[Rev. 11/21/2013 11:37:11 AM--2013]

TITLE 39 - MENTAL HEALTH

CHAPTER 433 - GENERAL PROVISIONS

DECLARATION OF INTENT FOR CHAPTERS 433 TO 433C, INCLUSIVE, OF NRS

NRS 433.003           Declaration of legislative intent.

DEFINITIONS FOR CHAPTERS 433 TO 433C, INCLUSIVE, OF NRS

NRS 433.005           Definitions.

NRS 433.014           “Administrative officer” defined.

NRS 433.024           “Administrator” defined.

NRS 433.047           “Commission” defined.

NRS 433.064           “Department” defined.

NRS 433.074           “Director of the Department” defined.

NRS 433.084           “Division” defined.

NRS 433.094           “Division facility” defined.

NRS 433.099           “Intellectual disability” defined.

NRS 433.134           “Medical director” defined.

NRS 433.144           “Mental health center” defined.

NRS 433.164           “Mental illness” defined.

NRS 433.174           “Mental retardation” defined. [Replaced in revision by NRS 433.099.]

NRS 433.184           “Mental retardation center” defined. [Repealed.]

NRS 433.209           “Person professionally qualified in the field of psychiatric mental health” defined.

NRS 433.211           “Persons with related conditions” defined.

NRS 433.214           “Training” defined. [Repealed.]

NRS 433.224           “Treatment” defined.

NRS 433.227           “Treatment to competency” defined.

DIVISION OF PUBLIC AND BEHAVIORAL HEALTH

Facilities of Division

NRS 433.233           Designation.

Personnel of Division

NRS 433.234           Administration of facilities of Division.

NRS 433.244           Administrator: Qualifications; classification.

NRS 433.254           Administrator: Powers and duties.

NRS 433.259           Administrator: Delegation of power, duty or function.

NRS 433.262           Medical director responsible to Chief Medical Officer.

NRS 433.264           Physicians: Employment; qualifications; compensation; duties.

NRS 433.265           Licensing or certification of certain employees of Division.

NRS 433.267           Limitation on time for certification of psychiatrist employed by Division.

NRS 433.269           Proficiency in English language required of certain employees.

NRS 433.279           Program for certification of mental health technicians.

Commission on Behavioral Health

NRS 433.314           Duties.

NRS 433.316           Powers.

NRS 433.317           Appointment of subcommittee on the mental health of children; duties; compensation to extent of available funding.

NRS 433.318           Appointment of subcommittee or advisory committee; member qualifications; duties; compensation to extent of available funding.

NRS 433.324           Regulations.

NRS 433.325           Inspection of facility.

NRS 433.327           Right of certain employees of Department to submit information or requests to Commission or appear before Commission.

Powers and Duties

NRS 433.331           Adoption of regulations concerning abuse and neglect of consumers.

NRS 433.3315         Adoption of regulations concerning consumers.

NRS 433.332           Division facility required to forward patient’s medical records upon transfer of patient from facility.

NRS 433.334           Contract with general hospital or other institution for care of consumers.

NRS 433.344           Contracts with persons professionally qualified in field of psychiatric mental health for care of persons.

NRS 433.354           Contracts for cooperation with governmental entities and others; effect of payments to Division for such cooperation; immunity from and limitations on liability not waived.

NRS 433.364           Involuntary court-ordered admission to private institution not precluded.

NRS 433.374           State not responsible for payment of costs of care and treatment at other facility; exceptions.

Finance

NRS 433.384           Legislative appropriations; payment of claims.

NRS 433.394           Acceptance by Department of money from other sources.

NRS 433.395           Acceptance by Administrator of donations, gifts and grants for disbursement to certain programs; contract for services for evaluation and recommendation of recipients for disbursements.

NRS 433.404           Schedule of fees for services rendered through programs supported by State; disposition of receipts; amount of fee for services of facility.

NRS 433.414           Fees of physicians and other professionally qualified employees of facility.

NRS 433.424           Mental health center revolving accounts.

CONSUMERS

Residence

NRS 433.431           Definitions.

NRS 433.434           Determination of residence.

NRS 433.444           Reciprocal agreement for returning consumers to legal residence; investigation and report concerning residence.

NRS 433.454           Expenses of returning consumer to legal residence.

Consumers’ Rights

NRS 433.456           Definitions.

NRS 433.458           “Administrative officer” defined.

NRS 433.461           “Facility” defined.

NRS 433.462           “Rights” defined.

NRS 433.464           Right to habeas corpus unimpaired.

NRS 433.471           Rights concerning admission and discharge of consumers.

NRS 433.472           Rights concerning involuntary commitment.

NRS 433.482           Personal rights.

NRS 433.484           Rights concerning care, treatment and training.

NRS 433.494           Individualized plan of services for consumer.

NRS 433.496           Basis for decisions, policies, procedures and practices regarding emergency admissions and involuntary court-ordered admissions.

NRS 433.504           Right to information; inspection and copying of records.

NRS 433.514           Medication: Responsibility of psychiatrist and physician; review of methods for administration and custody.

NRS 433.524           Labor by consumer: Conditions; compensation.

NRS 433.531           Rights concerning suspension or violation of rights.

NRS 433.533           Document reflecting receipt of list of rights and explanation of rights.

NRS 433.534           Denial of rights prohibited; exceptions; report; investigation and action by Commission; closure of meeting in certain circumstances.

NRS 433.536           Retaliation by officer, director or employee of facility prohibited.

Safekeeping of Consumer’s Money and Other Personal Property

NRS 433.538           Definitions.

NRS 433.539           Personal deposit funds for consumers.

NRS 433.541           Disposition of personal property of consumer upon death.

NRS 433.542           Disposition of unclaimed personal property of consumer worth more than $100.

NRS 433.543           Disposition of unclaimed personal property of minimal value.

Deaths and Burials

NRS 433.544           Notification of death of consumer; burial.

USE OF RESTRAINTS AND INTERVENTIONS

NRS 433.545           Definitions.

NRS 433.5453         “Aversive intervention” defined.

NRS 433.5456         “Chemical restraint” defined.

NRS 433.546           “Corporal punishment” defined.

NRS 433.5463         “Electric shock” defined.

NRS 433.5466         “Emergency” defined.

NRS 433.547           “Mechanical restraint” defined.

NRS 433.5473         “Person with a disability” defined.

NRS 433.5476         “Physical restraint” defined.

NRS 433.548           “Verbal and mental abuse” defined.

NRS 433.5483         Use of aversive intervention on consumer prohibited.

NRS 433.5486         Use of physical, mechanical or chemical restraint on consumer by facility authorized in certain circumstances.

NRS 433.549           Use of physical, mechanical or chemical restraint on consumer by person employed by facility prohibited; exceptions.

NRS 433.5493         Use of physical restraint on consumer; requirements; exceptions; report as denial of rights.

NRS 433.5496         Use of mechanical restraint on consumer other than consumer of forensic facility; requirements; exceptions; report as denial of rights.

NRS 433.5499         Use of mechanical restraint on consumer of forensic facility; requirements; exceptions; report as denial of rights.

NRS 433.5503         Use of chemical restraint on consumer; requirements; report as denial of rights.

NRS 433.5506         Facility required to develop program of education in positive behavioral interventions and supports; facility required to train certain members of staff to use physical, mechanical and chemical restraint.

NRS 433.551           Facility required to report violations to Division and to develop corrective plan; Division required to forward corrective plan to Director of Department; power of Department to withhold funding.

UNLAWFUL ACTS

NRS 433.554           Abuse of consumer; failure to report abuse; possession or use of intoxicating beverage or controlled substance; transaction with consumer; aiding escape of consumer; penalties.

NRS 433.564           Unlawful sale or transfer of intoxicating beverage on grounds of division facility.

MISCELLANEOUS PROVISIONS

NRS 433.801           Return of prescription drug to dispensing pharmacy for reissuance or transfer of drug; reissuance or transfer of drug by dispensing pharmacy; regulations.

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DECLARATION OF INTENT FOR CHAPTERS 433 TO 433C, INCLUSIVE, OF NRS

      NRS 433.003  Declaration of legislative intent.  The Legislature hereby declares that it is the intent of chapters 433 to 433C, inclusive, of NRS:

      1.  To eliminate the forfeiture of any civil and legal rights of any person and the imposition of any legal disability on any person, based on an allegation of mental illness, by any method other than a separate judicial proceeding resulting in a determination of incompetency, wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated; and

      2.  To charge the Division of Public and Behavioral Health, and the Division of Child and Family Services, of the Department with recognizing their duty to act in the best interests of their respective consumers by placing them in the least restrictive environment.

      (Added to NRS by 1975, 1589; A 1993, 2715; 1999, 97, 2589; 2011, 410; 2013, 662, 3003)

DEFINITIONS FOR CHAPTERS 433 TO 433C, INCLUSIVE, OF NRS

      NRS 433.005  Definitions.  As used in chapters 433 to 433C, inclusive, of NRS, unless the context otherwise requires, or except as otherwise defined by specific statute, the words and terms defined in NRS 433.014 to 433.227, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1969, 1060; A 1971, 1987; 1973, 256, 1220; 1975, 1589; 1979, 811; 1985, 2264; 1989, 1755; 1999, 2590; 2003, 1941; 2013, 3003)

      NRS 433.014  “Administrative officer” defined.  “Administrative officer” means a person with overall executive and administrative responsibility for those state or nonstate mental health centers designated by the Administrator.

      (Added to NRS by 1975, 1590; A 1979, 811; 2013, 662, 3003)

      NRS 433.024  “Administrator” defined.  “Administrator” means the Administrator of the Division.

      (Added to NRS by 1973, 256; A 1999, 97)

      NRS 433.047  “Commission” defined.  “Commission” means the Commission on Behavioral Health.

      (Added to NRS by 1985, 2262; A 1999, 97; 2013, 3003)

      NRS 433.064  “Department” defined.  “Department” means the Department of Health and Human Services.

      (Added to NRS by 1975, 1590)

      NRS 433.074  “Director of the Department” defined.  “Director of the Department” means the administrative head of the Department.

      (Added to NRS by 1975, 1590)

      NRS 433.084  “Division” defined.  “Division” means the Division of Public and Behavioral Health of the Department.

      (Added to NRS by 1969, 1060; A 1973, 1406; 1975, 1590; 1999, 97; 2013, 3003)

      NRS 433.094  “Division facility” defined.  “Division facility” means any unit or subunit operated by the Division for the care, treatment and training of consumers.

      (Added to NRS by 1973, 256; A 1975, 1590; 1981, 275; 2011, 410)

      NRS 433.099  “Intellectual disability” defined.  “Intellectual disability” means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

      (Added to NRS by 1975, 1591; A 2013, 662)—(Substituted in revision for NRS 433.174)

      NRS 433.134  “Medical director” defined.  “Medical director” means the medical officer in charge of any division mental health program.

      (Added to NRS by 1973, 1220; A 1975, 1591; 2013, 662, 3003)

      NRS 433.144  “Mental health center” defined.  “Mental health center” means any of the state comprehensive mental health centers, including rural clinics.

      (Added to NRS by 1969, 1060; A 1973, 98; 1975, 1591)—(Substituted in revision for NRS 433.011)

      NRS 433.164  “Mental illness” defined.  “Mental illness” means a clinically significant disorder of thought, mood, perception, orientation, memory or behavior which:

      1.  Is listed in the most recent edition of the clinical manual of the International Classification of Diseases, ICD-9-CM, code range 295 to 302.9, inclusive, 306 to 309.9, inclusive, or 311 to 316, inclusive, or the corresponding code in the most recent edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, DSM-IV, Axis I; and

      2.  Seriously limits the capacity of a person to function in the primary aspects of daily living, including, without limitation, personal relations, living arrangements, employment and recreation.

      (Added to NRS by 1975, 1591; A 2003, 1941)

      NRS 433.174  “Mental retardation” defined.  [Replaced in revision by NRS 433.099.]

 

      NRS 433.184  “Mental retardation center” defined.  Repealed. (See chapter 489, Statutes of Nevada 2013, at page 3071.)

 

      NRS 433.209  “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 the State of Nevada and 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 1975, 1591; A 1983, 506; 1985, 2044; 1987, 527, 1124, 2133, 2134; 1989, 1550; 2007, 3086)

      NRS 433.211  “Persons with related conditions” defined.  “Persons with related conditions” means persons who have a severe, chronic disability which:

      1.  Is attributable to:

      (a) Cerebral palsy or epilepsy; or

      (b) Any other condition, other than mental illness, found to be closely related to an intellectual disability because the condition results in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual disability and requires treatment or services similar to those required by a person with an intellectual disability;

      2.  Is manifested before the person affected attains the age of 22 years;

      3.  Is likely to continue indefinitely; and

      4.  Results in substantial functional limitations in three or more of the following areas of major life activity:

      (a) Taking care of oneself;

      (b) Understanding and use of language;

      (c) Learning;

      (d) Mobility;

      (e) Self-direction; and

      (f) Capacity for independent living.

      (Added to NRS by 1999, 2589; A 2013, 662)

      NRS 433.214  “Training” defined.  Repealed. (See chapter 489, Statutes of Nevada 2013, at page 3071.)

 

      NRS 433.224  “Treatment” defined.  “Treatment” means any combination of procedures or activities, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility.

      (Added to NRS by 1975, 1592)

      NRS 433.227  “Treatment to competency” defined.  “Treatment to competency” means treatment provided to a person who is a defendant in a criminal action or proceeding to attempt to cause the person to attain competency to stand trial or receive pronouncement of judgment.

      (Added to NRS by 2003, 1941)

DIVISION OF PUBLIC AND BEHAVIORAL HEALTH

Facilities of Division

      NRS 433.233  Designation.

      1.  The division facilities providing mental health services are designated as:

      (a) Northern Nevada Adult Mental Health Services;

      (b) Southern Nevada Adult Mental Health Services;

      (c) Rural clinics; and

      (d) Lakes Crossing Center.

      2.  Division facilities established after July 1, 1981, must be named by the Administrator, subject to the approval of the Director of the Department.

      (Added to NRS by 1981, 274; A 1993, 2715; 1999, 97, 2590; 2001, 1115; 2013, 663, 3003)

Personnel of Division

      NRS 433.234  Administration of facilities of Division.  The provisions of chapters 433 to 433C, inclusive, of NRS pertaining to division facilities must be administered by the respective administrative officers of the division facilities, subject to administrative supervision by the Administrator.

      (Added to NRS by 1975, 1592; A 1993, 2715; 2013, 3004)

      NRS 433.244  Administrator: Qualifications; classification.

      1.  The Administrator must be selected on the basis of his or her education, training, experience, leadership qualities, demonstrated abilities and interest in the field of behavioral health or public health.

      2.  The Administrator is in the unclassified service of the State.

      (Added to NRS by 1975, 1592; A 1981, 1281, 1685; 1983, 641; 1985, 2264; 1999, 2590; 2009, 270; 2013, 663, 3004)

      NRS 433.254  Administrator: Powers and duties.

      1.  The Administrator serves at the pleasure of the Director of the Department and shall:

      (a) Serve as the Executive Officer of the Division;

      (b) Administer the Division in accordance with the policies established by the Commission;

      (c) Make an annual report to the Director of the Department on the condition and operation of the Division, and such other reports as the Director may prescribe; and

      (d) Employ, within the limits of available money, the assistants and employees necessary to the efficient operation of the Division.

      2.  The Administrator may:

      (a) Appoint the administrative personnel necessary to operate the programs of the Division.

      (b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of the facilities of the Division.

      3.  If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the Director of the Department.

      4.  The Administrator may accept persons referred to the Division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.

      (Added to NRS by 1975, 1592; A 1979, 811; 1985, 423, 2264; 1989, 429; 2009, 271)

      NRS 433.259  Administrator: Delegation of power, duty or function.

      1.  The Administrator may delegate to any officer, deputy or employee of the Division the exercise or discharge in the name of the Administrator of any power, duty or function vested in or imposed upon the Administrator.

      2.  The official act of any such person acting in the name of the Administrator and by his or her authority shall be deemed an official act of the Administrator.

      (Added to NRS by 2013, 3003)

      NRS 433.262  Medical director responsible to Chief Medical Officer.  The medical director or other person in charge of any division facility or any other facility or center established pursuant to chapters 433 to 433C, inclusive, of NRS:

      1.  Is subject to the oversight of the Chief Medical Officer; and

      2.  Shall report to the Chief Medical Officer any information concerning the facility or center upon the request of the Chief Medical Officer.

      (Added to NRS by 2013, 3003)

      NRS 433.264  Physicians: Employment; qualifications; compensation; duties.

      1.  Physicians shall be employed within the various division facilities as are necessary for the operation of the facilities. They shall hold degrees of doctor of medicine or doctor of osteopathic medicine from accredited medical schools and they shall be licensed to practice medicine or osteopathic medicine in Nevada as provided by law.

      2.  Except as otherwise provided by law, their only compensation shall be annual salaries, fixed in accordance with the pay plan adopted pursuant to the provisions of NRS 284.175.

      3.  The physicians shall perform such duties pertaining to the care and treatment of consumers as may be required.

      (Added to NRS by 1975, 1592; A 2011, 410; 2013, 3004)

      NRS 433.265  Licensing or certification of certain employees of Division.  Any person employed by the Division as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, registered nurse or social worker must be licensed or certified by the appropriate state licensing board for his or her respective profession.

      (Added to NRS by 1985, 2044; A 1987, 527, 1122, 2133, 2134; 2007, 3086)

      NRS 433.267  Limitation on time for certification of psychiatrist employed by Division.  Any psychiatrist who is employed by the Division must be certified by the American Board of Psychiatry and Neurology within 5 years after the psychiatrist’s first date of employment with the Division. The Administrator shall terminate the employment of any psychiatrist who fails to receive such certification.

      (Added to NRS by 1985, 2044; A 1989, 683)

      NRS 433.269  Proficiency in English language required of certain employees.  The Administrator shall not employ any psychiatrist, psychologist, social worker or registered nurse who holds a master’s degree in the field of psychiatric nursing who is unable to demonstrate proficiency in the oral and written expression of the English language.

      (Added to NRS by 1985, 2044)

      NRS 433.279  Program for certification of mental health technicians.

      1.  The Division shall carry out a vocational and educational program for the certification of mental health technicians, including forensic technicians:

      (a) Employed by the Division, or other employees of the Division who perform similar duties, but are classified differently.

      (b) Employed by the Division of Child and Family Services of the Department.

Ê The program must be carried out in cooperation with the Nevada System of Higher Education.

      2.  A mental health technician is responsible to the director of the service in which his or her duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize a mental health technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.

      3.  The Division shall adopt regulations to carry out the provisions of this section.

      4.  As used in this section, “mental health technician” means an employee of the Division of Public and Behavioral Services or the Division of Child and Family Services who, for compensation or personal profit, carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of persons with mental illness and persons who are emotionally disturbed, and who has direct responsibility for:

      (a) Administering or carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable consumers to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or

      (b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of consumers, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the consumers.

      (Added to NRS by 1989, 428; A 1993, 402, 2230; 1995, 805; 1999, 98, 2591; 2011, 410; 2013, 663, 3004)

Commission on Behavioral Health

      NRS 433.314  Duties.  The Commission shall:

      1.  Establish policies to ensure adequate development and administration of services for persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders, including services to prevent mental illness, intellectual disabilities and related conditions, substance use disorders and co-occurring disorders, and services provided without admission to a facility or institution;

      2.  Set policies for the care and treatment of persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders provided by all state agencies;

      3.  Review the programs and finances of the Division; and

      4.  Report at the beginning of each year to the Governor and at the beginning of each odd-numbered year to the Legislature on the quality of the care and treatment provided for persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders in this State and on any progress made toward improving the quality of that care and treatment.

      (Added to NRS by 1975, 1593; A 1985, 2265; 1999, 2591; 2009, 662; 2013, 664, 3005)

      NRS 433.316  Powers.  The Commission may:

      1.  Collect and disseminate information pertaining to mental health, intellectual disabilities and related conditions, substance use disorders and co-occurring disorders.

      2.  Request legislation pertaining to mental health, intellectual disabilities and related conditions, substance use disorders and co-occurring disorders.

      3.  Review findings of investigations of complaints about the care of any person in a public facility for the treatment of persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders.

      4.  Accept, as authorized by the Legislature, gifts and grants of money and property.

      5.  Take appropriate steps to increase the availability of and to enhance the quality of the care and treatment of persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders provided through private nonprofit organizations, governmental entities, hospitals and clinics.

      6.  Promote programs for the treatment of persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders and participate in and promote the development of facilities for training persons to provide services for persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders.

      7.  Create a plan to coordinate the services for the treatment of persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders provided in this State and to provide continuity in the care and treatment provided.

      8.  Establish and maintain an appropriate program which provides information to the general public concerning mental illness, intellectual disabilities and related conditions, substance use disorders and co-occurring disorders and consider ways to involve the general public in the decisions concerning the policy on mental illness, intellectual disabilities and related conditions, substance use disorders and co-occurring disorders.

      9.  Compile statistics on mental illness and study the cause, pathology and prevention of that illness.

      10.  Establish programs to prevent or postpone the commitment of residents of this State to facilities for the treatment of persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders.

      11.  Evaluate the future needs of this State concerning the treatment of mental illness, intellectual disabilities and related conditions, substance use disorders and co-occurring disorders and develop ways to improve the treatment already provided.

      12.  Take any other action necessary to promote mental health in this State.

      (Added to NRS by 1985, 2263; A 1999, 2592; 2009, 663; 2013, 665, 3006)

      NRS 433.317  Appointment of subcommittee on the mental health of children; duties; compensation to extent of available funding.

      1.  The Commission shall appoint a subcommittee on the mental health of children to review the findings and recommendations of each mental health consortium submitted pursuant to NRS 433B.335 and to create a statewide plan for the provision of mental health services to children.

      2.  The members of the subcommittee appointed pursuant to this section serve at the pleasure of the Commission. The members serve without compensation, except that each member is entitled, while engaged in the business of the subcommittee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.

      (Added to NRS by 2009, 662)

      NRS 433.318  Appointment of subcommittee or advisory committee; member qualifications; duties; compensation to extent of available funding.

      1.  The Commission may appoint a subcommittee or an advisory committee composed of members who have experience and knowledge of matters relating to persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders and who, to the extent practicable, represent the ethnic and geographic diversity of this State.

      2.  A subcommittee or advisory committee appointed pursuant to this section shall consider specific issues and advise the Commission on matters related to the duties of the Commission.

      3.  The members of a subcommittee or advisory committee appointed pursuant to this section serve at the pleasure of the Commission. The members serve without compensation, except that each member is entitled, while engaged in the business of the subcommittee or advisory committee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.

      (Added to NRS by 2009, 662; A 2013, 665, 3007)

      NRS 433.324  Regulations.

      1.  The State Board of Health shall adopt regulations:

      (a) For the care and treatment of persons with mental illness, persons with substance use disorders or persons with co-occurring disorders by all state agencies and facilities, and their referral to private facilities;

      (b) To ensure continuity in the care and treatment provided to persons with mental illness, persons with substance use disorders or persons with co-occurring disorders in this State; and

      (c) Necessary for the proper and efficient operation of the facilities of the Division.

      2.  The State Board of Health may adopt regulations to promote programs relating to mental health, substance use disorders and co-occurring disorders.

      (Added to NRS by 1975, 1594; A 1985, 368, 2265; 1999, 2592; 2009, 664; 2013, 666, 3007)

      NRS 433.325  Inspection of facility.  The Commission or its designated agent may inspect any state facility providing services for persons with mental illness, persons with intellectual disabilities and persons with related conditions, persons with substance use disorders or persons with co-occurring disorders to determine if the facility is in compliance with the provisions of this title and any regulations adopted pursuant thereto.

      (Added to NRS by 1985, 2263; A 1993, 2715; 1999, 2593; 2009, 664; 2013, 666, 3007)

      NRS 433.327  Right of certain employees of Department to submit information or requests to Commission or appear before Commission.  Every employee of the Division, and every person employed by the Division of Child and Family Services of the Department pursuant to chapter 433B of NRS is entitled to submit written information or requests directly to the Commission or its individual members, or appear before it with its permission, but the Commission shall not interfere with the procedures for resolving the grievances of employees in the classified service of the State.

      (Added to NRS by 1985, 2263; A 1993, 2716)

Powers and Duties

      NRS 433.331  Adoption of regulations concerning abuse and neglect of consumers.  The Division shall adopt regulations to:

      1.  Provide for a more detailed definition of abuse of a consumer of the Division, consistent with the general definition given in NRS 433.554;

      2.  Provide for a more detailed definition of neglect of a consumer of the Division, consistent with the general definition given in NRS 433.554; and

      3.  Establish policies and procedures for reporting the abuse or neglect of a consumer of the Division.

      (Added to NRS by 1989, 642; A 2011, 411)

      NRS 433.3315  Adoption of regulations concerning consumers.  The Division shall adopt regulations:

      1.  To define the term “consumer” for the purposes of chapters 433 to 433C, inclusive, of NRS.

      2.  To specify the circumstances under which a consumer is eligible to receive services from the Division pursuant to chapters 433 to 433C, inclusive, of NRS, including, but not limited to, care, treatment, treatment to competency and training. Regulations adopted pursuant to this subsection must specify that a consumer is eligible to receive services only if the consumer:

      (a) Has a documented diagnosis of a mental disorder based on the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and

      (b) Except as otherwise provided in the regulations adopted pursuant to subsection 3, is not eligible to receive services through another public or private entity.

      3.  To specify the circumstances under which the provisions of paragraph (b) of subsection 2 do not apply, including, without limitation, when the copay or other payment required to obtain services through another public or private entity is prohibitively high.

      4.  To establish policies and procedures for the referral of each consumer who needs services that the Division is unable to provide to the most appropriate organization or resource who is able to provide the needed services to that consumer.

      (Added to NRS by 2011, 409; A 2013, 3008)

      NRS 433.332  Division facility required to forward patient’s medical records upon transfer of patient from facility.

      1.  If a patient in a division facility is transferred to another division facility or to a medical facility, a facility for the dependent or a physician licensed to practice medicine, the division facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the facility or physician. Except as otherwise required by 42 U.S.C. §§ 290dd, 290dd-1 or 290dd-2 or NRS 439.538 or 439.591, the division facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.

      2.  As used in this section, “medical records” includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.

      (Added to NRS by 1991, 2351; A 1993, 145; 2007, 1980; 2011, 1761)

      NRS 433.334  Contract with general hospital or other institution for care of consumers.  The Division may, by contract with general hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of consumers with mental illness.

      (Added to NRS by 1975, 1594; A 1999, 2593; 2011, 411; 2013, 666, 3008)

      NRS 433.344  Contracts with persons professionally qualified in field of psychiatric mental health for care of persons.  The Division may contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for persons with mental illness when it appears that they can be treated best in that manner.

      (Added to NRS by 1975, 1594; A 1983, 506; 1999, 2593; 2013, 666)

      NRS 433.354  Contracts for cooperation with governmental entities and others; effect of payments to Division for such cooperation; immunity from and limitations on liability not waived.

      1.  For the purposes of chapters 433 to 433C, inclusive, of NRS, the Department through the Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual or a group of individuals. Such contracts or agreements may include provisions whereby the Division will provide staff, services or other resources, or any combination thereof, without payment, to further the purposes of the contract or agreement. If the contract or agreement includes a provision whereby the Division is paid for the provision of staff, services or other resources, the payment will be reimbursed directly to the Division’s budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.

      2.  If the Administrator or the Administrator’s designee enters into a contract or agreement pursuant to subsection 1 with a private nonprofit corporation, the contract or agreement may allow:

      (a) The Division to enter and inspect any premises that are related to services provided under the contract or agreement and to inspect any records that are related to services provided under the contract or agreement to ensure the welfare of any consumer served by the private nonprofit corporation under the contract or agreement;

      (b) The Division and the private nonprofit corporation to share confidential information concerning any consumer served by the private nonprofit corporation under the contract or agreement; and

      (c) The private nonprofit corporation to assign rights and obligations of the private nonprofit corporation under the contract or agreement to the Division.

      3.  The State, Department and Division do not waive any immunity from liability or limitation on liability provided by law by entering into a contract or agreement pursuant to this section and any such contract or agreement must include a provision to that effect.

      (Added to NRS by 1975, 1594; A 1993, 2716; 2013, 313, 3008)

      NRS 433.364  Involuntary court-ordered admission to private institution not precluded.  Nothing in chapters 433 to 433C, inclusive, of NRS precludes the involuntary court-ordered admission of a person with mental illness to a private institution where such admission is authorized by law.

      (Added to NRS by 1975, 1594; A 2013, 3008)

      NRS 433.374  State not responsible for payment of costs of care and treatment at other facility; exceptions.  The State is not responsible for payment of the costs of care and treatment of persons admitted to a facility not operated by the Division except as otherwise provided in NRS 433B.230 or where, before admission, the Administrator or the Administrator’s designee authorizes the expenditure of state money for such purpose.

      (Added to NRS by 1975, 1594; A 1993, 2716)

Finance

      NRS 433.384  Legislative appropriations; payment of claims.  Money to carry out the provisions of chapters 433 to 433C, inclusive, of NRS must be provided by legislative appropriation from the State General Fund, and paid out on claims as other claims against the State are paid. All claims relating to a division facility individually must be approved by the administrative officer of such facility before they are paid.

      (Added to NRS by 1975, 1594; A 1993, 2716; 2013, 3008)

      NRS 433.394  Acceptance by Department of money from other sources.  For the purposes of chapters 433 to 433C, inclusive, of NRS, the Department may accept:

      1.  Moneys appropriated and made available by any act of the Congress of the United States;

      2.  Moneys and contributions made available by a county, a city, a public district or any political subdivision of this state; and

      3.  Moneys and contributions made available by a public or private corporation, a private foundation, an individual or a group of individuals.

      (Added to NRS by 1975, 1595; A 2013, 3009)

      NRS 433.395  Acceptance by Administrator of donations, gifts and grants for disbursement to certain programs; contract for services for evaluation and recommendation of recipients for disbursements.

      1.  Upon approval of the Director of the Department, the Administrator may accept:

      (a) Donations of money and gifts of real or personal property; and

      (b) Grants of money from the Federal Government,

Ê for use in public or private programs that provide services to persons in this State with mental illness.

      2.  The Administrator shall disburse any donations, gifts and grants received pursuant to this section to programs that provide services to persons with mental illness in a manner that supports the plan to coordinate services created by the Commission pursuant to subsection 7 of NRS 433.316. In the absence of a plan to coordinate services, the Administrator shall make disbursements to programs that will maximize the benefit provided to persons with mental illness in consideration of the nature and value of the donation, gift or grant.

      3.  Within limits of legislative appropriations or other available money, the Administrator may enter into a contract for services related to the evaluation and recommendation of recipients for the disbursements required by this section.

      (Added to NRS by 1997, 3231; A 1999, 2593; 2013, 666, 3009)

      NRS 433.404  Schedule of fees for services rendered through programs supported by State; disposition of receipts; amount of fee for services of facility.

      1.  The Division shall establish a fee schedule for services rendered through any program supported by the State pursuant to the provisions of chapters 433 to 433C, inclusive, of NRS. The schedule must be submitted to the Commission and the Director of the Department for joint approval before enforcement. The fees collected by facilities operated by the Division pursuant to this schedule must be deposited in the State Treasury to the credit of the State General Fund, except as otherwise provided in NRS 433.354 for fees collected pursuant to contract or agreement.

      2.  For a facility providing services for the treatment of persons with mental illness, the fee established must approximate the cost of providing the service, but if a consumer is unable to pay in full the fee established pursuant to this section, the Division may collect any amount the consumer is able to pay.

      (Added to NRS by 1975, 1594; A 1985, 2265; 1993, 2716; 1999, 2593; 2011, 411; 2013, 667, 3009)

      NRS 433.414  Fees of physicians and other professionally qualified employees of facility.

      1.  Physicians and other professional staff employed within any division facility shall receive a reasonable fee for evaluations, examinations or court testimony when directed by the court to perform such services, singularly or as a member of an evaluation team established pursuant to the provisions of chapter 433A of NRS.

      2.  If such evaluation or testimony is provided while the physician or other professional person is acting as an employee of a division facility, the fee shall be received by the division facility at which he or she is employed.

      (Added to NRS by 1975, 1595)

      NRS 433.424  Mental health center revolving accounts.  A mental health center revolving account up to the amount of $5,000 is hereby created for each division mental health center, and may be used for the payment of mental health center bills requiring immediate payment and for no other purposes. The respective administrative officers shall deposit the money for the respective revolving accounts in one or more banks or credit unions of reputable standing. Payments made from each account must be promptly reimbursed from appropriated money of the respective mental health centers on claims as other claims against the State are paid.

      (Added to NRS by 1975, 1595; A 1979, 812; 1983, 395; 1999, 1496; 2013, 667, 3009)

CONSUMERS

Residence

      NRS 433.431  Definitions.  As used in NRS 433.431 to 433.454, inclusive, unless the context otherwise requires, “division facility” means any unit or subunit operated by:

      1.  The Division of Public and Behavioral Health of the Department for the care, treatment and training of consumers; or

      2.  The Division of Child and Family Services of the Department pursuant to chapter 433B of NRS.

      (Added to NRS by 1993, 2714; A 1999, 99; 2003, 1942; 2011, 411)

      NRS 433.434  Determination of residence.  For purposes of chapters 433 to 433C, inclusive, of NRS, the residence of a person is:

      1.  The domicile of such person;

      2.  If the domicile of the person cannot be ascertained, the place where the person was last employed; or

      3.  If the domicile of the person cannot be ascertained and he or she is not or was not employed, the place where the person made his or her home or headquarters.

      (Added to NRS by 1975, 1595; A 2013, 3010)

      NRS 433.444  Reciprocal agreement for returning consumers to legal residence; investigation and report concerning residence.

      1.  For the purpose of facilitating the return of nonresident consumers to the state in which they have legal residence, the Administrator may enter into reciprocal agreements, consistent with the provisions of chapters 433 to 433C, inclusive, of NRS, with the proper boards, commissioners or officers of other states for the mutual exchange of consumers confined in, admitted or committed to a mental health facility in one state whose legal residence is in the other, and may give written permission for the return and admission to a division facility of any resident of this state when such permission is conformable to the provisions of chapters 433 to 433C, inclusive, of NRS governing admissions to a division facility.

      2.  The county clerk and board of county commissioners of each county, upon receiving notice from the Administrator that an application for the return of an alleged resident of this state has been received, shall promptly investigate and report to the Administrator their findings as to the legal residence of the consumer.

      (Added to NRS by 1975, 1595; A 2011, 412; 2013, 667, 3010)

      NRS 433.454  Expenses of returning consumer to legal residence.

      1.  All expenses incurred for the purpose of returning a consumer to the state in which the consumer has legal residence shall be paid from the moneys of the consumer or by the relatives or other persons responsible for the consumer’s care and treatment under his or her commitment or admission.

      2.  In the case of indigent consumers whose relatives cannot pay the costs and expenses of returning such consumers to the state in which they have residence, the costs may be assumed by the State. These costs shall be advanced from moneys appropriated for the general support of the division facility wherein the consumer was receiving care, treatment or training, if such consumer was committed to a division facility at the time of the transfer, and shall be paid out on claims as other claims against the State are paid.

      (Added to NRS by 1975, 1596; A 2011, 412)

Consumers’ Rights

      NRS 433.456  Definitions.  As used in NRS 433.456 to 433.536, inclusive, unless the context otherwise requires, the words and terms defined in NRS 433.458, 433.461 and 433.462 have the meanings ascribed to them in those sections.

      (Added to NRS by 1989, 1755; A 1997, 3491; 2011, 412)

      NRS 433.458  “Administrative officer” defined.  “Administrative officer” means a person with overall executive and administrative responsibility for a facility that provides services relating to mental health and that is operated by any public or private entity.

      (Added to NRS by 1989, 1755; A 1999, 2594; 2013, 668, 3010)

      NRS 433.461  “Facility” defined.  “Facility” means any:

      1.  Unit or subunit operated by the Division of Public and Behavioral Health of the Department for the care, treatment and training of consumers.

      2.  Unit or subunit operated by the Division of Child and Family Services of the Department pursuant to chapter 433B of NRS.

      3.  Hospital, clinic or other institution operated by any public or private entity, for the care, treatment and training of consumers.

      (Added to NRS by 1989, 1755; A 1993, 2716; 1999, 99; 2011, 412)

      NRS 433.462  “Rights” defined.  “Rights” includes, without limitation, all rights provided to a consumer pursuant to NRS 433.456 to 433.536, inclusive, and any regulations adopted pursuant thereto.

      (Added to NRS by 1997, 3490; A 2011, 413)

      NRS 433.464  Right to habeas corpus unimpaired.  The provisions of chapters 433 to 433C, inclusive, of NRS do not limit the right of any person detained hereunder to a writ of habeas corpus upon a proper application made at any time by such person or any other person on his or her behalf.

      (Added to NRS by 1975, 1596; A 2013, 3010)

      NRS 433.471  Rights concerning admission and discharge of consumers.

      1.  Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning admission to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:

      (a) The right not to be admitted to the facility under false pretenses or as a result of any improper, unethical or unlawful conduct by a staff member of the facility to collect money from the insurance company of the consumer or for any other financial purpose.

      (b) The right to receive a copy, on request, of the criteria upon which the facility makes its decision to admit or discharge a consumer from the facility. Such criteria must not, for emergency admissions or involuntary court-ordered admissions, be based on the availability of insurance coverage or any other financial considerations.

      2.  As used in this section, “improper conduct” means a violation of the rules, policies or procedures of the facility.

      (Added to NRS by 1997, 3490; A 1999, 866; 2011, 413)

      NRS 433.472  Rights concerning involuntary commitment.

      1.  Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning involuntary commitment to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:

      (a) To request and receive a second evaluation by a psychiatrist or psychologist who does not have a contractual relationship with or financial interest in the facility. The evaluation must:

             (1) Include, without limitation, a recommendation of whether the consumer should be involuntarily committed to the facility; and

             (2) Be paid for by the consumer if the insurance carrier of the consumer refuses to pay for the evaluation.

      (b) To receive a copy of the procedure of the facility regarding involuntary commitment and treatment.

      (c) To receive a list of the consumer’s rights concerning involuntary commitment or treatment.

      2.  If the results of an evaluation conducted by a psychiatrist or psychologist pursuant to subsection 1 conflict in any manner with the results of an evaluation conducted by the facility, the facility may request and receive a third evaluation of the consumer to resolve the conflicting portions of the previous evaluations.

      (Added to NRS by 1997, 3490; A 1999, 1040; 2011, 413)

      NRS 433.482  Personal rights.  Each consumer admitted for evaluation, treatment or training to a facility has the following personal rights, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:

      1.  To wear the consumer’s own clothing, to keep and use his or her own personal possessions, including toilet articles, unless those articles may be used to endanger the consumer’s life or others’ lives, and to keep and be allowed to spend a reasonable sum of the consumer’s own money for expenses and small purchases.

      2.  To have access to individual space for storage for his or her private use.

      3.  To see visitors each day.

      4.  To have reasonable access to telephones, both to make and receive confidential calls.

      5.  To have ready access to materials for writing letters, including stamps, and to mail and receive unopened correspondence, but:

      (a) For the purposes of this subsection, packages are not considered as correspondence; and

      (b) Correspondence identified as containing a check payable to a consumer may be subject to control and safekeeping by the administrative officer of that facility or the administrative officer’s designee, so long as the consumer’s record of treatment documents the action.

      6.  To have reasonable access to an interpreter if the consumer does not speak English or is hearing impaired.

      7.  To designate a person who must be kept informed by the facility of the consumer’s medical and mental condition, if the consumer signs a release allowing the facility to provide such information to the person.

      8.  Except as otherwise provided in NRS 439.538, to have access to the consumer’s medical records denied to any person other than:

      (a) A member of the staff of the facility or related medical personnel, as appropriate;

      (b) A person who obtains a waiver by the consumer of his or her right to keep the medical records confidential; or

      (c) A person who obtains a court order authorizing the access.

      9.  Other personal rights as specified by regulation of the Commission.

      (Added to NRS by 1981, 892; A 1985, 2266; 1989, 1755; 1997, 3492; 2007, 1980; 2011, 413)

      NRS 433.484  Rights concerning care, treatment and training.  Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning care, treatment and training, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:

      1.  To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. All of that care, treatment and training must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:

      (a) Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent must be obtained in writing from:

             (1) The consumer if he or she is 18 years of age or over or legally emancipated and competent to give that consent, and from the consumer’s legal guardian, if any;

             (2) The parent or guardian of a consumer under 18 years of age and not legally emancipated; or

             (3) The legal guardian of a consumer of any age who has been adjudicated mentally incompetent;

      (b) An informed consent requires that the person whose consent is sought be adequately informed as to:

             (1) The nature and consequences of the procedure;

             (2) The reasonable risks, benefits and purposes of the procedure; and

             (3) Alternative procedures available;

      (c) The consent of a consumer as provided in paragraph (b) may be withdrawn by the consumer in writing at any time with or without cause;

      (d) Even in the absence of express and informed consent, a licensed and qualified physician may render emergency medical care or treatment to any consumer who has been injured in an accident or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in the initiation of emergency medical care or treatment would endanger the health of the consumer and if the treatment is immediately entered into the consumer’s record of treatment, subject to the provisions of paragraph (e); and

      (e) If the proposed emergency medical care or treatment is deemed by the chief medical officer of the facility to be unusual, experimental or generally occurring infrequently in routine medical practice, the chief medical officer shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment.

      2.  To be free from abuse, neglect and aversive intervention.

      3.  To consent to the consumer’s transfer from one facility to another, except that the Administrator of the Division of Public and Behavioral Health of the Department or the Administrator’s designee, or the Administrator of the Division of Child and Family Services of the Department or the Administrator’s designee, may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the consumer in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the consumer’s record of treatment and immediately forward a notice of the objection to the Administrator who ordered the transfer, and the Commission shall review the transfer pursuant to subsection 3 of NRS 433.534.

      4.  Other rights concerning care, treatment and training as may be specified by regulation of the Commission.

      (Added to NRS by 1975, 1596; A 1981, 893; 1985, 2266; 1989, 1756; 1993, 2717; 1999, 99, 3233; 2011, 414)

      NRS 433.494  Individualized plan of services for consumer.

      1.  An individualized written plan of mental health services must be developed for each consumer of each facility. The plan must:

      (a) Provide for the least restrictive treatment procedure that may reasonably be expected to benefit the consumer; and

      (b) Be developed with the input and participation of:

             (1) The consumer, to the extent that he or she is able to provide input and participate; and

             (2) To the extent that the consumer is unable to provide input and participate, the parent or guardian of the consumer if the consumer is under 18 years of age and is not legally emancipated, or the legal guardian of a consumer who has been adjudicated mentally incompetent.

      2.  The plan must be kept current and must be modified, with the input and participation of the consumer, the parent or guardian of the consumer or the legal guardian of the consumer, as appropriate, when indicated. The plan must be thoroughly reviewed at least once every 3 months.

      3.  The person in charge of implementing the plan of services must be designated in the plan.

      (Added to NRS by 1975, 1597; A 1989, 1757; 1999, 2594; 2005, 307; 2011, 415; 2013, 668, 3010)

      NRS 433.496  Basis for decisions, policies, procedures and practices regarding emergency admissions and involuntary court-ordered admissions.

      1.  Each facility shall make all of its decisions, policies, procedures and practices regarding emergency admissions or involuntary court-ordered admissions based upon clinical efficiency rather than cost containment.

      2.  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 1997, 3491)

      NRS 433.504  Right to information; inspection and copying of records.

      1.  A consumer or the consumer’s legal guardian must be:

      (a) Permitted to inspect the consumer’s records; and

      (b) Informed of the consumer’s clinical status and progress at reasonable intervals of no longer than 3 months in a manner appropriate to his or her clinical condition.

      2.  Unless a psychiatrist has made a specific entry to the contrary in a consumer’s records, a consumer or the consumer’s legal guardian is entitled to obtain a copy of the consumer’s records at any time upon notice to the administrative officer of the facility and payment of the cost of reproducing the records.

      (Added to NRS by 1975, 1597; A 1987, 2221; 2009, 1666; 2011, 416)

      NRS 433.514  Medication: Responsibility of psychiatrist and physician; review of methods for administration and custody.

      1.  The attending psychiatrist or physician shall be responsible for all medication given or administered to a consumer.

      2.  Each administrative officer shall establish a policy for the review of the administration, storage and handling of medications by nurses and nonprofessional personnel.

      (Added to NRS by 1975, 1597; A 2011, 416)

      NRS 433.524  Labor by consumer: Conditions; compensation.

      1.  A consumer may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if:

      (a) The consumer voluntarily agrees to perform the labor;

      (b) Engaging in the labor is not inconsistent with and does not interfere with the plan of services for the consumer;

      (c) The person responsible for the consumer’s treatment agrees to the plan of labor; and

      (d) The amount of time or effort necessary to perform the labor is not excessive.

Ê In no event may discharge or privileges be conditioned upon the performance of such labor.

      2.  A consumer who performs labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone must be adequately compensated and the compensation must be in accordance with applicable state and federal labor laws.

      3.  A consumer who performs labor other than that described in subsection 2 must be compensated an adequate amount if an economic benefit to another person or agency results from the consumer’s labor.

      4.  The administrative officer of the facility may provide for compensation of a resident when the resident performs labor not governed by subsection 2 or 3.

      5.  This section does not apply to labor of a personal housekeeping nature or to labor performed as a condition of residence in a small group living arrangement.

      6.  One-half of any compensation paid to a consumer pursuant to this section is exempt from collection or retention as payment for services rendered by the Division of Public and Behavioral Health of the Department or its facilities, or by the Division of Child and Family Services of the Department or its facilities. Such an amount is also exempt from levy, execution, attachment, garnishment or any other remedies provided by law for the collection of debts.

      (Added to NRS by 1975, 1598; A 1993, 2718; 1999, 100; 2011, 416)

      NRS 433.531  Rights concerning suspension or violation of rights.  Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning the suspension or violation of his or her rights, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:

      1.  To receive a list of the consumer’s rights.

      2.  To receive a copy of the policy of the facility that sets forth the clinical or medical circumstances under which the consumer’s rights may be suspended or violated.

      3.  To receive a list of the clinically appropriate options available to the consumer or the consumer’s family to remedy an actual or a suspected suspension or violation of his or her rights.

      4.  To have all policies of the facility regarding the rights of consumers prominently posted in the facility.

      (Added to NRS by 1997, 3491; A 2011, 417)

      NRS 433.533  Document reflecting receipt of list of rights and explanation of rights.  Each facility shall, within a reasonable time after a consumer is admitted to the facility for evaluation, treatment or training, ask the consumer to sign a document that reflects that the consumer has received a list of the consumer’s rights and has had those rights explained to him or her.

      (Added to NRS by 1997, 3491; A 2011, 417)

      NRS 433.534  Denial of rights prohibited; exceptions; report; investigation and action by Commission; closure of meeting in certain circumstances.

      1.  The rights of a consumer enumerated in this chapter must not be denied except to protect the consumer’s health and safety or to protect the health and safety of others, or both. Any denial of those rights in any facility must be entered in the consumer’s record of treatment, and notice of the denial must be forwarded to the administrative officer of the facility. Failure to report denial of rights by an employee may be grounds for dismissal.

      2.  If the administrative officer of a facility receives notice of a denial of rights as provided in subsection 1, the officer shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. Except as otherwise provided in NRS 239.0115, such a report is confidential and must not be disclosed. A copy of the report must be sent to the Commission.

      3.  The Commission:

      (a) Shall receive reports of and may investigate apparent violations of the rights guaranteed by this chapter;

      (b) May act to resolve disputes relating to apparent violations;

      (c) May act on behalf of consumers to obtain remedies for any apparent violations; and

      (d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.

      4.  Pursuant to NRS 241.030, the Commission may close any portion of a meeting in which it considers the character, alleged misconduct or professional competence of a person in relation to:

      (a) The denial of the rights of a consumer; or

      (b) The care and treatment of a consumer.

Ê The provisions of this subsection do not require a meeting of the Commission to be closed to the public.

      (Added to NRS by 1975, 1598; A 1979, 812; 1985, 2268; 1989, 1757; 1993, 2112, 2719; 1995, 676, 1735; 2007, 2106; 2011, 417)

      NRS 433.536  Retaliation by officer, director or employee of facility prohibited.  An officer, director or employee of a facility shall not retaliate against any person for having:

      1.  Reported any violation of law; or

      2.  Provided information regarding a violation of law,

Ê by the facility or a staff member of the facility.

      (Added to NRS by 1997, 3491)

Safekeeping of Consumer’s Money and Other Personal Property

      NRS 433.538  Definitions.  As used in NRS 433.538 to 433.543, inclusive, unless the context otherwise requires:

      1.  “Administrative officer” means a person with overall executive and administrative responsibility for a division facility.

      2.  “Division facility” means any unit or subunit operated by:

      (a) The Division of Public and Behavioral Health of the Department for the care, treatment and training of consumers; or

      (b) The Division of Child and Family Services of the Department pursuant to chapter 433B of NRS.

      (Added to NRS by 1993, 2714; A 1999, 101; 2003, 1943; 2011, 418)

      NRS 433.539  Personal deposit funds for consumers.

      1.  There may be maintained as a trust fund at each division facility a consumers’ personal deposit fund.

      2.  Money coming into the possession of the administrative officer of a division facility which belongs to a consumer must be credited in the fund in the name of that consumer.

      3.  When practicable, individual credits in the fund must not exceed the sum of $300.

      4.  Any amounts to the credit of a consumer may be used for purchasing personal necessities, for expenses of burial or may be turned over to the consumer upon the consumer’s demand, except that when the consumer is adjudicated mentally incompetent the guardian of the consumer’s estate has the right to demand and receive the money.

      5.  An amount accepted for the benefit of a consumer for a special purpose must be reserved for that purpose regardless of the total amount to the credit of the consumer.

      6.  Except as otherwise provided in subsection 7, the administrative officers shall deposit any money received for the funds of their respective facilities in commercial accounts with one or more banks or credit unions of reputable standing. When deposits in a commercial account exceed $15,000, the administrative officer may deposit the excess in a savings account paying interest in any reputable commercial bank, or in any credit union or savings and loan association within this state that is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The savings account must be in the name of the fund. Interest paid on deposits in the savings account may be used for recreational purposes at the division facility.

      7.  The administrative officers may maintain at their respective division facilities petty cash of not more than $400 of the money in the consumers’ personal deposit fund to enable consumers to withdraw small sums from their accounts.

      (Added to NRS by 1979, 252; A 1979, 1894; 1983, 395; 1999, 1497; 2011, 418)

      NRS 433.541  Disposition of personal property of consumer upon death.  Whenever any person admitted to a division facility dies, the administrative officer shall send written notice to the decedent’s legally appointed representative, listing the personal property remaining in the custody or possession of the facility. If there is no demand made upon the administrative officer of the facility by the decedent’s legally appointed representative, all personal property of the decedent remaining in the custody or possession of the administrative officer must be held by the officer for a period of 1 year from the date of the decedent’s death for the benefit of the heirs, legatees or successors of the decedent. At the end of this period, another notice must be sent to the decedent’s representative, listing the property and specifying the manner in which the property will be disposed of if not claimed within 15 business days. After 15 business days, all personal property and documents of the decedent, other than cash, remaining unclaimed in the possession of the administrative officer must be disposed of as follows:

      1.  All documents must be filed by the administrative officer with the public administrator of the county from which the consumer was admitted.

      2.  All other personal property must be sold at a public auction or by sealed bids. The proceeds of the sale must be applied to the decedent’s unpaid balance for costs incurred at the division facility.

      (Added to NRS by 1979, 253; A 2011, 419)

      NRS 433.542  Disposition of unclaimed personal property of consumer worth more than $100.  If a person admitted to a division facility is discharged or leaves and the person fails to recover personal property worth more than $100 in the custody of the administrative officer of the facility, the administrative officer shall notify the former consumer or the consumer’s legal representative in writing that personal property remains in the custody of the facility. The property must be held in safekeeping for the consumer for a period of 1 year from the date of discharge. If upon the expiration of the 1-year period no claim has been made upon the administrative officer by the person or the person’s legal representative, another notice must be sent to the person or the person’s legal representative, stating the fact that personal property remains in the custody of the facility, and specifying the manner in which the property will be disposed of if not claimed within 15 business days. After 15 business days, the property may be considered unclaimed property and be disposed of in the manner provided for unclaimed property of deceased persons under the provisions of NRS 433.541.

      (Added to NRS by 1979, 253; A 2011, 419)

      NRS 433.543  Disposition of unclaimed personal property of minimal value.  If, upon the death or release of a person admitted to a division facility, the value of unclaimed personal property in the possession of the administrative officer of the facility is so minimal that it cannot be sold at public auction or by sealed bid and if the property, either in its present condition or in an improved condition, cannot be used by the division facility, the administrative officer may order the personal property destroyed.

      (Added to NRS by 1979, 253)

Deaths and Burials

      NRS 433.544  Notification of death of consumer; burial.

      1.  Upon the death of a consumer, any known relatives or friends of the consumer shall be notified immediately of the fact of death.

      2.  The Administrator or the Administrator’s designee shall cause a decent burial to be provided for the consumer outside division facility grounds. The Administrator or the designee may enter into a contract with any person or persons, including governmental agencies or other instrumentalities, as the Administrator or the designee deems proper, for a decent burial. Where there are known relatives, and they are financially able, the cost of burial shall be borne by the relatives. Where there are no known relatives, the cost of burial shall be a charge against the State of Nevada, but the cost thereof shall not exceed the amount charged for the burial of indigents in the county in which the burial takes place.

      3.  When a consumer has income from a pension payable through a division facility, and has no guardian, the Division may obligate operating funds for funeral expenses in the amount due under the pension benefits.

      (Added to NRS by 1975, 1599; A 2011, 419)

USE OF RESTRAINTS AND INTERVENTIONS

      NRS 433.545  Definitions.  As used in NRS 433.545 to 433.551, inclusive, unless the context otherwise requires, the words and terms defined in NRS 433.5453 to 433.548, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 3229; A 2001, 2744)

      NRS 433.5453  “Aversive intervention” defined.  “Aversive intervention” means any of the following actions if the action is used to punish a person with a disability or to eliminate, reduce or discourage maladaptive behavior of a person with a disability:

      1.  The use of noxious odors and tastes;

      2.  The use of water and other mists or sprays;

      3.  The use of blasts of air;

      4.  The use of corporal punishment;

      5.  The use of verbal and mental abuse;

      6.  The use of electric shock;

      7.  Requiring a person to perform exercise under forced conditions if the:

      (a) Person is required to perform the exercise because the person exhibited a behavior that is related to his or her disability;

      (b) Exercise is harmful to the health of the person because of his or her disability; or

      (c) Nature of the person’s disability prevents the person from engaging in the exercise;

      8.  Any intervention, technique or procedure that deprives a person of the use of one or more of his or her senses, regardless of the length of the deprivation, including, without limitation, the use of sensory screens; or

      9.  The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation, including, without limitation, the denial or unreasonable delay in the provision of:

      (a) Food or liquid at a time when it is customarily served; or

      (b) Medication.

      (Added to NRS by 1999, 3229)

      NRS 433.5456  “Chemical restraint” defined.  “Chemical restraint” means the administration of drugs for the specific and exclusive purpose of controlling an acute or episodic aggressive behavior when alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs on a regular basis, as prescribed by a physician, to treat the symptoms of mental, physical, emotional or behavioral disorders and for assisting a person in gaining self-control over his or her impulses.

      (Added to NRS by 1999, 3230)

      NRS 433.546  “Corporal punishment” defined.  “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.

      (Added to NRS by 1999, 3230)

      NRS 433.5463  “Electric shock” defined.  “Electric shock” means the application of electric current to a person’s skin or body. The term does not include electroconvulsive therapy.

      (Added to NRS by 1999, 3230)

      NRS 433.5466  “Emergency” defined.  “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.

      (Added to NRS by 1999, 3230)

      NRS 433.547  “Mechanical restraint” defined.  “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps, restraint chairs, handcuffs, belly chains and four-point restraints to limit a person’s movement or hold a person immobile.

      (Added to NRS by 1999, 3230; A 2001, 2744)

      NRS 433.5473  “Person with a disability” defined.  “Person with a disability” means a person who:

      1.  Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;

      2.  Has a record of such an impairment; or

      3.  Is regarded as having such an impairment.

      (Added to NRS by 1999, 3230)

      NRS 433.5476  “Physical restraint” defined.  “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile.

      (Added to NRS by 1999, 3230)

      NRS 433.548  “Verbal and mental abuse” defined.  “Verbal and mental abuse” means verbal intimidation or coercion of a person without a redeeming purpose.

      (Added to NRS by 1999, 3230)

      NRS 433.5483  Use of aversive intervention on consumer prohibited.  A person employed by a facility or any other person shall not use any aversive intervention on a person with a disability who is a consumer.

      (Added to NRS by 1999, 3230; A 2011, 420)

      NRS 433.5486  Use of physical, mechanical or chemical restraint on consumer by facility authorized in certain circumstances.  Notwithstanding the provisions of NRS 433.549 to 433.5503, inclusive, to the contrary, a facility may use or authorize the use of physical restraint, mechanical restraint or chemical restraint on a person with a disability who is a consumer if the facility is:

      1.  Accredited by a nationally recognized accreditation association or agency; or

      2.  Certified for participation in the Medicaid or Medicare Program,

Ê only to the extent that the accreditation or certification allows the use of such restraint.

      (Added to NRS by 1999, 3230; A 2011, 420)

      NRS 433.549  Use of physical, mechanical or chemical restraint on consumer by person employed by facility prohibited; exceptions.  A person employed by a facility or any other person shall not:

      1.  Except as otherwise provided in NRS 433.5493, use physical restraint on a person with a disability who is a consumer.

      2.  Except as otherwise provided in NRS 433.5496 and 433.5499, use mechanical restraint on a person with a disability who is a consumer.

      3.  Except as otherwise provided in NRS 433.5503, use chemical restraint on a person with a disability who is a consumer.

      (Added to NRS by 1999, 3231; A 2001, 2744; 2011, 420)

      NRS 433.5493  Use of physical restraint on consumer; requirements; exceptions; report as denial of rights.

      1.  Except as otherwise provided in subsection 2, physical restraint may be used on a person with a disability who is a consumer only if:

      (a) An emergency exists that necessitates the use of physical restraint;

      (b) The physical restraint is used only for the period that is necessary to contain the behavior of the consumer so that the consumer is no longer an immediate threat of causing physical injury to himself or herself or others or causing severe property damage; and

      (c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

      2.  Physical restraint may be used on a person with a disability who is a consumer and the provisions of subsection 1 do not apply if the physical restraint is used to:

      (a) Assist the consumer in completing a task or response if the consumer does not resist the application of physical restraint or if the consumer’s resistance is minimal in intensity and duration;

      (b) Escort or carry a consumer to safety if the consumer is in danger in his or her present location; or

      (c) Conduct medical examinations or treatments on the consumer that are necessary.

      3.  If physical restraint is used on a person with a disability who is a consumer in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610, as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

      (Added to NRS by 1999, 3231; A 2011, 420; 2013, 3011)

      NRS 433.5496  Use of mechanical restraint on consumer other than consumer of forensic facility; requirements; exceptions; report as denial of rights.

      1.  Except as otherwise provided in subsections 2 and 4, mechanical restraint may be used on a person with a disability who is a consumer only if:

      (a) An emergency exists that necessitates the use of mechanical restraint;

      (b) A medical order authorizing the use of mechanical restraint is obtained from the consumer’s treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

      (c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the consumer not later than 1 working day immediately after the application of the mechanical restraint;

      (d) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;

      (e) The consumer is given the opportunity to move and exercise the parts of his or her body that are restrained at least 10 minutes per every 60 minutes of restraint;

      (f) A member of the staff of the facility lessens or discontinues the restraint every 15 minutes to determine whether the consumer will stop or control his or her inappropriate behavior without the use of the restraint;

      (g) The record of the consumer contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the consumer and the response of the member of the staff of the facility who applied the mechanical restraint;

      (h) A member of the staff of the facility continuously monitors the consumer during the time that mechanical restraint is used on the consumer; and

      (i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the consumer so that the consumer is no longer an immediate threat of causing physical injury to himself or herself or others or causing severe property damage.

      2.  Mechanical restraint may be used on a person with a disability who is a consumer and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

      (a) Treat the medical needs of a consumer;

      (b) Protect a consumer who is known to be at risk of injury to himself or herself because the consumer lacks coordination or suffers from frequent loss of consciousness;

      (c) Provide proper body alignment to a consumer; or

      (d) Position a consumer who has physical disabilities in a manner prescribed in the consumer’s plan of services.

      3.  If mechanical restraint is used on a person with a disability who is a consumer in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610, as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

      4.  The provisions of this section do not apply to a forensic facility, as that term is defined in subsection 5 of NRS 433.5499.

      (Added to NRS by 1999, 3231; A 2001, 2744; 2011, 421; 2013, 3011)

      NRS 433.5499  Use of mechanical restraint on consumer of forensic facility; requirements; exceptions; report as denial of rights.

      1.  Except as otherwise provided in subsection 3, mechanical restraint may be used on a person with a disability who is a consumer of a forensic facility only if:

      (a) An emergency exists that necessitates the use of the mechanical restraint;

      (b) The consumer’s behavior presents an imminent threat of causing physical injury to himself or herself or to others or causing severe property damage and less restrictive measures have failed to modify the consumer’s behavior;

      (c) The consumer is in the care of the facility but not on the premises of the facility and mechanical restraint is necessary to ensure security; or

      (d) The consumer is in the process of being transported to another location and mechanical restraint is necessary to ensure security.

      2.  If mechanical restraint is used pursuant to subsection 1, the forensic facility shall ensure that:

      (a) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint;

      (b) A member of the staff of the facility continuously monitors the consumer during the time that mechanical restraint is used on the consumer;

      (c) The record of the consumer contains a notation that indicates the time period during which the restraint was used and the circumstances warranting the restraint; and

      (d) The mechanical restraint is used only for the period that is necessary.

      3.  Mechanical restraint may be used on a person with a disability who is a consumer of a forensic facility, and the provisions of subsections 1 and 2 do not apply if the mechanical restraint is used to:

      (a) Treat the medical needs of a consumer;

      (b) Protect a consumer who is known to be at risk of injury to himself or herself because the consumer lacks coordination or suffers from frequent loss of consciousness;

      (c) Provide proper body alignment to a consumer; or

      (d) Position a consumer who has physical disabilities in a manner prescribed in the consumer’s plan of services.

      4.  If mechanical restraint is used in an emergency on a person with a disability who is a consumer of a forensic facility, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610, as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

      5.  As used in this section, “forensic facility” means a secure facility of the Division for offenders and defendants with a mental disorder who are ordered to the facility pursuant to chapter 178 of NRS.

      (Added to NRS by 2001, 2743; A 2011, 422; 2013, 3012)

      NRS 433.5503  Use of chemical restraint on consumer; requirements; report as denial of rights.

      1.  Chemical restraint may only be used on a person with a disability who is a consumer if:

      (a) The consumer has been diagnosed as mentally ill, as defined in NRS 433A.115, and is receiving mental health services from a facility;

      (b) The chemical restraint is administered to the consumer while he or she is under the care of the facility;

      (c) An emergency exists that necessitates the use of chemical restraint;

      (d) A medical order authorizing the use of chemical restraint is obtained from the consumer’s attending physician or psychiatrist;

      (e) The physician or psychiatrist who signed the order required pursuant to paragraph (d) examines the consumer not later than 1 working day immediately after the administration of the chemical restraint; and

      (f) The chemical restraint is administered by a person licensed to administer medication.

      2.  If chemical restraint is used on a person with a disability who is a consumer, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610, as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

      (Added to NRS by 1999, 3232; A 2011, 422; 2013, 3013)

      NRS 433.5506  Facility required to develop program of education in positive behavioral interventions and supports; facility required to train certain members of staff to use physical, mechanical and chemical restraint.

      1.  Each facility shall develop a program of education for the members of the staff of the facility to provide instruction in positive behavioral interventions and positive behavioral supports that:

      (a) Includes positive methods to modify the environment of consumers to promote adaptive behavior and reduce the occurrence of inappropriate behavior;

      (b) Includes methods to teach skills to consumers so that consumers can replace inappropriate behavior with adaptive behavior;

      (c) Includes methods to enhance a consumer’s independence and quality of life;

      (d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of consumers; and

      (e) Offers a process for designing interventions based upon the consumer that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the consumer.

      2.  Each facility shall provide appropriate training for the members of the staff of the facility who are authorized to carry out and monitor physical restraint, mechanical restraint and chemical restraint to ensure that those members of the staff are competent and qualified to carry out the procedures in accordance with NRS 433.545 to 433.551, inclusive.

      (Added to NRS by 1999, 3233; A 2011, 423)

      NRS 433.551  Facility required to report violations to Division and to develop corrective plan; Division required to forward corrective plan to Director of Department; power of Department to withhold funding.

      1.  A facility where a violation of the provisions of NRS 433.545 to 433.551, inclusive, occurs shall:

      (a) Not later than 24 hours after a violation occurs, or as soon thereafter as the violation is discovered, report the violation to the Division; and

      (b) Develop, in cooperation with the Division, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the facility to prevent future violations.

      2.  The Division shall forward the plan to the Director of the Department. The Director or the Director’s designee shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The Director or the designee may require appropriate revision of the plan to ensure compliance.

      3.  If the facility where the violation occurred does not meet the requirements of the plan to the satisfaction of the Director or the designee, the Department may withhold funding for the facility until the facility meets the requirements of the plan.

      (Added to NRS by 1999, 3233)

UNLAWFUL ACTS

      NRS 433.554  Abuse of consumer; failure to report abuse; possession or use of intoxicating beverage or controlled substance; transaction with consumer; aiding escape of consumer; penalties.

      1.  An employee of a public or private mental health facility or any other person, except a consumer, who:

      (a) Has reason to believe that a consumer of the Division or of a private facility offering mental health services has been or is being abused or neglected and fails to report it;

      (b) Brings intoxicating beverages or a controlled substance into any division facility occupied by consumers unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

      (c) Is under the influence of liquor or a controlled substance while employed in contact with consumers, unless in accordance with a lawfully issued prescription;

      (d) Enters into any transaction with a consumer involving the transfer of money or property for personal use or gain at the expense of the consumer; or

      (e) Contrives the escape, elopement or absence of a consumer,

Ê is guilty of a misdemeanor, in addition to any other penalties provided by law.

      2.  In addition to any other penalties provided by law, an employee of a public or private mental health facility or any other person, except a consumer, who willfully abuses or neglects a consumer:

      (a) For a first violation that does not result in substantial bodily harm to the consumer, is guilty of a gross misdemeanor.

      (b) For a first violation that results in substantial bodily harm to the consumer, is guilty of a category B felony.

      (c) For a second or subsequent violation, is guilty of a category B felony.

Ê A person convicted of a category B felony pursuant to this section shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if the person is an officer or employee of the State, the person forfeits his or her office or position.

      4.  A conviction pursuant to this section is, when applicable, grounds for disciplinary action against the person so convicted and the facility where the violation occurred. The Division may recommend to the appropriate agency or board the suspension or revocation of the professional license, registration, certificate or permit of a person convicted pursuant to this section.

      5.  For the purposes of this section:

      (a) “Abuse” means any willful and unjustified infliction of pain, injury or mental anguish upon a consumer, including, but not limited to:

             (1) The rape, sexual assault or sexual exploitation of the consumer;

             (2) The use of any type of aversive intervention;

             (3) Except as otherwise provided in NRS 433.5486, a violation of NRS 433.549; and

             (4) The use of physical, chemical or mechanical restraints or the use of seclusion in violation of federal law.

Ê Any act which meets the standard of practice for care and treatment does not constitute abuse.

      (b) “Consumer” includes any person who seeks, on the person’s own or others’ initiative, and can benefit from, care, treatment and training in a public or private institution or facility offering mental health services, or from treatment to competency in a public or private institution or facility offering mental health services. The term includes a consumer of the Division of Child and Family Services of the Department.

      (c) “Neglect” means any omission to act which causes injury to a consumer or which places the consumer at risk of injury, including, but not limited to, the failure to follow:

             (1) An appropriate plan of treatment to which the consumer has consented; and

             (2) The policies of the facility for the care and treatment of consumers.

Ê Any omission to act which meets the standard of practice for care and treatment does not constitute neglect.

      (d) “Standard of practice” means the skill and care ordinarily exercised by prudent professional personnel engaged in health care.

      (Added to NRS by 1975, 1599; A 1983, 933; 1987, 1196, 1551; 1989, 642; 1993, 2112, 2231, 2719; 1995, 676, 1276, 1715; 1997, 542; 1999, 3235; 2003, 1942; 2011, 423)

      NRS 433.564  Unlawful sale or transfer of intoxicating beverage on grounds of division facility.

      1.  Any person who, on the grounds of a division facility, sells, barters, exchanges or in any manner disposes of any spirituous or malt liquor or beverage to any person lawfully confined in the division facility is guilty of a gross misdemeanor.

      2.  This section does not apply to any physician prescribing or furnishing liquor to the person when the liquor is prescribed or furnished for medicinal purposes only.

      (Added to NRS by 1975, 1599)

MISCELLANEOUS PROVISIONS

      NRS 433.801  Return of prescription drug to dispensing pharmacy for reissuance or transfer of drug; reissuance or transfer of drug by dispensing pharmacy; regulations.

      1.  A public or private mental health facility may return a prescription drug that is dispensed to a patient of the facility, but will not be used by that patient, to the dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for patients in that facility or for the purpose of transferring the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676 if:

      (a) The drug is not a controlled substance;

      (b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle that is sealed by the manufacturer of the drug;

      (c) The drug is returned unopened and sealed in the original manufacturer’s packaging or bottle;

      (d) The usefulness of the drug has not expired;

      (e) The packaging or bottle contains the expiration date of the usefulness of the drug; and

      (f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the return of the drug.

      2.  A dispensing pharmacy to which a drug is returned pursuant to this section may:

      (a) Reissue the drug to fill other prescriptions for patients in the same facility if the registered pharmacist of the pharmacy determines that the drug is suitable for that purpose in accordance with standards adopted by the State Board of Pharmacy pursuant to subsection 5; or

      (b) Transfer the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676.

      3.  No drug that is returned to a dispensing pharmacy pursuant to this section may be used to fill other prescriptions more than one time.

      4.  A mental health facility shall adopt written procedures for returning drugs to a dispensing pharmacy pursuant to this section. The procedures must:

      (a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted during their return.

      (b) Require the maintenance and retention of such records relating to the return of such drugs as are required by the State Board of Pharmacy.

      (c) Be approved by the State Board of Pharmacy.

      5.  The State Board of Pharmacy shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation, requirements for:

      (a) Returning and reissuing such drugs pursuant to the provisions of this section.

      (b) Transferring drugs to a nonprofit pharmacy pursuant to the provisions of this section and NRS 639.2676.

      (c) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.

      (Added to NRS by 2003, 1371; A 2009, 1087)