Referred to Committee on Human Resources and Facilities
SUMMARY--Makes various changes concerning mentally ill persons. (BDR 39-1184)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to mental health; revising the provisions governing the commitment of mentally ill persons; requiring a district attorney to investigate suspected violations of certain provisions concerning mentally ill persons; directing the legislative commission to study the quality of care provided by this state to mentally ill persons; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 433A.115 is hereby amended to read as follows:
433A.115 1. As used in NRS 433A.120 to 433A.330, inclusive, unless the context otherwise requires, "mentally ill person" means any person whose capacity to exercise self-control, judgment and discretion in the conduct of his affairs and social relations or to care for his personal needs is diminished to the extent that he [presents] :
(a) Presents a clear and present danger of harm to himself or others [,] ; or
(b) Is gravely disabled,
but does not include any person in whom that capacity is diminished by epilepsy, mental retardation, Alzheimer's disease, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or drugs, unless a mental illness that can be diagnosed is also present which contributes to the diminished capacity of the person.
2. A person presents a clear and present danger of harm to himself if, within the next preceding 30 days, he has:
(a) Acted in a manner from which it may reasonably be inferred that, without the care, supervision or continued assistance of others, he will be unable to satisfy his need for nourishment, personal or medical care, shelter, self-protection or safety, and if there exists a reasonable probability that his death, serious bodily injury or physical debilitation will occur within the next following 30 days unless he is admitted to a mental health facility pursuant to the provisions of NRS 433A.120 to 433A.330, inclusive, and adequate treatment is provided to him;
(b) Attempted or threatened to commit suicide or committed acts in furtherance of a threat to commit suicide, and if there exists a reasonable probability that he will commit suicide unless he is admitted to a mental health facility pursuant to the provisions of NRS 433A.120 to 433A.330, inclusive, and adequate treatment is provided to him; or
(c) Mutilated himself, attempted or threatened to mutilate himself or committed acts in furtherance of a threat to mutilate himself, and if there exists a reasonable probability that he will mutilate himself unless he is admitted to a mental health facility pursuant to the provisions of NRS 433A.120 to 433A.330, inclusive, and adequate treatment is provided to him.
3. A person presents a clear and present danger of harm to others if, within the next preceding 30 days, he has inflicted or attempted to inflict serious bodily harm on any other person, or made threats to inflict harm and committed acts in furtherance of those threats, and if there exists a reasonable probability that he will do so again unless he is admitted to a mental health facility pursuant to the provisions of NRS 433A.120 to 433A.330, inclusive, and adequate treatment is provided to him.
4. A person is gravely disabled if it may reasonably be inferred from his mental condition and behavior that he is, or will be within the next following 30 days, incapable of providing for his basic needs necessary for survival unless he is admitted to a mental health facility pursuant to the provisions of NRS 433A.120 to 433A.330, inclusive, and adequate treatment is provided to him. As used in this subsection, "basic needs necessary for survival" includes, without limitation, essential medical care, shelter or safety or any item that is necessary to sustain life and without which the person is unlikely to survive for the next following 30 days.
Sec. 2 NRS 433A.750 is hereby amended to read as follows:
433A.7501. A person who:
(a) Without probable cause for believing a person to be mentally ill causes or conspires with or assists another to cause the involuntary court-ordered admission of the person under this chapter; or
(b) Causes or conspires with or assists another to cause the denial to any person of any right accorded to him under this chapter,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. Unless a greater penalty is provided in subsection 1, a person who knowingly and willfully violates any provision of this chapter regarding the admission of a person to, or discharge of a person from, a public or private mental health facility is guilty of a gross misdemeanor.
3. A person who, without probable cause for believing another person to be mentally ill, executes a petition, application or certificate pursuant to this chapter, by which the person secures or attempts to secure the apprehension, hospitalization, detention or restraint of the person alleged to be mentally ill, or any physician, psychiatrist or licensed psychologist who knowingly makes any false certificate or application pursuant to this chapter as to the mental condition of any person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. A district attorney shall investigate any suspected violation of this section occurring within his county.
Sec. 3 1. The legislative commission is hereby directed to study and evaluate the quality of care provided by this state to mentally ill persons, including, without limitation:
(a) The organization, management and administration of the mental hygiene and mental retardation division of the department of human resources;
(b) The conditions and facilities of the mental hygiene and mental retardation division of the department of human resources;
(c) The statutes of this state and other states concerning the quality of care provided to mentally ill persons; and
(d) Any other matter which relates to the quality of care provided by this state to mentally ill persons.
2. The legislative commission shall submit a report on its study and any recommendations for legislation to the director of the legislative counsel bureau for transmittal to the 70th session of the legislature.
Sec. 4 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.