Referred to Committee on Human Resources and Facilities
SUMMARY--Revises provisions governing emergency admissions to mental health facilities. (BDR 39-864)
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 certain provisions governing the emergency admission of persons to mental health facilities; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 433A.160 is hereby amended to read as follows:
433A.160 1. Application for an emergency admission of an allegedly mentally ill person for evaluation and observation may only be made by an accredited agent of the department, an officer authorized to make arrests in the State of Nevada or a physician, psychologist, social worker or registered nurse. The agent, officer, physician, psychologist, social worker or registered nurse may take an allegedly mentally ill person into custody without a warrant to apply for emergency admission for evaluation, observation and treatment [under] pursuant to NRS 433A.150 and may [transport] :
(a) Transport the person [or arrange the transportation for him with a] ; or
(b) Arrange for the person to be transported by:
(1) A local law enforcement agency ; or
(2) An ambulance service that holds a valid permit issued pursuant to the provisions of chapter 450B of NRS,
to a public or private mental health facility for that purpose.
2. The application must reveal the circumstances [under] pursuant to which the person was taken into custody and the reasons therefor.
3. [For the purposes of ] As used in subsection 1, "an accredited agent of the department" means [any] a person appointed or designated by the director of the department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.
4. [Any] A person who has reason to believe that another person is mentally ill may apply to the district attorney of the county where the allegedly mentally ill person is found, and the district attorney may, if satisfied that as a result of mental illness the person is likely to harm himself or others:
(a) Issue an order to [any] a peace officer for the immediate apprehension of the person and his transportation to a public or private mental health facility; and
(b) [Make application] Apply for the admission of the person [under] pursuant to the emergency admission provisions of NRS 433A.150.
5. Each person admitted to a public or private mental health facility or hospital [under] pursuant to an emergency admission must be evaluated [at] :
(a) At the time of admission , if the admission occurs during normal business hours; or
(b) Within 24 hours after the time of admission, if the admission occurs on a Saturday, Sunday, legal holiday or after normal business hours,
by a psychiatrist or physician who is not a psychiatrist. Each such emergency admission must be approved by a psychiatrist.
Sec. 2. NRS 433A.165 is hereby amended to read as follows:
433A.165 1. Before an allegedly mentally ill person may be transported to a public or private mental health facility pursuant to NRS 433A.160, he must:
(a) First be examined by a licensed physician , advanced practitioner of nursing or physician's assistant to determine whether the person has a medical problem, other than a psychiatric problem, which requires immediate treatment; and
(b) If such treatment is required, be admitted to a hospital for the appropriate medical care.
2. The cost of the examination must be paid by the county in which the allegedly mentally ill person resides if services are provided at a county hospital located in that county or a hospital designated by that county, unless the cost is voluntarily paid by the allegedly mentally ill person or on his behalf, by his insurer or by a state or federal program of medical assistance.
3. The county may recover all or [any] a part of the expenses paid by it, in a civil action against:
(a) The person whose expenses were paid;
(b) The estate of that person; or
(c) A responsible relative as prescribed in NRS 433A.610, to the extent that financial ability is found to exist.
4. The cost of treatment, including hospitalization, for an indigent must be paid pursuant to NRS 428.010 by the county in which the allegedly mentally ill person resides.
Sec. 3. NRS 433A.170 is hereby amended to read as follows:
433A.170 [The]
1. Except as otherwise provided in subsection 2, the administrative officer of a facility operated by the division or of [any other] another public or private mental health facility or hospital shall not accept an application for an emergency admission [under] pursuant to NRS 433A.150 and 433A.160 unless that application is accompanied by a certificate [of] from a psychiatrist, licensed psychologist or physician stating that he has examined the person alleged to be mentally ill and that he has concluded that as a result of mental illness the person is likely to harm himself or others. This certificate may be obtained from a psychiatrist, licensed psychologist, or physician who is employed by the public or private mental health facility to which the application is made.
2. The administrative officer of a facility operated by the division or of another public or private mental health facility or hospital may accept an application for an emergency admission pursuant to NRS 433A.150 and 433A.160 that is not accompanied by such a certificate described in subsection 1 if:
(a) The application is made on a Saturday, Sunday, legal holiday or after normal business hours; and
(b) A psychiatrist, licensed psychologist or physician who is employed by the mental health facility or hospital to which the application is made will examine the person within 24 hours.
If, within 24 hours after the administrative officer has accepted an application pursuant to this subsection, the person for whom the application was made is not examined or is not certified that as a result of mental illness he is likely to harm himself or others, the person must be released.
Sec. 4. NRS 433A.180 is hereby amended to read as follows:
433A.180 No application or certificate authorized [under] pursuant to NRS 433A.160 or 433A.170 may be considered if made by a psychiatrist, psychologist or physician who is related by blood or marriage to the allegedly mentally ill person, or who is financially interested in the facility in which the allegedly mentally ill person is to be detained. [No] Except as otherwise provided in subsection 2 of NRS 433A.170, no application or certificate of [any] an examining person authorized [under] pursuant to NRS 433A.170 may be considered unless it is based on personal observation and examination of the allegedly mentally ill person made by such examining person not more than 72 hours [prior to] before the making of the application or certificate. The certificate [shall] must set forth in detail the facts and reasons on which the examining person based his opinions and conclusions.
Sec. 5. 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.