as are necessary for the proper operation
of the canteens.
(Added to NRS by 1975, 1613; A 1981, 263; 2011, 426)
ADMISSION TO MENTAL HEALTH FACILITIES OR PROGRAMS OF
COMMUNITY-BASED OR OUTPATIENT SERVICES
General Provisions
NRS 433A.115 “Person with mental illness” defined.
1. As used in NRS
433A.115 to 433A.330, inclusive, unless the
context otherwise requires, “person with mental illness” means any person whose
capacity to exercise self-control, judgment and discretion in the conduct of
the person’s affairs and social relations or to care for his or her personal
needs is diminished, as a result of a mental illness, to the extent that the
person presents a clear and present danger of harm to himself or herself or
others, but does not include any person in whom that capacity is diminished by
epilepsy, intellectual disability, dementia, delirium, brief periods of
intoxication caused by alcohol or drugs, or dependence upon or addiction to
alcohol or drugs, unless a mental illness that can be diagnosed is also present
which contributes to the diminished capacity of the person.
2. A person presents a clear and present
danger of harm to himself or herself if, within the immediately preceding 30
days, the person has, as a result of a mental illness:
(a) Acted in a manner from which it may
reasonably be inferred that, without the care, supervision or continued
assistance of others, the person will be unable to satisfy his or her need for
nourishment, personal or medical care, shelter, self-protection or safety, and
if there exists a reasonable probability that the person’s death, serious
bodily injury or physical debilitation will occur within the next following 30
days unless he or she is admitted to a mental health facility pursuant to the
provisions of NRS 433A.115 to 433A.330, inclusive, and adequate treatment is
provided to the person;
(b) Attempted or threatened to commit suicide or
committed acts in furtherance of a threat to commit suicide, and if there
exists a reasonable probability that the person will commit suicide unless he
or she is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330,
inclusive, and adequate treatment is provided to the person; or
(c) Mutilated himself or herself, attempted or
threatened to mutilate himself or herself or committed acts in furtherance of a
threat to mutilate himself or herself, and if there exists a reasonable
probability that he or she will mutilate himself or herself unless the person
is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330,
inclusive, and adequate treatment is provided to the person.
3. A person presents a clear and present
danger of harm to others if, within the immediately preceding 30 days, the
person has, as a result of a mental illness, inflicted or attempted to inflict
serious bodily harm on any other person, or made threats to inflict harm and
committed acts in furtherance of those threats, and if there exists a
reasonable probability that he or she will do so again unless the person is
admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330,
inclusive, and adequate treatment is provided to him or her.
(Added to NRS by 1985, 2268; A 1989, 1757; 1997, 3493; 2009, 333; 2013, 668, 3488)
NRS 433A.120 Types of admission. There
are three types of admission to mental health facilities in the State of
Nevada:
1. Voluntary admission;
2. Emergency admission; and
3. Involuntary court-ordered admission.
(Added to NRS by 1975, 1602)
NRS 433A.130 Forms for admission. All
applications and certificates for the admission of any person in the State of
Nevada to a mental health facility or to a program of community-based or
outpatient services under the provisions of this chapter shall be made on forms
approved by the Division and the Office of the Attorney General and furnished
by the clerks of the district courts in each county.
(Added to NRS by 1975, 1608; A 2013, 3489)
NRS 433A.140 Voluntary admission: Procedures for admission and release;
effect of voluntary release.
1. Any person may apply to:
(a) A public or private mental health facility in
the State of Nevada for admission to the facility; or
(b) A division facility to receive care,
treatment or training provided by the Division,
Ê as a
voluntary consumer for the purposes of observation, diagnosis, care and
treatment. In the case of a person who has not attained the age of majority,
application for voluntary admission or care, treatment or training may be made
on his or her behalf by the person’s spouse, parent or legal guardian.
2. If the application is for admission to
a division facility, or for care, treatment or training provided by the
Division, the applicant must be admitted or provided such services as a
voluntary consumer if an examination by personnel of the facility qualified to
make such a determination reveals that the person needs and may benefit from
services offered by the mental health facility.
3. Any person admitted to a public or
private mental health facility as a voluntary consumer must be released
immediately after the filing of a written request for release with the
responsible physician or that physician’s designee within the normal working
day, unless, within 24 hours after the request, the facility changes the status
of the person to an emergency admission pursuant to NRS
433A.145. When a person is released pursuant to this subsection, the
facility and its agents and employees are not liable for any debts or
contractual obligations, medical or otherwise, incurred or damages caused by
the actions of the person.
4. Any person admitted to a public or
private mental health facility as a voluntary consumer who has not requested
release may nonetheless be released by the medical director of the facility
when examining personnel at the facility determine that the consumer has
recovered or has improved to such an extent that the consumer is not considered
a danger to himself or herself or others and that the services of that facility
are no longer beneficial to the consumer or advisable.
5. A person who requests care, treatment
or training from the Division pursuant to this section must be evaluated by the
personnel of the Division to determine whether the person is eligible for the
services offered by the Division. The evaluation must be conducted:
(a) Within 72 hours if the person has requested
inpatient services; or
(b) Within 72 regular operating hours, excluding
weekends and holidays, if the person has requested community-based or
outpatient services.
6. This section does not preclude a public
facility from making decisions, policies, procedures and practices within the
limits of the money made available to the facility.
(Added to NRS by 1975, 1602; A 1993, 2114; 1997, 3494; 2011, 426)
Emergency Admission
NRS 433A.145 Restrictions on change of status from voluntary consumer to
emergency admission.
1. If a person with mental illness is
admitted to a public or private mental health facility or hospital as a
voluntary consumer, the facility or hospital shall not change the status of the
person to an emergency admission unless the hospital or facility receives,
before the change in status is made, an application for an emergency admission
pursuant to NRS 433A.160 and the certificate of a
psychiatrist, psychologist or physician pursuant to NRS
433A.170.
2. A person whose status is changed
pursuant to subsection 1 must not be detained in excess of 48 hours after the
change in status is made unless, before the close of the business day on which
the 48 hours expires, a written petition is filed with the clerk of the
district court pursuant to NRS 433A.200.
3. If the period specified in subsection 2
expires on a day on which the office of the clerk of the district court is not
open, the written petition must be filed on or before the close of the business
day next following the expiration of that period.
(Added to NRS by 1997, 3492; A 2009, 333; 2011, 427)
NRS 433A.150 Detention for evaluation, observation and treatment; limitation
on time.
1. Any person alleged to be a person with
mental illness may, upon application pursuant to NRS
433A.160 and subject to the provisions of subsection 2, be detained in a
public or private mental health facility or hospital under an emergency admission
for evaluation, observation and treatment.
2. Except as otherwise provided in
subsection 3, a person detained pursuant to subsection 1 must be released
within 72 hours, including weekends and holidays, after the certificate
required pursuant to NRS 433A.170 and the
examination required by paragraph (a) of subsection 1 of NRS 433A.165 have been completed, if such an
examination is required, or within 72 hours, including weekends and holidays,
after the person arrives at the mental health facility or hospital, if an
examination is not required by paragraph (a) of subsection 1 of NRS 433A.165, unless, before the close of the
business day on which the 72 hours expires, a written petition for an
involuntary court-ordered admission to a mental health facility is filed with
the clerk of the district court pursuant to NRS
433A.200, including, without limitation, the documents required pursuant to
NRS 433A.210, or the status of the person is
changed to a voluntary admission.
3. If the period specified in subsection 2
expires on a day on which the office of the clerk of the district court is not
open, the written petition must be filed on or before the close of the business
day next following the expiration of that period.
(Added to NRS by 1975, 1602; A 1985, 2269; 1989, 1758; 2001, 3041; 2003, 1944; 2009, 334; 2013, 3489)
NRS 433A.160 Procedure for admission.
1. Except as otherwise provided in
subsection 2, an application for the emergency admission of a person alleged to
be a person with mental illness for evaluation, observation and treatment may
only be made by an accredited agent of the Department, an officer authorized to
make arrests in the State of Nevada or a physician, psychologist, marriage and
family therapist, clinical professional counselor, social worker or registered
nurse. The agent, officer, physician, psychologist, marriage and family
therapist, clinical professional counselor, social worker or registered nurse
may:
(a) Without a warrant:
(1) Take a person alleged to be a person
with mental illness into custody to apply for the emergency admission of the
person for evaluation, observation and treatment; and
(2) Transport the person alleged to be a
person with mental illness to a public or private mental health facility or
hospital for that purpose, or arrange for the person to be transported by:
(I) A local law enforcement agency;
(II) A system for the nonemergency
medical transportation of persons whose operation is authorized by the Nevada
Transportation Authority;
(III) An entity that is exempt
pursuant to NRS 706.745 from the
provisions of NRS 706.386 or 706.421; or
(IV) If medically necessary, an
ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,
Ê only if the
agent, officer, physician, psychologist, marriage and family therapist,
clinical professional counselor, social worker or registered nurse has, based
upon his or her personal observation of the person alleged to be a person with
mental illness, probable cause to believe that the person has a mental illness
and, because of that illness, is likely to harm himself or herself or others if
allowed his or her liberty.
(b) Apply to a district court for an order
requiring:
(1) Any peace officer to take a person
alleged to be a person with mental illness into custody to allow the applicant
for the order to apply for the emergency admission of the person for
evaluation, observation and treatment; and
(2) Any agency, system or service
described in subparagraph (2) of paragraph (a) to transport the person alleged
to be a person with mental illness to a public or private mental health
facility or hospital for that purpose.
Ê The district
court may issue such an order only if it is satisfied that there is probable
cause to believe that the person has a mental illness and, because of that
illness, is likely to harm himself or herself or others if allowed his or her
liberty.
2. An application for the emergency
admission of a person alleged to be a person with mental illness for
evaluation, observation and treatment may be made by a spouse, parent, adult
child or legal guardian of the person. The spouse, parent, adult child or legal
guardian and any other person who has a legitimate interest in the person
alleged to be a person with mental illness may apply to a district court for an
order described in paragraph (b) of subsection 1.
3. The application for the emergency
admission of a person alleged to be a person with mental illness for
evaluation, observation and treatment must reveal the circumstances under which
the person was taken into custody and the reasons therefor.
4. Except as otherwise provided in this
subsection, each person admitted to a public or private mental health facility
or hospital under an emergency admission must be evaluated at the time of
admission by a psychiatrist or a psychologist. If a psychiatrist or a psychologist
is not available to conduct an evaluation at the time of admission, a physician
may conduct the evaluation. Each such emergency admission must be approved by a
psychiatrist.
5. As used in this section, “an accredited
agent of the Department” means any person appointed or designated by the
Director of the Department to take into custody and transport to a mental
health facility pursuant to subsections 1 and 2 those persons in need of
emergency admission.
(Added to NRS by 1975, 1603; A 1983, 506; 1985, 2269; 1989, 1759; 1997, 3494; 2001, 1017, 3042; 2005, 967; 2007, 3087)
NRS 433A.165 Examination required before admission of person to facility;
treatment of certain medical conditions required before admission to facility;
payment of costs; exceptions; regulations.
1. Before a person alleged to be a person
with mental illness may be admitted to a public or private mental health
facility pursuant to NRS 433A.160, the person must:
(a) First be examined by a licensed physician or
physician assistant licensed pursuant to chapter
630 or 633 of NRS or an advanced practice
registered nurse licensed pursuant to NRS
632.237 at any location where such a physician, physician assistant or
advanced practice registered nurse is authorized to conduct such an examination
to determine whether the person has a medical problem, other than a psychiatric
problem, which requires immediate treatment; and
(b) If such treatment is required, be admitted
for the appropriate medical care:
(1) To a hospital if the person is in need
of emergency services or care; or
(2) To another appropriate medical
facility if the person is not in need of emergency services or care.
2. If a person with a mental illness has a
medical problem in addition to a psychiatric problem which requires medical
treatment that requires more than 72 hours to complete, the licensed physician,
physician assistant or advanced practice registered nurse who examined the
person must:
(a) On the first business day after determining
that such medical treatment is necessary file with the clerk of the district
court a written petition to admit the person to a public or private mental
health facility pursuant to NRS 433A.160 after the
medical treatment has been completed. The petition must:
(1) Include, without limitation, the
medical condition of the person and the purpose for continuing the medical
treatment of the person; and
(2) Be accompanied by a copy of the
application for the emergency admission of the person required pursuant to NRS 433A.160 and the certificate required pursuant to
NRS 433A.170.
(b) Seven days after filing a petition pursuant
to paragraph (a) and every 7 days thereafter, file with the clerk of the
district court an update on the medical condition and treatment of the person.
3. The examination and any transfer of the
person from a facility when the person has an emergency medical condition and
has not been stabilized must be conducted in compliance with:
(a) The requirements of 42 U.S.C. § 1395dd and
any regulations adopted pursuant thereto, and must involve a person authorized
pursuant to federal law to conduct such an examination or certify such a
transfer; and
(b) The provisions of NRS 439B.410.
4. The cost of the examination must be
paid by the county in which the person alleged to be a person with mental
illness resides if services are provided at a county hospital located in that
county or a hospital or other medical facility designated by that county,
unless the cost is voluntarily paid by the person alleged to be a person with
mental illness or, on the person’s behalf, by his or her insurer or by a state
or federal program of medical assistance.
5. The county may recover all or any part
of the expenses paid by it, in a civil action against:
(a) The person whose expenses were paid;
(b) The estate of that person; or
(c) A responsible relative as prescribed in NRS 433A.610, to the extent that financial ability is
found to exist.
6. The cost of treatment, including
hospitalization, for a person who is indigent must be paid pursuant to NRS 428.010 by the county in which the
person alleged to be a person with mental illness resides.
7. The provisions of this section do not
require the Division to provide examinations required pursuant to subsection 1
at a Division facility if the Division does not have the:
(a) Appropriate staffing levels of physicians,
physician assistants, advanced practice registered nurses or other appropriate
staff available at the facility as the Division determines is necessary to
provide such examinations; or
(b) Appropriate medical laboratories as the
Division determines is necessary to provide such examinations.
8. The Division shall adopt regulations to
carry out the provisions of this section, including, without limitation,
regulations that:
(a) Define “emergency services or care” as that
term is used in this section; and
(b) Prescribe the type of medical facility that a
person may be admitted to pursuant to subparagraph (2) of paragraph (b) of
subsection 1.
9. As used in this section, “medical
facility” has the meaning ascribed to it in NRS
449.0151.
(Added to NRS by 1987, 1445; A 1991, 2209; 1993, 908; 2001, 1018; 2003, 1453, 1944; 2007, 1855; 2009, 334; 2013, 2080)
NRS 433A.170 Certificate of psychiatrist, licensed psychologist or physician
required. Except as otherwise
provided in this section, the administrative officer of a facility operated by
the Division or of any other public or private mental health facility or
hospital shall not accept an application for an emergency admission under NRS 433A.160 unless that application is accompanied
by a certificate of a psychiatrist or a licensed psychologist stating that he
or she has examined the person alleged to be a person with mental illness and
that he or she has concluded that the person has a mental illness and, because
of that illness, is likely to harm himself or herself or others if allowed his or
her liberty. If a psychiatrist or licensed psychologist is not available to
conduct an examination, a physician may conduct the examination. The
certificate required by this section may be obtained from a psychiatrist,
licensed psychologist or physician who is employed by the public or private
mental health facility or hospital to which the application is made.
(Added to NRS by 1975, 1603; A 1985, 2270; 1989, 1550, 1759; 1997, 3495; 2001, 3043)
NRS 433A.190 Notice of admission to spouse or legal guardian. Within 24 hours of a person’s admission under
emergency admission, the administrative officer of a public or private mental
health facility shall give notice of such admission in person, by telephone or
facsimile and by certified mail to the spouse or legal guardian of that person.
(Added to NRS by 1975, 1604; A 1993, 2114; 2009, 1667)
NRS 433A.195 Procedure for release. A
licensed physician on the medical staff of a facility operated by the Division
or of any other public or private mental health facility or hospital may
release a person admitted pursuant to NRS 433A.160
upon completion of a certificate which meets the requirements of NRS 433A.197 signed by a licensed physician on the medical
staff of the facility or hospital stating that he or she has personally
observed and examined the person and that he or she has concluded that the
person is not a person with a mental illness.
(Added to NRS by 2009, 332)
NRS 433A.197 Requirements for and limitations on applications and
certificates.
1. An application
or certificate authorized under subsection 1 of NRS
433A.160 or NRS 433A.170 or 433A.195 must not be considered if made by a
psychiatrist, psychologist or physician who is related by blood or marriage
within the first degree of consanguinity or affinity to the person alleged to
be a person with mental illness, or who is financially interested in the facility
in which the person alleged to be a person with mental illness is to be
detained.
2. An application or certificate of any
examining person authorized under NRS 433A.170
must not be considered unless it is based on personal observation and
examination of the person alleged to be a person with mental illness made by
such examining person not more than 72 hours prior to the making of the
application or certificate. The certificate required pursuant to NRS 433A.170 must set forth in detail the facts and
reasons on which the examining person based his or her opinions and
conclusions.
3. A certificate authorized pursuant to NRS 433A.195 must not be considered unless it is
based on personal observation and examination of the person alleged to be a
person with mental illness made by the examining physician. The certificate
authorized pursuant to NRS 433A.195 must set forth
in detail the facts and reasons on which the examining physician based his or
her opinions and conclusions.
(Added to NRS by 1975, 1603; A 1989, 1550; 2009, 336)—(Substituted
in revision for NRS 433A.180)
Involuntary Court-Ordered Admission
NRS 433A.200 Petition: Filing; certificate or statement of alleged mental
illness; statement of parent consenting to treatment of minor.
1. Except as otherwise provided in NRS 432B.6075, a proceeding for an
involuntary court-ordered admission of any person in the State of Nevada may be
commenced by the filing of a petition for the involuntary admission to a mental
health facility or to a program of community-based or outpatient services with
the clerk of the district court of the county where the person who is to be treated
resides. The petition may be filed by the spouse, parent, adult children or
legal guardian of the person to be treated or by any physician, psychologist,
social worker or registered nurse, by an accredited agent of the Department or
by any officer authorized to make arrests in the State of Nevada. The petition
must be accompanied:
(a) By a certificate of a physician, psychiatrist
or licensed psychologist stating that he or she has examined the person alleged
to be a person with mental illness and has concluded that the person has a
mental illness and, because of that illness, is likely to harm himself or
herself or others if allowed his or her liberty or if not required to
participate in a program of community-based or outpatient services; or
(b) By a sworn written statement by the
petitioner that:
(1) The petitioner has, based upon the
petitioner’s personal observation of the person alleged to be a person with
mental illness, probable cause to believe that the person has a mental illness
and, because of that illness, is likely to harm himself or herself or others if
allowed his or her liberty or if not required to participate in a program of
community-based or outpatient services; and
(2) The person alleged to be a person with
mental illness has refused to submit to examination or treatment by a
physician, psychiatrist or licensed psychologist.
2. Except as otherwise provided in NRS 432B.6075, if the person to be
treated is a minor and the petitioner is a person other than a parent or
guardian of the minor, the petition must, in addition to the certificate or
statement required by subsection 1, include a statement signed by a parent or
guardian of the minor that the parent or guardian does not object to the filing
of the petition.
(Added to NRS by 1975, 1604; A 1985, 54, 2270; 1989, 1551, 1760; 1995, 2413; 2001, 3044; 2005, 1322; 2013, 3489)
NRS 433A.210 Requirements of petition that is filed after emergency
admission. In addition to the
requirements of NRS 433A.200, a petition filed
pursuant to that section with the clerk of the district court to commence
proceedings for involuntary court-ordered admission of a person pursuant to NRS 433A.145 or 433A.150
must include a certified copy of:
1. The application for the emergency
admission of the person made pursuant to NRS 433A.160;
and
2. A petition executed by a psychiatrist,
licensed psychologist or physician, including, without limitation, a sworn
statement that:
(a) He or she has examined the person alleged to
be a person with mental illness;
(b) In his or her opinion, there is a reasonable
degree of certainty that the person alleged to be a person with mental illness
suffers from a mental illness;
(c) Based on his or her personal observation of
the person alleged to be a person with mental illness and other facts set forth
in the petition, the person poses a risk of imminent harm to himself or herself
or others; and
(d) In his or her opinion, involuntary admission
of the person alleged to be a person with mental illness to a mental health
facility or hospital is medically necessary to prevent the person from harming
himself or herself or others.
(Added to NRS by 1975, 1604; A 1985, 2270; 1989, 1551, 1760; 1995, 2414; 2001, 3044)
NRS 433A.220 Hearing on petition; notice; discharge of person before hearing.
1. Immediately after the clerk of the
district court receives any petition filed pursuant to NRS
433A.200 or 433A.210, the clerk shall transmit
the petition to the appropriate district judge, who shall set a time, date and
place for its hearing. The date must be within 5 judicial days after the date
on which the petition is received by the clerk.
2. The court shall give notice of the
petition and of the time, date and place of any proceedings thereon to the
subject of the petition, his or her attorney, if known, the person’s legal
guardian, the petitioner, the district attorney of the county in which the
court has its principal office, the local office of an agency or organization
that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801
et seq., to protect and advocate the rights of persons with mental illness and
the administrative office of any public or private mental health facility in
which the subject of the petition is detained.
3. The provisions of this section do not
preclude a facility from discharging a person before the time set pursuant to
this section for the hearing concerning the person, if appropriate. If the
person has a legal guardian, the facility shall notify the guardian prior to
discharging the person from the facility. The legal guardian has discretion to
determine where the person will be released, taking into consideration any
discharge plan proposed by the facility assessment team. If the legal guardian
does not inform the facility as to where the person will be released within 3
days after the date of notification, the facility shall discharge the person
according to its proposed discharge plan.
(Added to NRS by 1975, 1604; A 1989, 1760; 1993, 2114; 1995, 2414; 1997, 3495; 2001, 3045; 2009, 1667)
NRS 433A.230 Bond of petitioner. The
court in its discretion may require any petitioner under NRS 433A.200, except any duly accredited agent of the
Department or any officer authorized to make arrests in the State of Nevada, to
file an undertaking with surety to be approved by the court in the amount the
court deems proper, conditioned to save harmless the person alleged to be
mentally ill by reason of costs incurred, including attorney fees, if any, and
damages suffered by the person as a result of such action.
(Added to NRS by 1975, 1605)
NRS 433A.240 Examination of person alleged to be mentally ill; protective
custody pending hearing.
1. After the filing of a petition to
commence proceedings for the involuntary court-ordered admission of a person
pursuant to NRS 433A.200 or 433A.210, the court shall promptly cause two or more
physicians or licensed psychologists, one of whom must always be a physician,
to examine the person alleged to be a person with mental illness, or request an
evaluation by an evaluation team from the Division of the person alleged to be
a person with mental illness.
2. To conduct the examination of a person
who is not being detained at a mental health facility or hospital under
emergency admission pursuant to an application made pursuant to NRS 433A.160, the court may order a peace officer to
take the person into protective custody and transport the person to a mental
health facility or hospital where the person may be detained until a hearing is
had upon the petition.
3. If the person is not being detained
under an emergency admission pursuant to an application made pursuant to NRS 433A.160, the person may be allowed to remain in
his or her home or other place of residence pending an ordered examination or
examinations and to return to his or her home or other place of residence upon
completion of the examination or examinations. The person may be accompanied by
one or more of his or her relations or friends to the place of examination.
4. Each physician and licensed
psychologist who examines a person pursuant to subsection 1 shall, in
conducting such an examination, consider the least restrictive treatment
appropriate for the person.
5. Except as otherwise provided in this
subsection, each physician and licensed psychologist who examines a person
pursuant to subsection 1 shall, not later than 48 hours before the hearing set
pursuant to NRS 433A.220, submit to the court in
writing a summary of his or her findings and evaluation regarding the person
alleged to be a person with mental illness. If the person alleged to be a
person with mental illness is admitted under an emergency admission pursuant to
an application made pursuant to NRS 433A.160, the
written findings and evaluation must be submitted to the court not later than
24 hours before the hearing set pursuant to subsection 1 of NRS 433A.220.
(Added to NRS by 1975, 1604; A 1983, 507; 1989, 1760; 1995, 2414; 2001, 3045; 2013, 3490)
NRS 433A.250 Evaluation team: Establishment; composition; fees.
1. The Administrator shall establish such
evaluation teams as are necessary to aid the courts under NRS 433A.240, 433A.310, 433A.315 and 433A.323.
2. Each team must be composed of a
psychiatrist and other persons professionally qualified in the field of
psychiatric mental health who are representative of the Division, selected from
personnel in the Division.
3. Fees for the evaluations must be
established and collected as set forth in NRS
433.414 or 433B.260, as
appropriate.
(Added to NRS by 1975, 1605; A 1983, 507; 1985, 424; 1993, 2722; 2013, 3491)
NRS 433A.260 Proceedings held in county where persons to conduct examination
are available; expense of proceedings paid by county.
1. In counties where the examining
personnel required pursuant to NRS 433A.240 are
not available, proceedings for involuntary court-ordered admission shall be
conducted in the nearest county having such examining personnel available in
order that there be minimum delay.
2. The entire expense of proceedings for
involuntary court-ordered admission shall be paid by the county in which the
application is filed, except that where the person to be admitted last resided
in another county of the state the expense shall be charged to and payable by
such county of residence.
(Added to NRS by 1975, 1605)
NRS 433A.270 Right to counsel; compensation of counsel; recess; continuation
of representation by counsel during involuntary admission; duties of district
attorney.
1. The person alleged to be a person with
mental illness or any relative or friend on the person’s behalf is entitled to
retain counsel to represent the person in any proceeding before the district
court relating to involuntary court-ordered admission, and if he or she fails
or refuses to obtain counsel, the court shall advise the person and the
person’s guardian or next of kin, if known, of such right to counsel and shall
appoint counsel, who may be the public defender or his or her deputy.
2. Any counsel appointed pursuant to
subsection 1 must be awarded compensation by the court for his or her services
in an amount determined by it to be fair and reasonable. The compensation must
be charged against the estate of the person for whom the counsel was appointed
or, if the person is indigent, against the county where the person alleged to
be a person with mental illness last resided.
3. The court shall, at the request of
counsel representing the person alleged to be a person with mental illness in
proceedings before the court relating to involuntary court-ordered admission,
grant a recess in the proceedings for the shortest time possible, but for not
more than 5 days, to give the counsel an opportunity to prepare his or her
case.
4. If the person alleged to be a person
with a mental illness is involuntarily admitted to a program of community-based
or outpatient services, counsel shall continue to represent the person until
the person is released from the program. The court shall serve notice upon such
counsel of any action that is taken involving the person while the person is
admitted to the program of community-based or outpatient services.
5. Each district attorney or his or her
deputy shall appear and represent the State in all involuntary court-ordered
admission proceedings in the district attorney’s county. The district attorney
is responsible for the presentation of evidence, if any, in support of the
involuntary court-ordered admission of a person to a mental health facility or
to a program of community-based or outpatient services in proceedings held
pursuant to NRS 433A.200 or 433A.210.
(Added to NRS by 1975, 1605; A 2001, 3046; 2013, 3491)
NRS 433A.280 Testimony. In
proceedings for involuntary court-ordered admission, the court shall hear and
consider all relevant testimony, including, but not limited to, the testimony
of examining personnel who participated in the evaluation of the person alleged
to be a person with mental illness and the certificates of physicians or
certified psychologists accompanying the petition. The court may consider
testimony relating to any past actions of the person alleged to be a person
with mental illness if such testimony is probative of the question of whether
the person is presently mentally ill and presents a clear and present danger of
harm to himself or herself or others.
(Added to NRS by 1975, 1606; A 1999, 120)
NRS 433A.290 Right of person alleged to be mentally ill to be present and
testify. In proceedings for an
involuntary court-ordered admission, the person with respect to whom the
proceedings are held shall be present and may, at the discretion of the court, testify.
(Added to NRS by 1975, 1606)
NRS 433A.300 Fees and mileage for witnesses. Witnesses
subpoenaed under the provisions of this chapter shall be paid the same fees and
mileage as are paid to witnesses in the courts of the State of Nevada.
(Added to NRS by 1975, 1606)
NRS 433A.310 Findings and order; conditions for admission to program of
community-based or outpatient services; expiration and renewal of admission to
facility or program; alternative courses of treatment; transmittal of record to
Central Repository for Nevada Records of Criminal History.
1. Except as otherwise provided in NRS 432B.6076 and 432B.6077, if the district court finds,
after proceedings for the involuntary court-ordered admission of a person:
(a) That there is not clear and convincing
evidence that the person with respect to whom the hearing was held has a mental
illness or exhibits observable behavior such that the person is likely to harm
himself or herself or others if allowed his or her liberty or if not required
to participate in a program of community-based or outpatient services, the
court shall enter its finding to that effect and the person must not be
involuntarily admitted to a public or private mental health facility or to a
program of community-based or outpatient services.
(b) That there is clear and convincing evidence
that the person with respect to whom the hearing was held has a mental illness
and, because of that illness, is likely to harm himself or herself or others if
allowed his or her liberty or if not required to participate in a program of
community-based or outpatient services, the court may order the involuntary
admission of the person for the most appropriate course of treatment,
including, without limitation, admission to a public or private mental health
facility or participation in a program of community-based or outpatient
services. The order of the court must be interlocutory and must not become
final if, within 30 days after the involuntary admission, the person is
unconditionally released pursuant to NRS 433A.390.
2. A court shall not admit a person to a
program of community-based or outpatient services unless:
(a) A program of community-based or outpatient
services is available in the community in which the person resides or is
otherwise made available to the person;
(b) The person is 18 years of age or older;
(c) The person has a history of noncompliance
with treatment for mental illness;
(d) The person is capable of surviving safely in
the community in which he or she resides with available supervision;
(e) The court determines that, based on the
person’s history of treatment for mental illness, the person needs to be
admitted to a program of community-based or outpatient services to prevent
further disability or deterioration of the person which is likely to result in
harm to himself or herself or others;
(f) The current mental status of the person or
the nature of the person’s illness limits or negates his or her ability to make
an informed decision to seek treatment for mental illness voluntarily or to
comply with recommended treatment for mental illness;
(g) The program of community-based or outpatient
services is the least restrictive treatment which is in the best interest of the
person; and
(h) The court has approved a plan of treatment
developed for the person pursuant to NRS 433A.315.
3. Except as otherwise provided in NRS 432B.608, an involuntary admission
pursuant to paragraph (b) of subsection 1 automatically expires at the end of 6
months if not terminated previously by the medical director of the public or
private mental health facility as provided for in subsection 2 of NRS 433A.390 or by the professional responsible for
providing or coordinating the program of community-based or outpatient services
as provided for in subsection 3 of NRS 433A.390.
Except as otherwise provided in NRS
432B.608, at the end of the court-ordered period of treatment, the
Division, any mental health facility that is not operated by the Division or a
program of community-based or outpatient services may petition to renew the
involuntary admission of the person for additional periods not to exceed 6
months each. For each renewal, the petition must include evidence which meets
the same standard set forth in subsection 1 that was required for the initial
period of admission of the person to a public or private mental health facility
or to a program of community-based or outpatient services.
4. Before issuing an order for involuntary
admission or a renewal thereof, the court shall explore other alternative
courses of treatment within the least restrictive appropriate environment,
including involuntary admission to a program of community-based or outpatient
services, as suggested by the evaluation team who evaluated the person, or
other persons professionally qualified in the field of psychiatric mental
health, which the court believes may be in the best interests of the person.
5. If the court issues an order
involuntarily admitting a person to a public or private mental health facility
or to a program of community-based or outpatient services pursuant to this
section, the court shall, notwithstanding the provisions of NRS 433A.715, cause, on a form prescribed by the
Department of Public Safety, a record of such order to be transmitted to the
Central Repository for Nevada Records of Criminal History, along with a
statement indicating that the record is being transmitted for inclusion in each
appropriate database of the National Instant Criminal Background Check System.
6. As used in this section, “National
Instant Criminal Background Check System” has the meaning ascribed to it in NRS 179A.062.
(Added to NRS by 1975, 1606; A 1981, 1134; 1983, 508;
1989, 1761;
1993, 2115;
2001, 3046;
2005, 1323;
2009, 2491;
2013, 3492)
NRS 433A.315 Development of written plan for course of treatment and program
of community-based or outpatient services. If
a court determines pursuant to NRS 433A.310 that a
person should be involuntarily admitted to a program of community-based or
outpatient services, the court shall promptly cause two or more persons
professionally qualified in the field of psychiatric mental health, which may
include the person who filed the petition for involuntary court-ordered
admission pursuant to NRS 433A.200 if he or she is
so qualified, in consultation with the person to be involuntarily admitted, to
develop and submit to the court a written plan prescribing a course of
treatment and enumerating the program of community-based or outpatient services
for the person. The plan must include, without limitation:
1. A description of the types of services
in which the person will participate;
2. The medications, if any, which the
person must take and the manner in which those medications will be
administered;
3. The name of the person professionally
qualified in the field of psychiatric mental health who is responsible for providing
or coordinating the program of community-based or outpatient services; and
4. Any other requirements which the court
deems necessary.
(Added to NRS by 2013, 3486)
NRS 433A.320 Clinical abstract to accompany order. The
order for involuntary court admission of any person to a public or private
mental health facility or to a program of community-based or outpatient
services must be accompanied by a clinical abstract, including a history of
illness, diagnosis, treatment and the names of relatives or correspondents.
(Added to NRS by 1975, 1607; A 2013, 3493)
NRS 433A.323 Failure to participate in program or carry out plan of
treatment: Petition and order to take person into custody; evaluation.
1. When a person who is involuntarily
admitted to a program of community-based or outpatient services fails to participate
in the program or otherwise fails to carry out the plan of treatment developed
pursuant to NRS 433A.315, despite efforts by the
professional responsible for providing or coordinating the program of
community-based or outpatient services for the person to solicit the person’s
compliance, the professional may petition the court to issue an order requiring
a peace officer to take into custody and deliver the person to the appropriate location
for an evaluation by an evaluation team from the Division pursuant to NRS 433A.240. The petition must be accompanied by:
(a) A copy of the order for involuntary
admission;
(b) A copy of the plan of treatment submitted to
the court pursuant to NRS 433A.315;
(c) A list that sets forth the specific
provisions of the plan of treatment which the person has failed to carry out;
and
(d) A statement by the petitioner which explains
how the person’s failure to participate in the program of community-based or
outpatient services or failure to carry out the plan of treatment will likely
cause the person to harm himself or herself or others.
2. If the court determines that there is
probable cause to believe that the person is likely to harm himself or herself
or others if the person does not comply with the plan of treatment, the court
may issue an order requiring a peace officer to take into custody and deliver
the person to an appropriate location for an evaluation by an evaluation team
from the Division pursuant to NRS 433A.240.
3. As used in this section, “appropriate
location” does not include a jail or prison.
(Added to NRS by 2013, 3486)
NRS 433A.327 Conditional release of person in program: When allowed; no
liability of State; notice to court, district attorney and legal guardian;
order to resume participation in program; judicial review of order to resume
participation in program.
1. Except as otherwise provided in
subsection 3, any person involuntarily admitted to a program of community-based
or outpatient services may be conditionally released from the program when, in
the judgment of the professional responsible for providing or coordinating the
program of community-based or outpatient services, the person does not present
a danger of harm to himself or herself or others. The professional responsible
for providing or coordinating the program of community-based or outpatient
services shall prescribe the period for which the conditional release is
effective. The period must not extend beyond the last day of the court-ordered
period of admission to a program of community-based or outpatient services
pursuant to NRS 433A.310.
2. When a person is conditionally released
pursuant to subsection 1, the State of Nevada, the agents and employees of the
State or a mental health facility, the professionals responsible for providing
or coordinating programs of community-based or outpatient services and any
other professionals providing mental health services are not liable for any
debts or contractual obligations incurred, medical or otherwise, or damages
caused by the actions of the person who is released.
3. A person who is involuntarily admitted
to a program of community-based or outpatient services may be conditionally
released only if, at the time of the release, written notice is given to the
court which ordered the person to participate in the program, to the attorney
of the person and to the district attorney of the county in which the
proceedings for admission were held.
4. Except as otherwise provided in
subsection 6, the professional responsible for providing or coordinating the
program of community-based or outpatient services shall order a person who is
conditionally released pursuant to subsection 1 to resume participation in the
program if the professional determines that the conditional release is no
longer appropriate because that person presents a clear and present danger of
harm to himself or herself or others. Except as otherwise provided in this
subsection, the professional responsible for providing or coordinating the
program of community-based or outpatient services shall, at least 3 days before
the issuance of the order to resume participation, give written notice of the
order to the court that admitted the person to the program. If an emergency
exists in which the person presents an imminent threat of danger of harm to
himself or herself or others, the order must be submitted to the court not
later than 1 business day after the order is issued.
5. The court shall review an order
submitted pursuant to subsection 4 and the current condition of the person who
was ordered to resume participation in a program of community-based or
outpatient services at the next regularly scheduled hearing for the review of
petitions for involuntary admissions, but in no event later than 5 judicial
days after participation in the program is resumed. The court shall serve
notice on the person who was ordered to resume participation in the program and
to his or her attorney of the time, date and place of the hearing and of the
facts necessitating that the person resume participation in the program.
6. The provisions of subsection 4 do not
apply if the period of conditional release has expired.
(Added to NRS by 2013, 3487)
NRS 433A.330 Transportation to facility.
1. When an involuntary court admission to
a mental health facility is ordered under the provisions of this chapter, the
involuntarily admitted person, together with the court orders and certificates
of the physicians, certified psychologists or evaluation team and a full and
complete transcript of the notes of the official reporter made at the
examination of such person before the court, must be delivered to the sheriff
of the county who shall:
(a) Transport the person; or
(b) Arrange for the person to be transported by:
(1) A system for the nonemergency medical
transportation of persons whose operation is authorized by the Nevada
Transportation Authority; or
(2) If medically necessary, an ambulance
service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,
Ê to the
appropriate public or private mental health facility.
2. No person with mental illness may be
transported to the mental health facility without at least one attendant of the
same sex or a relative in the first degree of consanguinity or affinity being
in attendance.
(Added to NRS by 1975, 1607; A 2001, 1018; 2013, 3493)
HOSPITALIZATION
NRS 433A.350 Information to be furnished to consumer upon admission to
facility or program.
1. Upon admission to any public or private
mental health facility or to a program of community-based or outpatient
services, each consumer and the consumer’s spouse and legal guardian, if any,
must receive a written statement outlining in simple, nontechnical language all
procedures for release provided by this chapter, setting out all rights
accorded to such a consumer by this chapter and chapters
433 and 433B of NRS and, if the
consumer has no legal guardian, describing procedures provided by law for
adjudication of incompetency and appointment of a guardian for the consumer.
2. Written information regarding the
services provided by and means of contacting the local office of an agency or
organization that receives money from the Federal Government pursuant to 42
U.S.C. §§ 10801 et seq., to protect and advocate the rights of persons with
mental illnesses must be posted in each public and private mental health
facility and in each location in which a program of community-based or
outpatient services is provided and must be provided to each consumer upon
admission.
(Added to NRS by 1975, 1610; A 1993, 2115, 2722; 1995, 676; 2011, 427; 2013, 3494)
NRS 433A.360 Clinical records: Contents; confidentiality.
1. A clinical record for each consumer
must be diligently maintained by any division facility, private institution,
facility offering mental health services or program of community-based or
outpatient services. The record must include information pertaining to the
consumer’s admission, legal status, treatment and individualized plan for
habilitation. The clinical record is not a public record and no part of it may
be released, except:
(a) If the release is authorized or required
pursuant to NRS 439.538.
(b) The record must be released to physicians,
attorneys and social agencies as specifically authorized in writing by the
consumer, the consumer’s parent, guardian or attorney.
(c) The record must be released to persons
authorized by the order of a court of competent jurisdiction.
(d) The record or any part thereof may be
disclosed to a qualified member of the staff of a division facility, an
employee of the Division or a member of the staff of an agency in Nevada which
has been established pursuant to the Developmental Disabilities Assistance and
Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq., or the Protection and
Advocacy for Mentally Ill Individuals Act of 1986, 42 U.S.C. §§ 10801 et seq.,
when the Administrator deems it necessary for the proper care of the consumer.
(e) Information from the clinical records may be
used for statistical and evaluative purposes if the information is abstracted in
such a way as to protect the identity of individual consumers.
(f) To the extent necessary for a consumer to
make a claim, or for a claim to be made on behalf of a consumer for aid,
insurance or medical assistance to which the consumer may be entitled,
information from the records may be released with the written authorization of
the consumer or the consumer’s guardian.
(g) The record must be released without charge to
any member of the staff of an agency in Nevada which has been established
pursuant to 42 U.S.C. §§ 15001 et seq. or 42 U.S.C. §§ 10801 et seq. if:
(1) The consumer is a consumer of that
office and the consumer or the consumer’s legal representative or guardian
authorizes the release of the record; or
(2) A complaint regarding a consumer was
received by the office or there is probable cause to believe that the consumer
has been abused or neglected and the consumer:
(I) Is unable to authorize the
release of the record because of the consumer’s mental or physical condition;
and
(II) Does not have a guardian or
other legal representative or is a ward of the State.
(h) The record must be released as provided in NRS 433.332 or 433B.200 and in chapter 629 of NRS.
2. As used in this section, “consumer”
includes any person who seeks, on the person’s own or others’ initiative, and
can benefit from, care, treatment and training in a private institution or
facility offering mental health services, from treatment to competency in a
private institution or facility offering mental health services, or from a
program of community-based or outpatient services.
(Added to NRS by 1975, 1611; A 1987, 746, 1197; 1989, 2056; 1991, 2351; 1993, 2722; 2003, 1945; 2007, 1981; 2011, 428; 2013, 3494)
NRS 433A.370 Escape or absence without leave.
1. When a consumer committed by a court to
a division facility on or before June 30, 1975, or a consumer who is judicially
admitted on or after July 1, 1975, or a person who is involuntarily detained
pursuant to NRS 433A.145 to 433A.300, inclusive, escapes from any division
facility, or when a judicially admitted consumer has not returned to a division
facility from conditional release after the administrative officer of the
facility has ordered the consumer to do so, any peace officer shall, upon written
request of the administrative officer or the administrative officer’s designee
and without the necessity of a warrant or court order, apprehend, take into
custody and deliver the person to such division facility or another state
facility.
2. Any person appointed or designated by
the Director of the Department to take into custody and transport to a division
facility persons who have escaped or failed to return as described in
subsection 1 may participate in the apprehension and delivery of any such person,
but may not take the person into custody without a warrant.
(Added to NRS by 1975, 1609; A 1999, 867; 2001, 3047; 2011, 429)
NRS 433A.380 Conditional release: No liability of State; restoration of
rights; notice to court, district attorney and legal guardian; order to return
to facility; judicial review of order to return to facility.
1. Except as otherwise provided in
subsection 4, any person involuntarily admitted by a court may be conditionally
released from a public or private mental health facility when, in the judgment
of the medical director of the facility, the conditional release is in the best
interest of the person and will not be detrimental to the public welfare. The
medical director of the facility or the medical director’s designee shall
prescribe the period for which the conditional release is effective. The period
must not extend beyond the last day of the court-ordered period of treatment
pursuant to NRS 433A.310. If the person has a
legal guardian, the facility shall notify the guardian before discharging the
person from the facility. The legal guardian has discretion to determine where
the person will be released, taking into consideration any discharge plan
proposed by the facility assessment team. If the legal guardian does not inform
the facility as to where the person will be released within 3 days after the
date of notification, the facility shall discharge the person according to its
proposed discharge plan.
2. When a person is conditionally released
pursuant to subsection 1, the State or any of its agents or employees are not
liable for any debts or contractual obligations, medical or otherwise, incurred
or damages caused by the actions of the person.
3. When a person who has been adjudicated
by a court to be incompetent is conditionally released from a mental health
facility, the administrative officer of the mental health facility shall
petition the court for restoration of full civil and legal rights as deemed
necessary to facilitate the incompetent person’s rehabilitation. If the person
has a legal guardian, the petition must be filed with the court having
jurisdiction over the guardianship.
4. A person who was involuntarily admitted
by a court because he or she was likely to harm others if allowed to remain at
liberty may be conditionally released only if, at the time of the release,
written notice is given to the court which admitted him or her, to the person’s
legal guardian and to the district attorney of the county in which the
proceedings for admission were held.
5. Except as otherwise provided in
subsection 7, the administrative officer of a public or private mental health
facility or the administrative officer’s designee shall order a person who is
conditionally released from that facility pursuant to this section to return to
the facility if a psychiatrist and a member of that person’s treatment team who
is professionally qualified in the field of psychiatric mental health
determine, pursuant to NRS 433A.115, that the
conditional release is no longer appropriate because that person presents a
clear and present danger of harm to himself or herself or others. Except as
otherwise provided in this subsection, the administrative officer or the
designee shall, at least 3 days before the issuance of the order to return,
give written notice of the order to the court that admitted the person to the
facility and to the person’s legal guardian. If an emergency exists in which
the person presents an imminent threat of danger of harm to himself or herself
or others, the order must be submitted to the court and the legal guardian not
later than 1 business day after the order is issued.
6. The court shall review an order
submitted pursuant to subsection 5 and the current condition of the person who
was ordered to return to the facility at its next regularly scheduled hearing
for the review of petitions for involuntary court-ordered admissions, but in no
event later than 5 judicial days after the person is returned to the facility.
The administrative officer or the administrative officer’s designee shall give
written notice to the person who was ordered to return to the facility, to the
person’s legal guardian and to the person’s attorney, if known, of the time,
date and place of the hearing and of the facts necessitating that person’s
return to the facility.
7. The provisions of subsection 5 do not
apply if the period of conditional release has expired.
(Added to NRS by 1975, 1608; A 1981, 1661; 1999, 867; 2009, 1667)
NRS 433A.390 Release without further order of court at end of period
specified; unconditional early release; notice to court and legal guardian.
1. When a consumer, involuntarily admitted
to a mental health facility or to a program of community-based or outpatient services
by court order, is released at the end of the period specified pursuant to NRS 433A.310, written notice must be given to the
admitting court and to the consumer’s legal guardian at least 10 days before
the release of the consumer. The consumer may then be released without
requiring further orders of the court. If the consumer has a legal guardian,
the facility or the professional responsible for providing or coordinating the
program of community-based or outpatient services shall notify the guardian
before discharging the consumer from the facility or program. The legal
guardian has discretion to determine where the consumer will be released,
taking into consideration any discharge plan proposed by the facility
assessment team or the professional responsible for providing or coordinating
the program of community-based or outpatient services. If the legal guardian
does not inform the facility or professional as to where the consumer will be
released within 3 days after the date of notification, the facility or
professional shall discharge the consumer according to its proposed discharge
plan.
2. A consumer who is involuntarily
admitted to a mental health facility may be unconditionally released before the
period specified in NRS 433A.310 when:
(a) An evaluation team established under NRS 433A.250 or two persons professionally qualified
in the field of psychiatric mental health, at least one of them being a
physician, determines that the consumer has recovered from his or her mental
illness or has improved to such an extent that the consumer is no longer
considered to present a clear and present danger of harm to himself or herself
or others; and
(b) Under advisement from the evaluation team or
two persons professionally qualified in the field of psychiatric mental health,
at least one of them being a physician, the medical director of the mental
health facility authorizes the release and gives written notice to the
admitting court and to the consumer’s legal guardian at least 10 days before
the release of the consumer. If the consumer has a legal guardian, the facility
shall notify the guardian before discharging the consumer from the facility.
The legal guardian has discretion to determine where the consumer will be
released, taking into consideration any discharge plan proposed by the facility
assessment team. If the legal guardian does not inform the facility as to where
the consumer will be released within 3 days after the date of notification, the
facility shall discharge the consumer according to its proposed discharge plan.
3. A consumer who is involuntarily
admitted to a program of community-based or outpatient services may be
unconditionally released before the period specified in NRS
433A.310 when:
(a) The professional responsible for providing or
coordinating the program of community-based or outpatient services for the
consumer determines that the consumer has recovered from his or her mental
illness or has improved to such an extent that the consumer is no longer
considered to present a clear and present danger of harm to himself or herself
or others; and
(b) Under advisement from an evaluation team
established under NRS 433A.250 or two persons
professionally qualified in the field of psychiatric mental health, at least
one of them being a physician, the professional responsible for providing or
coordinating the program of community-based or outpatient services for the
consumer authorizes the release and gives written notice to the admitting court
at least 10 days before the release of the consumer from the program.
(Added to NRS by 1975, 1607; A 1983, 508; 1989, 1762; 1997, 3496; 1999, 868; 2009, 1668;
2011, 429;
2013, 3495)
NRS 433A.400 Return of indigent to county of last residence or county where
involuntarily admitted; notice.
1. An indigent resident of this state
discharged as having recovered from his or her mental illness, but having a
residual medical or surgical disability which prevents him or her from
obtaining or holding remunerative employment, must be returned to the county of
his or her last residence, except as otherwise provided pursuant to subsection
2. A nonresident indigent with such disabilities must be returned to the county
from which he or she was involuntarily court-admitted, except as otherwise
provided in subsection 2. The administrative officer of the mental health
facility shall first give notice in writing, not less than 10 days before
discharge, to the board of county commissioners of the county to which the
person will be returned and to the person’s legal guardian.
2. Delivery of the indigent person must be
made to an individual or agency authorized to provide further care. If the
person has a legal guardian, the facility shall notify the guardian before
discharging the person from the facility. The legal guardian has discretion to
determine where the person will be released, taking into consideration any
discharge plan proposed by the facility assessment team. If the legal guardian
does not inform the facility as to where the person will be released within 3
days after the date of notification, the facility shall discharge the person
according to its proposed discharge plan.
3. This section does not authorize the
release of any person held upon an order of a court or judge having criminal
jurisdiction arising out of a criminal offense.
(Added to NRS by 1975, 1607; A 2009, 1669)
NRS 433A.420 Transfer to hospital of Department of Veterans Affairs or other
facility; duties of medical director and Commission upon objection of consumer. The medical director of a division facility
may order the transfer to a hospital of the Department of Veterans Affairs or
other facility of the United States Government any admitted consumer eligible
for treatment therein. If the consumer in any manner objects to the transfer,
the medical director of the facility shall enter the objection and a written
justification of the transfer in the consumer’s record and forward a notice of
the objection to the Administrator, and the Commission shall review the
transfer pursuant to subsections 2 and 3 of NRS
433.534.
(Added to NRS by 1975, 1611; A 1981, 894; 1985, 2271; 1995, 1092; 2011, 430)
NRS 433A.430 Transfer to facility in other state: Examination; contract;
objection to transfer; fee for examination.
1. Whenever the Administrator determines
that division facilities within the State are inadequate for the care of any
person with mental illness, the Administrator may designate two physicians,
licensed under the provisions of chapter 630
or 633 of NRS, and familiar with the field of
psychiatry, to examine that person. If the two physicians concur with the
opinion of the Administrator, the Administrator may contract with appropriate
corresponding authorities in any other state of the United States having
adequate facilities for such purposes for the reception, detention, care or
treatment of that person, but if the person in any manner objects to the
transfer, the procedures in subsection 3 of NRS
433.484 and subsections 2 and 3 of NRS
433.534 must be followed. The two physicians so designated are entitled to
a reasonable fee for their services which must be paid by the county of the
person’s last known residence.
2. Money to carry out the provisions of
this section must be provided by direct legislative appropriation.
(Added to NRS by 1975, 1609; A 1981, 895, 1527; 1999, 1826; 2003, 1177)
NRS 433A.440 Transfer of nonresident to state of residence.
1. If any person involuntarily
court-admitted to any division facility pursuant to NRS
433A.310 is found by the court not to be a resident of this State and to be
a resident of another state, the person may be transferred to the state of his
or her residence pursuant to NRS 433.444
if an appropriate institution of that state is willing to accept the person.
2. The approval of the Administrator of
the Division of Public and Behavioral Health of the Department must be obtained
before any transfer is made pursuant to subsection 1.
(Added to NRS by 1975, 1607; A 1993, 2723; 1999, 102)
NRS 433A.450 Detention and treatment of offender with mental illness. When a psychiatrist and one other person
professionally qualified in the field of psychiatric mental health determines
that an offender confined in an institution of the Department of Corrections is
a person with mental illness, the Director of the Department of Corrections
shall apply to the Administrator for the offender’s detention and treatment at
a division facility selected by the Administrator. If the Administrator
determines that adequate security or treatment is not available in a division
facility, the Administrator shall provide, within the resources available to
the Division and as the Administrator deems necessary, consultation and other
appropriate services for the offender at the place where the offender is
confined. It is the Director’s decision whether to accept such services.
(Added to NRS by 1975, 1609; A 1977, 871; 1983, 509; 2001, 240)
NRS 433A.460 Legal capacity of person admitted to facility or program
unimpaired unless adjudicated incompetent. No
person admitted to a public or private mental health facility or to a program
of community-based or outpatient services pursuant to this chapter shall, by
reason of such admission, be denied the right to dispose of property, marry,
execute instruments, make purchases, enter into contractual relationships, vote
and hold a driver’s license, unless such person has been specifically
adjudicated incompetent by a court of competent jurisdiction and has not been
restored to legal capacity.
(Added to NRS by 1975, 1610; A 2013, 3496)
NRS 433A.470 Guardian may be appointed for person adjudicated incompetent. A person adjudicated by a court to be a person
with mental incompetence who is admitted to a public or private mental health
facility may have a guardian appointed either by the admitting court or by the
district court of the county wherein the mental health facility is located, on
the application of any interested person or, in the case of an indigent, on the
application of the district attorney of the county wherein the mental health
facility is located. The provisions of chapter
159 of NRS shall govern the appointment and administration of guardianships
created pursuant to this chapter.
(Added to NRS by 1975, 1610)
NRS 433A.480 Evaluation of person adjudicated incompetent; initiation of
action for restoration to legal capacity.
1. The medical director of a division
mental health facility shall have all persons adjudicated as persons with
mental incompetence of that facility automatically evaluated no less than once
every 6 months to determine whether or not there is sufficient cause to believe
that the consumer remains unable to exercise rights to dispose of property,
marry, execute instruments, make purchases, enter into contractual
relationships, vote or hold a driver’s license.
2. If the medical director has sufficient
reason to believe that the consumer remains unable to exercise these rights,
such information shall be documented in the consumer’s treatment record.
3. If there is no such reason to believe
the consumer is unable to exercise these rights, the medical director shall
immediately initiate proper action to cause to have the consumer restored to
legal capacity.
(Added to NRS by 1975, 1610; A 2011, 430)
NRS 433A.490 Restoration of legal capacity of person previously adjudicated
incompetent. Any person in the
State of Nevada who, by reason of a judicial decree ordering the person’s
hospitalization entered prior to July 1, 1975, is considered to be mentally
incompetent and is denied the right to dispose of property, marry, execute
instruments, make purchases, enter into contractual relationships, vote or hold
a driver’s license solely by reason of such decree shall, upon the expiration
of the 6-month period immediately following such date, be deemed to have been
restored to legal capacity unless, within such 6-month period, affirmative
action is commenced to have the person adjudicated mentally incompetent by a
court of competent jurisdiction.
(Added to NRS by 1975, 1610)
PAYMENT OF COSTS OF HOSPITALIZATION AND TREATMENT
NRS 433A.580 Arrangements for payment of costs required. No person may be admitted to a private
hospital, a division mental health facility or a program of community-based or
outpatient services pursuant to the provisions of this chapter unless mutually
agreeable financial arrangements relating to the costs of treatment are made
between the private hospital, division facility or professional responsible for
providing or coordinating a program of community-based or outpatient services
and the consumer or person requesting his or her admission.
(Added to NRS by 1975, 1614; A 2011, 430; 2013, 3496)
NRS 433A.590 Schedule of fees.
1. Fees for the cost of treatment and
services rendered through any division facility must be established pursuant to
the fee schedule established under NRS
433.404 or 433B.250, as
appropriate.
2. The maximum fee established by the
schedule must approximate the actual cost per consumer for the class of
consumer care provided.
3. The fee schedule must allow for a
consumer to pay a portion of the actual cost if it is determined that the
consumer and his or her responsible relatives pursuant to NRS 433A.610 are unable to pay the full amount. That
determination must be made pursuant to NRS 433A.640
and 433A.650.
4. Any reduction pursuant to subsection 3
of the amount owed must not be calculated until all of the benefits available
to the consumer from third-party sources, other than Medicaid, have been
applied to pay the actual cost for the care provided.
(Added to NRS by 1975, 1614; A 1993, 1239, 2723; 2011, 430)
NRS 433A.600 Charges to nonindigent persons admitted to facility or program
and responsible relative; recovery by civil action; disposition of receipts.
1. A person who is admitted to a division
facility or to a program of community-based or outpatient services operated by
the Division and not determined to be indigent and every responsible relative
pursuant to NRS 433A.610 of the person shall be
charged for the cost of treatment and is liable for that cost. If after demand
is made for payment the person or his or her responsible relative fails to pay
that cost, the administrative officer or professional responsible for providing
or coordinating the program of community-based or outpatient services, as
applicable, may recover the amount due by civil action.
2. All sums received pursuant to
subsection 1 must be deposited in the State Treasury and may be expended by the
Division for the support of that facility or program in accordance with the
allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
(Added to NRS by 1975, 1615; A 1985, 2272; 1993, 1240; 2013, 3496)
NRS 433A.610 Liability of certain relatives and estate of person admitted to
facility for payment of costs; recovery by legal action.
1. When a person is admitted to a division
facility or hospital under one of the various forms of admission prescribed by
law, the parent or legal guardian of a person with mental illness who is a
minor or the husband or wife of a person with mental illness, if of sufficient
ability, and the estate of the person with mental illness, if the estate is
sufficient for the purpose, shall pay the cost of the maintenance for the
person with mental illness, including treatment and surgical operations, in any
hospital in which the person is hospitalized under the provisions of this
chapter:
(a) To the administrative officer if the person
is admitted to a division facility; or
(b) In all other cases, to the hospital rendering
the service.
2. If a person or an estate liable for the
care, maintenance and support of a committed person neglects or refuses to pay
the administrative officer or the hospital rendering the service, the State is
entitled to recover, by appropriate legal action, all money owed to a division
facility or which the State has paid to a hospital for the care of a committed
person, plus interest at the rate established pursuant to NRS 99.040.
(Added to NRS by 1975, 1614; A 1987, 1446; 1993, 1240)
NRS 433A.620 Limitation on payment from estate of person admitted to
facility. Payment for the care,
support, maintenance and other expenses of a person admitted to a division
mental health facility shall not be exacted from such person’s estate if there
is a likelihood of such person’s recovery or release from such facility and
payment will reduce the person’s estate to such an extent that he or she is
likely to become a burden on the community in the event of his or her discharge
from such facility.
(Added to NRS by 1975, 1615)
NRS 433A.630 Special agreement for support of consumer adjudicated
incompetent; advance payments.
1. The administrative officers of the
respective division facilities may enter into special agreements secured by
properly executed bonds with the relatives, guardians or friends of consumers
who are adjudicated to be consumers with mental incompetence for subsistence,
care or other expenses of such consumers. Each agreement and bond must be to
the State of Nevada and any action to enforce the agreement or bond may be
brought by the administrative officer.
2. Financially responsible relatives
pursuant to NRS 433A.610 and the guardian of the
estate of a consumer may, from time to time, pay money to the division facility
for the future personal needs of the consumer with mental incompetence and for
the consumer’s burial expenses. Money paid pursuant to this subsection must be
credited to the consumer in the consumers’ personal deposit fund established
pursuant to NRS 433.539.
(Added to NRS by 1975, 1615; A 1993, 1240; 2011, 430)
NRS 433A.640 Parties responsible for payment of charges after court-ordered
admission; investigation of ability to pay.
1. Once a court has ordered the admission
of a person to a division facility, the administrative officer shall make an
investigation, pursuant to the provisions of this chapter, to determine whether
the person or his or her responsible relatives pursuant to NRS 433A.610 are capable of paying for all or a
portion of the costs that will be incurred during the period of admission.
2. If a person is admitted to a division
facility or program of community-based or outpatient services pursuant to a
court order, that person and his or her responsible relatives are responsible
for the payment of the actual cost of the treatment and services rendered
during his or her admission to the division facility or program unless the
investigation reveals that the person and his or her responsible relatives are
not capable of paying the full amount of the costs.
3. Once a court has ordered the admission
of a person to a program of community-based or outpatient services operated by
the Division, the professional responsible for providing or coordinating the
program shall make an investigation, pursuant to the provisions of this
chapter, to determine whether the person or his or her responsible relatives
pursuant to NRS 433A.610 are capable of paying for
all or a portion of the costs that will be incurred during the period of
admission.
(Added to NRS by 1975, 1614; A 1993, 1241; 2013, 3497)
NRS 433A.650 Benefits available from third party. Determination
of ability to pay pursuant to NRS 433A.640 shall
include investigation of whether the consumer has benefits due and owing to the
consumer for the cost of his or her treatment from third-party sources, such as
Medicare, Medicaid, social security, medical insurance benefits, retirement
programs, annuity plans, government benefits or any other financially
responsible third parties. The administrative officer of a division mental
health facility or professional responsible for providing or coordinating a
program of community-based or outpatient services may accept payment for the cost
of a consumer’s treatment from the consumer’s insurance company, Medicare or
Medicaid and other similar third parties.
(Added to NRS by 1975, 1614; A 2011, 431; 2013, 3497)
NRS 433A.660 Collection of fees by legal action and other methods.
1. If the consumer, his or her responsible
relative pursuant to NRS 433A.610, guardian or the
estate neglects or refuses to pay the cost of treatment to the division
facility or to the program of community-based or outpatient services operated
by the Division rendering service pursuant to the fee schedule established
under NRS 433.404 or 433B.250, as appropriate, the State is
entitled to recover by appropriate legal action all sums due, plus interest.
2. Before initiating such legal action,
the division facility or program, as applicable, shall demonstrate efforts at
collection, which may include contractual arrangements for collection through a
private collection agency.
(Added to NRS by 1975, 1615; A 1993, 1241, 2723; 2011, 431; 2013, 3497)
NRS 433A.680 Payment of costs of medical services rendered by person not on
staff of facility of Division. The
expense of diagnostic, medical and surgical services furnished to a consumer
admitted to a division facility by a person not on the staff of the facility,
whether rendered while the consumer is in a general hospital, an outpatient of
a general hospital or treated outside any hospital, must be paid by the
consumer, the guardian or relatives responsible pursuant to NRS 433A.610 for the consumer’s care. In the case of
an indigent consumer or a consumer whose estate is inadequate to pay the
expenses, the expenses must be charged to the county from which the admission
to the division facility was made, if the consumer had, before admission, been
a resident of that county. The expense of such diagnostic, medical and surgical
services must not in any case be a charge against or paid by the State of
Nevada, except when in the opinion of the administrative officer of the
division mental health facility to which the consumer is admitted payment
should be made for nonresident indigent consumers and money is authorized
pursuant to NRS 433.374 or 433B.230 and the money is authorized in
approved budgets.
(Added to NRS by 1975, 1617; A 1993, 1241, 1972, 2724; 1995, 664; 2011, 431)
NRS 433A.690 Claim against estate of deceased consumer. Claims by a division mental health facility
against the estates of deceased consumers may be presented to the executor or
Administrator in the manner required by law, and shall be paid as preferred
claims equal to claims for expenses of last illness. When a deceased person has
been maintained at a division mental health facility at a rate less than the
maximum usually charged, or the facility has incurred other expenses for the
benefit of the person for which full payment has not been made, the estate of
the person shall be liable if the estate is discovered within 5 years after the
person’s death.
(Added to NRS by 1975, 1617; A 2011, 432)
MISCELLANEOUS PROVISIONS
NRS 433A.715 Court required to seal records of admission and treatment;
petition to inspect records after sealing; admission to hospital, facility or
program deemed to have never occurred after sealing.
1. A court shall seal all court records
relating to the admission and treatment of any person who was admitted,
voluntarily or as the result of a noncriminal proceeding, to a public or
private hospital, a mental health facility or a program of community-based or
outpatient services in this State for the purpose of obtaining mental health
treatment.
2. Except as otherwise provided in
subsections 4 and 5, a person or governmental entity that wishes to inspect
records that are sealed pursuant to this section must file a petition with the
court that sealed the records. Upon the filing of a petition, the court shall
fix a time for a hearing on the matter. The petitioner must provide notice of
the hearing and a copy of the petition to the person who is the subject of the
records. If the person who is the subject of the records wishes to oppose the
petition, the person must appear before the court at the hearing. If the person
appears before the court at the hearing, the court must provide the person an
opportunity to be heard on the matter.
3. After the hearing described in
subsection 2, the court may order the inspection of records that are sealed
pursuant to this section if:
(a) A law enforcement agency must obtain or
maintain information concerning persons who have been admitted to a public or
private hospital, a mental health facility or a program of community-based or
outpatient services in this State pursuant to state or federal law;
(b) A prosecuting attorney or an attorney who is
representing the person who is the subject of the records in a criminal action
requests to inspect the records; or
(c) The person who is the subject of the records
petitions the court to permit the inspection of the records by a person named
in the petition.
4. A governmental entity is entitled to
inspect court records that are sealed pursuant to this section without
following the procedure described in subsection 2 if:
(a) The governmental entity has made a
conditional offer of employment to the person who is the subject of the
records;
(b) The position of employment conditionally
offered to the person concerns public safety, including, without limitation,
employment as a firefighter or peace officer;
(c) The governmental entity is required by law,
rule, regulation or policy to obtain the mental health records of each
individual conditionally offered the position of employment; and
(d) An authorized representative of the
governmental entity presents to the court a written authorization signed by the
person who is the subject of the records and notarized by a notary public or
judicial officer in which the person who is the subject of the records consents
to the inspection of the records.
5. Upon its own order, any court of this
State may inspect court records that are sealed pursuant to this section
without following the procedure described in subsection 2 if the records are
necessary and relevant for the disposition of a matter pending before the
court. The court may allow a party in the matter to inspect the records without
following the procedure described in subsection 2 if the court deems such
inspection necessary and appropriate.
6. Following the sealing of records
pursuant to this section, the admission of the person who is the subject of the
records to the public or private hospital, mental health facility or program of
community-based or outpatient services, is deemed never to have occurred, and
the person may answer accordingly any question related to its occurrence,
except in connection with:
(a) An application for a permit to carry a
concealed firearm pursuant to the provisions of NRS 202.3653 to 202.369, inclusive;
(b) A transfer of a firearm; or
(c) An application for a position of employment
described in subsection 4.
7. As used in this section:
(a) “Firefighter” means a person who is a
salaried employee of a fire-fighting agency and whose principal duties are to
control, extinguish, prevent and suppress fires. As used in this paragraph,
“fire-fighting agency” means a public fire department, fire protection district
or other agency of this State or a political subdivision of this State, the
primary functions of which are to control, extinguish, prevent and suppress
fires.
(b) “Peace officer” has the meaning ascribed to
it in NRS 289.010.
(c) “Seal” means placing records in a separate
file or other repository not accessible to the general public.
(Added to NRS by 2007, 1521; A 2013, 3498)
CRIMES AND PENALTIES
NRS 433A.740 Liability of public officer or employee. Any public officer or employee who transports
or delivers or assists in transporting or delivering or detains or assists in
detaining any person pursuant to the provisions of this chapter shall not be
rendered civilly or criminally liable thereby unless it is shown that such
officer or employee acted maliciously or in bad faith or that his or her
negligence resulted in bodily harm to such person.
(Added to NRS by 1975, 1609)
NRS 433A.750 Unlawful acts; penalties.
1. A person who:
(a) Without probable cause for believing a person
to be mentally ill causes or conspires with or assists another to cause the
involuntary court-ordered admission of the person under this chapter; or
(b) Causes or conspires with or assists another
to cause the denial to any person of any right accorded to the person under
this chapter,
Ê is guilty of
a category D felony and shall be punished as provided in NRS 193.130.
2. Unless a greater penalty is provided in
subsection 1, a person who knowingly and willfully violates any provision of
this chapter regarding the admission of a person to, or discharge of a person
from, a public or private mental health facility or a program of
community-based or outpatient services is guilty of a gross misdemeanor.
3. A person who, without probable cause
for believing another person to be mentally ill, executes a petition,
application or certificate pursuant to this chapter, by which the person
secures or attempts to secure the apprehension, hospitalization, detention,
admission or restraint of the person alleged to be mentally ill, or any
physician, psychiatrist, licensed psychologist or other person professionally
qualified in the field of psychiatric mental health who knowingly makes any
false certificate or application pursuant to this chapter as to the mental
condition of any person is guilty of a category D felony and shall be punished
as provided in NRS 193.130.
(Added to NRS by 1975, 1608; A 1989, 1552; 1993, 2116; 1995, 1277; 2013, 3499)