Senate Bill No. 90–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to health records; providing the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee access to certain records concerning certain defendants which are in the possession of the Department of Corrections; providing the Director of the Department of Corrections or the designated medical director access to certain records concerning an offender which are in the possession of the Division of Mental Health and Developmental Services; 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. Chapter 178 of NRS is hereby amended by adding

thereto a new section to read as follows:

    1.  The Administrator of the Division of Mental Health and

Developmental Services of the Department of Human Resources

or his designee may request from the Department of Corrections

access to any records in its possession which contain information

that may assist in evaluating and treating a defendant who

previously has served a term of imprisonment under the

supervision of the Department of Corrections and who is

committed to the custody of or ordered to report to the

Administrator or his designee pursuant to NRS 178.425 or

178.460.

    2.  Unless otherwise ordered by a court, upon request of the

Administrator or his designee for access to records of a defendant

pursuant to subsection 1, the Department of Corrections, through

the designated medical director, shall provide access to any such

records, including, without limitation, relevant medical and

mental health records, for the limited purpose of allowing the

Administrator or his designee to evaluate and treat the defendant.

    3.  No oral or written consent of the defendant is required for

the Administrator or his designee to obtain access to records from

the Department of Corrections pursuant to this section.

    4.  As used in this section, “designated medical director”

means the designated administrative officer of the Department of

Corrections who is responsible for the medical treatment of

offenders.

    Sec. 2.  Chapter 209 of NRS is hereby amended by adding

thereto a new section to read as follows:

    1.  The Director, through the designated medical director,

may request from the Division of Mental Health and

Developmental Services of the Department of Human Resources

access to any records in its possession which contain information

that may assist in evaluating, caring for and providing treatment

to an offender who previously was committed to the custody of or

ordered to report to the Administrator or his designee pursuant to

NRS 178.425 or 178.460.

    2.  Unless otherwise ordered by a court, upon a request for

access to records of an offender pursuant to subsection 1, the

Division of Mental Health and Developmental Services of the

Department of Human Resources shall provide access to any such

records, including, without limitation, relevant medical and

mental health records, for the limited purpose of allowing the

Director or the designated medical director to evaluate, care for

and provide treatment to the offender.

    3.  The Director, through the designated medical director,

may provide to the Division of Mental Health and Developmental

Services of the Department of Human Resources or to other

community medical or mental health care providers, relevant

medical and mental health records of an offender serving a term

of imprisonment under the custody of the Department of

Corrections, for the purposes of planning the discharge of the

offender and assuring the continuity of evaluation, care and

treatment of the offender in the community after release from

incarceration.

    4.  No oral or written consent of the offender is required to

obtain access to records from the Division of Mental Health and

Developmental Services of the Department of Human Resources

or the Department of Corrections pursuant to this section.

    5.  As used in this section, “designated medical director”

means the designated administrative officer of the Department

who is responsible for the medical treatment of offenders.

    Sec. 3.  This act becomes effective upon passage and approval.

 

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