Senate Bill No. 94–Committee on Human
Resources and Facilities

 

CHAPTER..........

 

AN ACT relating to health; requiring under certain circumstances that an allegedly mentally ill person be admitted to a medical facility other than a hospital before his emergency admission to a mental health facility; requiring the Division of Mental Health and Developmental Services of the Department of Human Resources to adopt regulations prescribing the appropriate type of medical facility; authorizing peace officers to deliver certain persons found in any public place under the influence of a controlled substance to certain facilities for observation and care; providing for the medical treatment of certain persons who are under the influence of a controlled substance who are arrested or taken into custody by a peace officer; 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.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 or physician

assistant or an advanced practitioner of nursing 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, the person must be admitted

[to] for the appropriate medical care:

        (1) To a hospital [for the appropriate medical care.] if the

person is in need of emergency services or care; or

        (2) To another appropriate medical facility if the person is

not in need of emergency services or care.

    2.  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 or

other medical facility 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 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.

    5.  The Division shall adopt regulations to carry out the

provisions of this section, including, without limitation,

regulations that:

    (a) Define “emergency services or care” as that term is used in

this section; and

    (b) Prescribe the type of medical facility that a person may be

admitted to pursuant to subparagraph (2) of paragraph (b) of

subsection 1.

    6.  As used in this section, “medical facility” has the meaning

ascribed to it in NRS 449.0151.

    Sec. 2.  Chapter 458 of NRS is hereby amended by adding

thereto a new section to read as follows:

    1.  If a peace officer arrests or takes into custody a person

who is found in any public place unlawfully under the influence

of a controlled substance and in such a condition that he is unable

to exercise care for his health or safety or the health or safety of

other persons, the peace officer may deliver the person to a

licensed facility for the treatment of persons who abuse controlled

substances or other appropriate facility for observation and care.

    2.  A person who is unlawfully under the influence of a

controlled substance who is arrested or taken into custody by a

peace officer must immediately be taken to a secure detoxification

unit or other appropriate medical facility if his condition appears

to require emergency medical treatment. Upon release from the

detoxification unit or medical facility, the person must

immediately be remanded to the custody of the apprehending

peace officer and the criminal proceedings proceed as prescribed

by law.

    3.  Every peace officer and other public employee or agency

acting pursuant to this section is performing a discretionary

function or duty.

    4.  As used in this section, “secure detoxification unit”

includes, without limitation, a detoxification unit in which the

staff of the detoxification unit ensures the security of the

detoxification unit.

    Sec. 3.  NRS 458.010 is hereby amended to read as follows:

    458.010  As used in NRS 458.010 to 458.350, inclusive, and

section 2 of this act, unless the context requires otherwise:

    1.  “Administrator” means the Administrator of the Health

Division.

    2.  “Alcohol and drug abuse program” means a project

concerned with education, prevention and treatment directed toward

achieving the mental and physical restoration of alcohol and drug

abusers.

    3.  “Alcohol and drug abuser” means a person whose

consumption of alcohol or other drugs, or any combination thereof,

interferes with or adversely affects his ability to function socially or

economically.

    4.  “Alcoholic” means any person who habitually uses alcoholic

beverages to the extent that he endangers the health, safety or

welfare of himself or any other person or group of persons.

    5.  “Board” means the State Board of Health.

    6.  “Civil protective custody” means a custodial placement of a

person to protect his health or safety. Civil protective custody does

not have any criminal implication.

    7.  “Detoxification technician” means a person who is certified

by the Health Division to provide screening for the safe withdrawal

from alcohol and other drugs.

    8.  “Facility” means a physical structure used for the education,

prevention and treatment, including mental and physical restoration,

of alcohol and drug abusers.

    9.  “Health Division” means the Health Division of the

Department of Human Resources.

    Sec. 4.  NRS 458.031 is hereby amended to read as follows:

    458.031  The Health Division shall administer the provisions of

NRS 458.010 to 458.350, inclusive, and section 2 of this act as the

sole agency of the State of Nevada for that purpose.

    Sec. 5.  NRS 458.055 is hereby amended to read as follows:

    458.055  1.  To preserve the confidentiality of any information

concerning persons applying for or receiving any services pursuant

to NRS 458.010 to 458.350, inclusive, and section 2 of this act the

Health Division may establish and enforce rules governing the

confidential nature, custody, use and preservation of the records,

files and communications filed with the Health Division.

    2.  Wherever information concerning persons applying for and

receiving any services pursuant to NRS 458.010 to 458.350,

inclusive, and section 2 of this act is furnished to or held by any

other government agency or a public or private institution, the use of

that information by the agency or institution is subject to the rules

established by the Health Division pursuant to subsection 1.

    3.  Except as otherwise provided in NRS 442.300 to 442.330,

inclusive, and 449.705 and chapter 629 of NRS and except for

purposes directly connected with the administration of NRS 458.010

to 458.350, inclusive, and section 2 of this act a person shall not

disclose, use or authorize the disclosure of any confidential

information concerning a person receiving services pursuant to NRS

458.010 to 458.350, inclusive[.] , and section 2 of this act.

    Sec. 6.  NRS 458.097 is hereby amended to read as follows:

    458.097  1.  Money received by the Health Division pursuant

to NRS 369.174 must be used to increase services for the prevention

of alcohol and drug abuse and alcoholism and for the detoxification

and rehabilitation of alcohol and drug abusers. In allocating the

money for the increase of services, the Health Division shall give

priority to:

    [1.] (a) The areas where there exists a shortage of services for

the treatment of alcoholism and alcohol abuse. The Health Division

shall determine the areas of shortage on the basis of data available

from state and local agencies, data contained in the comprehensive

state plan for alcohol and drug abuse programs, and other

appropriate data.

    [2.] (b) The needs of counties to provide [civil] :

        (1) Civil protective custody, pursuant to NRS 458.270, for

persons who are found in public places while under the influence of

alcohol[.] ; and

        (2) Secure detoxification units or other appropriate

facilities for persons who are arrested or taken into custody while

under the influence of a controlled substance.

    [3.] (c) Alcohol and drug abuse programs that are primarily

directed toward the prevention of such abuse.

    2.  As used in this section, “secure detoxification unit” has the

meaning ascribed to it in section 2 of this act.

    Sec. 7.  NRS 458.115 is hereby amended to read as follows:

    458.115  Money to carry out the provisions of NRS 458.010 to

458.350, inclusive, and section 2 of this act must be provided by

direct legislative appropriation from the State General Fund and

paid out on claims as other claims against the State are paid. All

claims must be approved by the Administrator before they are paid.

    Sec. 8.  This bill becomes effective upon passage and approval.

 

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