NRS: CHAPTER 435 - PERSONS WITH INTELLECTUAL DISABILITIES AND DEVELOPMENTAL DISABILITIES

[Rev. 6/29/2024 4:05:48 PM--2023]

CHAPTER 435 - PERSONS WITH INTELLECTUAL DISABILITIES AND DEVELOPMENTAL DISABILITIES

GENERAL PROVISIONS

NRS 435.005 Applicability of chapter.

NRS 435.006 Person’s legal rights; application of various provisions of chapter 433 of NRS and all of chapter 433A of NRS to persons with intellectual disabilities.

NRS 435.007 Definitions.

NRS 435.009 Policy concerning persons with intellectual disabilities and developmental disabilities.

CARE AND EDUCATION OF CHILDREN WITH INTELLECTUAL DISABILITIES AND CHILDREN WITH DEVELOPMENTAL DISABILITIES BY COUNTY

NRS 435.010 County commissioners to make provision for support, education and care of children.

NRS 435.020 Children entitled to provision of support, education, care and transportation by county commissioners.

NRS 435.030 Application for services; certificate of county commissioners; transportation of child.

RESIDENTIAL FACILITIES FOR GROUPS OF PERSONS WITH INTELLECTUAL DISABILITIES AND PERSONS WITH DEVELOPMENTAL DISABILITIES

NRS 435.060 Operation of facilities by Division.

NRS 435.070 Administration of facilities; regulations.

NRS 435.077 Regulations for transfer of persons from one facility to another; discharge or leave; notice to committing court.

NRS 435.081 Admission of persons to division facility; examination or evaluation of persons without admission; discharge of persons voluntarily admitted.

NRS 435.085 Transfer of person from division facility to hospital; payment of expenses.

NRS 435.090 Responsibility of estate, parent or guardian for support of child committed to division facility; recovery by legal action.

NRS 435.100 Continuation or initiation of contributions for support upon transfer of person from one division facility to another.

NRS 435.110 Agreement for contributions of support between Division and parents or guardian of child admitted to division facility upon request; recovery by legal action; payments from estate of child.

NRS 435.115 Schedule of fees for services.

NRS 435.120 Disposition of money collected by Division.

INTELLECTUAL AND DEVELOPMENTAL DISABILITY CENTERS

NRS 435.121 Types of admission; forms for admission.

NRS 435.122 Voluntary admission.

NRS 435.123 Involuntary admission: Petition to district court; certificate of professional who examined person stating conclusions.

NRS 435.124 Involuntary admission: Hearing on petition; notice.

NRS 435.125 Involuntary admission: Examination or evaluation of person.

NRS 435.126 Involuntary admission: Right to counsel; appointment of counsel; compensation of appointed counsel.

NRS 435.127 Involuntary admission: Evidence; rights of person.

NRS 435.128 Involuntary admission: Findings and order; expiration and renewal of certificate of eligibility for involuntary admission.

NRS 435.129 Discharge of consumer; notice to consumer, consumer’s representative and court.

JOBS AND DAY TRAINING SERVICES

NRS 435.130 Declaration of legislative intent.

NRS 435.140 Definitions.

NRS 435.172 “Certificate” defined.

NRS 435.174 “Competitive integrated employment” defined. [Effective January 1, 2025, through December 31, 2027.]

NRS 435.176 “Jobs and day training services” defined.

NRS 435.179 “Nonprofit organization” defined.

NRS 435.220 Regulations; agreements with public and private agencies for provision of services; preference to agency that provides certain training and experience. [Effective through December 31, 2024.]

NRS 435.220 Regulations; agreements with public and private agencies for provision of services; preference to agency that provides certain training and experience. [Effective January 1, 2025.]

NRS 435.225 Certificate required to provide services; application for issuance or renewal of certificate to include provision regarding preference for employment. [Effective through December 31, 2024.]

NRS 435.225 Certificate required to provide services; application for issuance or renewal of certificate to include provision regarding preference for employment. [Effective January 1, 2025.]

NRS 435.227 Conditions of certification.

NRS 435.229 Application for renewal of certificate to include information relating to state business license; renewal of certificate prohibited in certain circumstances.

NRS 435.235 Division authorized to conduct investigations; employment of personnel.

NRS 435.241 Division authorized to bring action to enjoin provision of services.

NRS 435.245 Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duties of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 435.247 Application for issuance of certificate: Social security number required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 435.249 Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 435.270 Gifts and grants of money: Use; deposit.

NRS 435.305 Conditions under which provider of services may enter into arrangement to provide for employment of person under 25 years of age for less than state minimum wage; regulations concerning documentation. [Effective through December 31, 2024.]

NRS 435.307 Transition plan for workers earning less than state minimum wage; regulations. [Effective January 1, 2025, through December 31, 2027.]

NRS 435.309 Advocacy by third party for certain workers earning less than state minimum wage. [Effective January 1, 2025, through December 31, 2027.]

NRS 435.310 Contract between provider of services and county and school officials and public and private agencies; prohibition against certain contracts. [Effective through December 31, 2027.]

NRS 435.310 Contract between provider of services and county and school officials and public and private agencies; prohibition against certain contracts. [Effective January 1, 2028.]

SUPPORTED LIVING ARRANGEMENT SERVICES

NRS 435.3305 Definitions.

NRS 435.331 “Certificate” defined.

NRS 435.3315 “Supported living arrangement services” defined.

NRS 435.332 Certificate required to provide services; holder authorized to provide services to certain persons.

NRS 435.333 Regulations; agreements with public and private agencies for provision of services.

NRS 435.3335 Application for renewal of certificate to include information relating to state business license; renewal of certificate prohibited in certain circumstances.

NRS 435.334 Fees for certificate.

NRS 435.335 Division authorized to conduct investigations; employment of personnel.

NRS 435.336 Division authorized to bring action to enjoin provision of services.

NRS 435.337 Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duties of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 435.338 Application for issuance of certificate: Social security number required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 435.339 Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

MISCELLANEOUS PROVISIONS

NRS 435.3395 Petition for review of criminal history to determine if person is disqualified from obtaining certificate; Division to develop and implement process for submitting petition; requirements; fees; quarterly reports.

NRS 435.340 Legal capacity of person with an intellectual disability or person with a developmental disability unimpaired unless adjudicated incapacitated.

NRS 435.350 Rights of person admitted to division facility.

NRS 435.360 Responsibility for costs of care and treatment of person 18 years of age or older.

NRS 435.365 Assistance to parent or other relative caring for certain persons with intellectual disabilities or developmental disabilities or young child with certain developmental delays: Eligibility; regulations; waiting list; final administrative decision.

NRS 435.370 Programs for residential placement and foster care by families.

NRS 435.375 Cooperative agreement with Rehabilitation Division to provide long-term support; regulations.

NRS 435.380 Intellectual and Developmental Disability Gift Account.

NRS 435.390 Canteen for division facility: Establishment and operation.

DIVISION OF PUBLIC AND BEHAVIORAL HEALTH

Facilities of Division

NRS 435.400 Designation.

Personnel of Division

NRS 435.410 Administration of facilities of Division.

NRS 435.411 Administrative officer: Qualifications.

NRS 435.412 Administrative officer: Powers and duties.

NRS 435.413 Administrative officer: Other employment prohibited; exceptions.

NRS 435.415 Licensing or certification of certain employees of Division.

NRS 435.420 Proficiency in English language required of certain employees.

NRS 435.425 Program for certification of intellectual and developmental disability technicians.

Powers and Duties

NRS 435.430 Adoption of regulations concerning care and treatment by public and private facilities and to promote programs.

NRS 435.435 Adoption of regulations concerning abuse and neglect of consumers.

NRS 435.440 Adoption of regulations concerning consumers.

NRS 435.442 Training and education concerning sexual abuse.

NRS 435.445 Inspection of facility.

NRS 435.450 Division facility required to forward patient’s medical records upon transfer of patient from facility.

NRS 435.455 Contracts with hospital or other institution for care of persons.

NRS 435.460 Contract with persons professionally qualified in field of psychiatric mental health for care of persons.

NRS 435.465 Contracts for cooperation with governmental agencies and others.

NRS 435.470 Involuntary court-ordered admission to private institution not precluded.

NRS 435.475 State not responsible for payment of costs of care and treatment at other facility; exceptions.

Finance

NRS 435.480 Legislative appropriations; payment of claims.

NRS 435.485 Acceptance by Department of money from other sources.

NRS 435.490 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 435.495 Schedule of fees for services rendered through programs supported by State; disposition of receipts; amount of fee for services of facility.

NRS 435.500 Fees of physicians and other professionally qualified employees of facility.

NRS 435.505 Intellectual and developmental disability center revolving accounts.

CONSUMERS

Residence

NRS 435.510 Determination of residence.

NRS 435.515 Reciprocal agreement for returning consumers to legal residence; investigation and report concerning residence.

NRS 435.520 Expenses of returning consumer to legal residence.

NRS 435.525 Compliance with reciprocal agreements; acceptance for admission to division facility.

Consumers’ Rights

NRS 435.530 Definitions.

NRS 435.535 “Administrative officer” defined.

NRS 435.540 “Facility” defined.

NRS 435.545 “Rights” defined.

NRS 435.550 Right to habeas corpus unimpaired.

NRS 435.555 Rights concerning admission and discharge of consumers.

NRS 435.560 Rights concerning involuntary commitment.

NRS 435.565 Personal rights.

NRS 435.570 Rights concerning care, treatment and training.

NRS 435.575 Individualized plan of services for consumer.

NRS 435.580 Basis for decisions, policies, procedures and practices regarding emergency admissions and involuntary court-ordered admissions.

NRS 435.585 Right to information; inspection and copying of records.

NRS 435.590 Medication: Responsibility of psychiatrist and physician; review of methods for administration and custody.

NRS 435.595 Labor by consumer: Conditions; compensation.

NRS 435.600 Rights concerning suspension or violation of rights.

NRS 435.605 Document reflecting receipt of list of rights and explanation of rights.

NRS 435.610 Denial of rights prohibited; exceptions; report; investigation and action by Commission on Behavioral Health; closure of meeting in certain circumstances.

NRS 435.615 Retaliation by officer, director or employee of facility prohibited.

Safekeeping of Consumers’ Money and Other Personal Property

NRS 435.620 Personal deposit funds for consumers.

NRS 435.625 Disposition of personal property of consumer upon death.

NRS 435.630 Disposition of unclaimed personal property of consumer worth more than $100.

NRS 435.635 Disposition of unclaimed personal property of minimal value.

Deaths and Burials

NRS 435.640 Notification of death of consumer; burial.

Unlawful Acts

NRS 435.645 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 435.650 Unlawful sale or transfer of intoxicating beverage on grounds of division facility.

Payment of Costs of Hospitalization and Treatment

NRS 435.655 Liability of certain relatives and estate of person admitted to facility for payment of costs; recovery by legal action.

NRS 435.660 Special agreement for support of consumer adjudicated incapacitated; advance payments.

NRS 435.665 Collection of fees by legal action and other methods.

NRS 435.670 Payment of costs of medical services rendered by person not on staff of facility of Division.

Miscellaneous Provisions

NRS 435.700 Return of prescription drug to dispensing pharmacy for reissuance or transfer of drug; reissuance or transfer of drug by dispensing pharmacy; regulations.

NRS 435.705 Transfer to hospital of Department of Veterans Affairs or other facility; duties of medical director and Commission on Behavioral Health upon objection of consumer.

NRS 435.710 Transfer of nonresident to state of residence.

_________

GENERAL PROVISIONS

NRS 435.005 Applicability of chapter. Unless specifically excluded by law, the provisions of this chapter apply to all facilities within the Division offering services to persons with intellectual disabilities or persons with developmental disabilities.

(Added to NRS by 1975, 1625; A 1999, 2594; 2013, 669; 2017, 2810)

NRS 435.006 Person’s legal rights; application of various provisions of chapter 433 of NRS and all of chapter 433A of NRS to persons with intellectual disabilities.

1. Nothing in this chapter purports to deprive any person of any legal rights without due process of law.

2. Unless the context clearly indicates otherwise, the provisions of NRS 433.545 to 433.551, inclusive, and chapter 433A of NRS apply to all persons subject to the provisions of this chapter.

(Added to NRS by 2015, 57)

NRS 435.007 Definitions. As used in this chapter, unless the context otherwise requires:

1. “Administrative officer” means a person with overall executive and administrative responsibility for those state or nonstate intellectual and developmental disability centers designated by the Administrator.

2. “Administrator” means the Administrator of the Division.

3. “Child” means any person under the age of 18 years who may be eligible for intellectual disability services or developmental disability services.

4. “Department” means the Department of Health and Human Services.

5. “Developmental disability” means autism, cerebral palsy, epilepsy, a fetal alcohol spectrum disorder or any other neurological condition diagnosed by a qualified professional that:

(a) Is manifested before the person affected attains the age of 22 years;

(b) Is likely to continue indefinitely;

(c) Results in substantial functional limitations, as measured by a qualified professional, in three or more of the following areas of major life activity:

(1) Taking care of oneself;

(2) Understanding and use of language;

(3) Learning;

(4) Mobility;

(5) Self-direction; and

(6) Capacity for independent living; and

(d) Results in the person affected requiring a combination of individually planned and coordinated services, support or other assistance that is lifelong or has an extended duration.

6. “Director of the Department” means the administrative head of the Department.

7. “Division” means the Aging and Disability Services Division of the Department.

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

9. “Fetal alcohol spectrum disorder” has the meaning ascribed to it in NRS 432B.0655.

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

11. “Intellectual and developmental disability center” means an organized program for providing appropriate services and treatment to persons with intellectual disabilities and persons with developmental disabilities. An intellectual and developmental disability center may include facilities for residential treatment and training.

12. “Medical director” means the chief medical officer of any program of the Division for persons with intellectual disabilities or developmental disabilities.

13. “Mental illness” has the meaning ascribed to it in NRS 433.164.

14. “Parent” means the parent of a child. The term does not include the parent of a person who has attained the age of 18 years.

15. “Person” includes a child and any other consumer with an intellectual disability and a child or any other consumer with a developmental disability who has attained the age of 18 years.

16. “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

17. “Residential facility for groups” means a structure similar to a private residence which will house a small number of persons in a homelike atmosphere.

18. “Training” means a program of services directed primarily toward enhancing the health, welfare and development of persons with intellectual disabilities or persons with developmental disabilities through the process of providing those experiences that will enable the person to:

(a) Develop his or her physical, intellectual, social and emotional capacities to the fullest extent;

(b) Live in an environment that is conducive to personal dignity; and

19. “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, 1617; A 1979, 1325; 1981, 1579; 1985, 1761; 1999, 2594; 2011, 435; 2013, 669, 3032; 2017, 2810; 2023, 1751)

NRS 435.009 Policy concerning persons with intellectual disabilities and developmental disabilities. It is the policy of this State that persons with intellectual disabilities and persons with developmental disabilities:

1. Receive services in a considerate and respectful manner;

2. Are recognized as individuals before recognizing the disabilities of the persons; and

3. Are to be referred to using language which is commonly viewed as respectful and which refers to the person before referring to his or her disability.

(Added to NRS by 2011, 2600; A 2017, 2812)

CARE AND EDUCATION OF CHILDREN WITH INTELLECTUAL DISABILITIES AND CHILDREN WITH DEVELOPMENTAL DISABILITIES BY COUNTY

NRS 435.010 County commissioners to make provision for support, education and care of children.

1. The boards of county commissioners of the various counties shall make provision for the support, education and care of the children with intellectual disabilities and children with developmental disabilities of their respective counties.

2. For that purpose, they are empowered to make all necessary contracts and agreements to carry out the provisions of this section and NRS 435.020 and 435.030. Any such contract or agreement may be made with any responsible person or facility in or without the State of Nevada.

3. The provisions of this section and NRS 435.020 and 435.030 supplement the services which other political subdivisions or agencies of the State are required by law to provide, and do not supersede or relieve the responsibilities of such political subdivisions or agencies.

[1:77:1929; NCL § 1057]—(NRS A 1969, 447; 1975, 1618; 1999, 2595; 2005, 22nd Special Session, 53; 2013, 670; 2017, 2812)

NRS 435.020 Children entitled to provision of support, education, care and transportation by county commissioners. All children with intellectual disabilities and children with developmental disabilities are entitled to benefits under this section and NRS 435.010 and 435.030:

1. Who are unable to pay for their support and care;

2. Whose parents, relatives or guardians are unable to pay for their support and care; and

3. If division facilities are to be utilized, whom the Division recognizes as proper subjects for services within such division facilities.

[Part 3:77:1929; NCL § 1059]—(NRS A 1959, 551; 1973, 1635; 1975, 1618; 1999, 2595; 2005, 22nd Special Session, 54; 2013, 670; 2017, 2812)

NRS 435.030 Application for services; certificate of county commissioners; transportation of child.

1. A parent, relative, guardian or nearest friend of any child with an intellectual disability or any child with a developmental disability who is a resident of this State may file with the board of county commissioners of the proper county an application under oath stating:

(a) That the child meets the criteria set forth in NRS 435.020; and

(b) That the child requires services not otherwise required by law to be provided to the child by any other county, political subdivision or agency of this or any other state.

2. If the board of county commissioners is satisfied that the statements made in the application are true, the board shall issue a certificate to that effect.

3. The board of county commissioners shall make necessary arrangements for the transportation of a child with an intellectual disability or a child with a developmental disability to any responsible person or facility to be utilized pursuant to contract or agreement as designated in NRS 435.010 at the expense of the county.

4. A certificate of the board of county commissioners, when produced, shall be the authority of any responsible person or facility in or without the State of Nevada under contract with the board of county commissioners to receive any such child.

[Part 2:77:1929; NCL § 1058] + [Part 3:77:1929; NCL § 1059]—(NRS A 1969, 447; 1975, 1618; 1999, 2595; 2013, 670; 2017, 2812)

RESIDENTIAL FACILITIES FOR GROUPS OF PERSONS WITH INTELLECTUAL DISABILITIES AND PERSONS WITH DEVELOPMENTAL DISABILITIES

NRS 435.060 Operation of facilities by Division. The Division may operate a residential facility for groups to care for and maintain persons with intellectual disabilities or persons with developmental disabilities until such a person is able to reside in an appropriate community-based setting that is not a facility.

(Added to NRS by 1967, 1259; A 1969, 923; 1975, 1619; 1985, 1761; 1999, 2596; 2013, 671; 2017, 2815; 2021, 579)

NRS 435.070 Administration of facilities; regulations. The Division is responsible for the administration of all residential facilities for groups established pursuant to NRS 435.060 to 435.120, inclusive, and may enter into such agreements with public and private agencies and adopt such regulations as it deems necessary for the operation of any facility.

(Added to NRS by 1967, 1259; A 1969, 923; 1975, 1619; 1985, 1761)

NRS 435.077 Regulations for transfer of persons from one facility to another; discharge or leave; notice to committing court.

1. The Administrator shall adopt regulations for the transfer of persons with intellectual disabilities or persons with developmental disabilities from one facility to another facility operated by the Division.

2. Subject to the provisions of subsection 3, when the Administrator or his or her designee determines that it is in the best interest of the person, the Administrator or his or her designee may discharge, or place on convalescent leave, any person with an intellectual disability or a person with a developmental disability in a facility operated by the Division.

3. When a person with an intellectual disability or a person with a developmental disability is committed to a division facility by court order, the committing court must be given 10 days’ notice before the discharge of that person.

(Added to NRS by 1971, 1489; A 1975, 1619; 1981, 895; 1999, 2596; 2013, 671; 2017, 2815)

NRS 435.081 Admission of persons to division facility; examination or evaluation of persons without admission; discharge of persons voluntarily admitted.

1. The Administrator or the Administrator’s designee may receive a person of this State with an intellectual disability or a person of this State with a developmental disability for services in a facility operated by the Division if:

(a) The person is a person with an intellectual disability or a person with a developmental disability and is in need of institutional training and treatment;

(b) Space is available which is designed and equipped to provide appropriate care for the person;

(d) There is written evidence that no less restrictive alternative is available in the person’s community.

2. A person with an intellectual disability or a person with a developmental disability may be accepted at a division facility for emergency evaluation when the evaluation is requested by a court. A person must not be retained pursuant to this subsection for more than 10 working days.

3. A court may order that a person with an intellectual disability or a person with a developmental disability be admitted to a division facility if it finds that admission is necessary because of the death or sudden disability of the parent or guardian of the person. The person must not be retained pursuant to this subsection for more than 45 days. Before the expiration of the 45-day period, the Division shall report to the court its recommendations for placement or treatment of the person. If less restrictive alternatives are not available, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.

4. A child may be received, cared for and examined at a division facility for persons with intellectual disabilities or persons with developmental disabilities for not more than 10 working days without admission, if the examination is ordered by a court having jurisdiction of the minor in accordance with the provisions of NRS 62E.280 and subsection 1 of NRS 432B.560. At the end of the 10 days, the Administrator or the Administrator’s designee shall report the result of the examination to the court and shall detain the child until the further order of the court, but not to exceed 7 days after the Administrator’s report.

5. The parent or guardian of a person believed to be a person with an intellectual disability or a person with a developmental disability may apply to the administrative officer of a division facility to have the person evaluated by personnel of the Division who are experienced in the diagnosis of intellectual disabilities and developmental disabilities. The administrative officer may accept the person for evaluation without admission.

6. If, after the completion of an examination or evaluation pursuant to subsection 4 or 5, the administrative officer finds that the person meets the criteria set forth in subsection 1, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.

7. If, at any time, the parent or guardian of a person admitted to a division facility on a voluntary basis, or the person himself or herself if the person has attained the age of 18 years, requests in writing that the person be discharged, the administrative officer shall discharge the person. If the administrative officer finds that discharge from the facility is not in the person’s best interests, the administrative officer may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.

(Added to NRS by 1971, 1489; A 1973, 115, 1236; 1975, 1620; 1977, 477; 1981, 1579; 1985, 1402; 1989, 397; 1991, 203, 2186; 1993, 2034; 1999, 2596; 2003, 1149; 2013, 671, 3033; 2017, 2815)

NRS 435.085 Transfer of person from division facility to hospital; payment of expenses. The administrative officer of a division facility may authorize the transfer of a person with an intellectual disability or a person with a developmental disability to a hospital for necessary diagnostic, medical or surgical services not available within the Division. All expenses incurred under this section must be paid as follows:

1. In the case of a person with an intellectual disability or person with a developmental disability who is judicially committed, the expenses must be paid by the person’s parents or guardian to the extent of their reasonable financial ability as determined by the Administrator, and the remainder, if any, is a charge upon the county of the last known residence of the person with an intellectual disability or the person with a developmental disability;

2. In the case of a person with an intellectual disability or a person with a developmental disability admitted to a division facility pursuant to NRS 435.010, 435.020 and 435.030, the expenses are a charge upon the county from which a certificate was issued pursuant to subsection 2 of NRS 435.030; and

3. In the case of a person with an intellectual disability or a person with a developmental disability admitted to a division facility upon voluntary application as provided in NRS 435.081, the expenses must be paid by the parents or guardian to the extent of their reasonable financial ability as determined by the Administrator, and for the remainder, if any, the Administrator shall explore all reasonable alternative sources of payment.

(Added to NRS by 1971, 1488; A 1973, 116, 1237; 1975, 1620; 1999, 2597; 2013, 672; 2017, 2816; 2019, 2646)

NRS 435.090 Responsibility of estate, parent or guardian for support of child committed to division facility; recovery by legal action.

1. When any child with an intellectual disability or any child with a developmental disability is committed to a division facility by a court of competent jurisdiction, the court shall examine the parent, parents or guardian of the child regarding the ability of the parent, parents or guardian or the estate of the child to contribute to the care, support and maintenance of the child while residing in the facility.

2. If the court determines that the parent, parents or guardian of the child is able to contribute, it shall enter an order prescribing the amount to be contributed.

3. If the court determines that the estate of the child is able to contribute, it shall enter an order requiring that a guardian of the estate of the child be appointed, if there is none, and that the guardian of the estate contribute the amount prescribed by the court from the estate.

4. If the parent, parents or guardian fail or refuse to comply with the order of the court, the Division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest.

(Added to NRS by 1969, 442; A 1971, 1490; 1975, 1621; 1999, 2598; 2013, 672; 2017, 2817)

NRS 435.100 Continuation or initiation of contributions for support upon transfer of person from one division facility to another.

1. When any person with an intellectual disability or any person with a developmental disability is transferred from one care facility operated by the Division to another care facility operated by the Division, the parent, parents or guardian shall continue to contribute the amount for the care, support and maintenance of the person as may have previously been ordered by the court of competent jurisdiction committing the person.

2. If no such order was entered by the committing court, the Division may petition the court for an order requiring the parent, parents or guardian to contribute.

3. Any order for contribution entered under the provisions of subsection 2 must be entered in the same manner and has the same effect as an order for contribution entered under the provisions of NRS 435.090.

(Added to NRS by 1969, 442; A 1971, 1490; 1975, 1621; 1999, 2598; 2013, 673; 2017, 2817)

1. When any child with an intellectual disability or any child with a developmental disability is admitted to a facility operated by the Division at the request of a parent, parents or guardian, the parent, parents or guardian shall enter into an agreement with the Division providing for the contribution of an amount for the care, support and maintenance of the child as determined by the Division to be reasonable. In determining the amount, the Division shall give consideration to the ability of the parent, parents or guardian to make such a contribution, and may excuse the making of any contribution.

2. If the parent, parents or guardian fail or refuse to perform under the terms of the agreement, the Division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest.

3. If the Division determines that the parent, parents or guardian do not have the ability to contribute an amount sufficient to pay for the care, support and maintenance of the child, but that the estate of the child is able to contribute, the Division may make application to a court of competent jurisdiction for the appointment of a guardian of the estate of the child, if there is none, and for an order requiring the guardian to contribute an amount as determined by the court.

(Added to NRS by 1969, 443; A 1971, 1490; 1975, 1621; 1999, 2598; 2013, 673; 2017, 2817)

NRS 435.115 Schedule of fees for services. The Administrator shall establish a fee schedule, subject to the approval of the Director of the Department, for services rendered to persons with intellectual disabilities and persons with developmental disabilities by the Division.

(Added to NRS by 1971, 1489; A 1973, 1406; 1975, 1622; 1981, 275; 1999, 2599; 2013, 673; 2017, 2818; 2021, 579)

NRS 435.120 Disposition of money collected by Division. Any money collected by the Division under NRS 435.060 to 435.110, inclusive, must be deposited in the State Treasury, accounted for separately by the Division and must be expended for the augmentation of the intellectual disability residential placement function, in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.

(Added to NRS by 1969, 443; A 1971, 1491; 1975, 1622; 1981, 263; 2013, 674)

INTELLECTUAL AND DEVELOPMENTAL DISABILITY CENTERS

NRS 435.121 Types of admission; forms for admission.

1. There are two types of admissions of persons with intellectual disabilities or persons with developmental disabilities to an intellectual and developmental disability center:

(a) Voluntary admission.

(b) Involuntary admission.

2. An application for admission of a person with an intellectual disability or a person with a developmental disability to an intellectual and developmental disability center must be made on a form approved by the Division and the Attorney General. The clerk of each district court in the State shall make the forms available to any person upon request.

(Added to NRS by 1981, 1577; A 1999, 2599; 2013, 674; 2017, 2818)

NRS 435.122 Voluntary admission.

1. Any person with an intellectual disability or any person with a developmental disability may apply to any intellectual and developmental disability center for admission as a voluntary consumer. The person’s parent or guardian or another responsible person may submit the application on his or her behalf.

2. If the person or a responsible party on behalf of the person objects to voluntary admission, the procedure for involuntary admission may be followed.

(Added to NRS by 1981, 1577; A 1999, 2599; 2011, 435; 2013, 674; 2017, 2818)

NRS 435.123 Involuntary admission: Petition to district court; certificate of professional who examined person stating conclusions. Whenever a person is alleged to be a person with an intellectual disability or a person with a developmental disability and is alleged to be a clear and present danger to himself or herself or others, the person’s parent or guardian or another responsible person may initiate proceedings for his or her involuntary admission to an intellectual and developmental disability center by petitioning the district court of the county where the person resides. The petition must be accompanied by a certificate signed by a physician or licensed psychologist experienced in the diagnosis of intellectual disabilities or developmental disabilities, stating that he or she has examined the person within the preceding 30 days and has concluded that the person is a person with an intellectual disability or a person with a developmental disability, has demonstrated that the person is a clear and present danger to himself or herself or to others and is in need of institutional training and treatment.

(Added to NRS by 1981, 1577; A 1989, 1552; 1999, 2599; 2013, 674; 2017, 2818)

NRS 435.124 Involuntary admission: Hearing on petition; notice. Immediately after receiving the petition, the clerk of the district court shall transmit the petition to the district judge, who shall:

1. Determine whether appropriate space and programs are available for the person at the intellectual and developmental disability center to which it is proposed that the person be admitted; and

2. If appropriate space and programs are available, set a time and place for a hearing on the petition.

Ê The hearing must be held within 7 calendar days after the date when the petition was filed. The clerk of the court shall give notice of the hearing to the person who is the subject of the petition, the person’s attorney, if known, the petitioner and the administrative officer of the intellectual and developmental disability center to which it is proposed that the person be admitted.

(Added to NRS by 1981, 1577; A 2013, 674; 2017, 2818)

NRS 435.125 Involuntary admission: Examination or evaluation of person.

1. After the petition is filed, the court may cause a physician or licensed psychologist promptly to examine the person who is the subject of the petition or request an evaluation from the intellectual and developmental disability center to which it is proposed the person be admitted. Any physician or licensed psychologist requested by the court to conduct such an examination must be experienced in the diagnosis of intellectual disabilities and developmental disabilities. The examination or evaluation must indicate whether the person is or is not a person with an intellectual disability or a person with a developmental disability and whether the person is or is not in need of institutional training and treatment.

2. The court may allow the person alleged to be a person with an intellectual disability or a person with a developmental disability to remain at his or her place of residence pending any ordered examination and to return upon completion of the examination. One or more of the person’s relatives or friends may accompany the person to the place of examination.

(Added to NRS by 1981, 1578; A 1989, 1552; 1999, 2600; 2013, 675; 2017, 2819)

NRS 435.126 Involuntary admission: Right to counsel; appointment of counsel; compensation of appointed counsel.

1. The person alleged to be a person with an intellectual disability or a person with a developmental disability, or any relative or friend acting on the person’s behalf, is entitled to retain counsel to represent him or her in any proceeding before the district court relating to his or her involuntary admission to an intellectual and developmental disability center.

2. If counsel has not been retained, the court, before proceeding, shall advise the person and the person’s guardian, or closest living relative if such a relative can be located, of the person’s right to have counsel.

3. If the person fails or refuses to secure counsel, the court shall appoint counsel to represent the person. If the person is indigent, the counsel appointed may be the public defender.

4. Any counsel appointed by the court is entitled to fair and reasonable compensation for his or her services. The compensation must be charged against the property of the person for whom the counsel was appointed. If the person is indigent, the compensation must be charged against the county in which the person alleged to be a person with an intellectual disability or a person with a developmental disability last resided.

(Added to NRS by 1981, 1578; A 1999, 2600; 2013, 675; 2017, 2819)

NRS 435.127 Involuntary admission: Evidence; rights of person. In proceedings for involuntary admission of a person to an intellectual and developmental disability center:

1. The court shall hear and consider all relevant evidence, including the certificate, signed by a physician or licensed psychologist, which accompanied the petition and the testimony of persons who conducted examinations or evaluations ordered by the court after the petition was filed.

2. The person must be present and has the right to testify, unless the physician or licensed psychologist who signed the certificate, or who examined the person as ordered by the court, is present and testifies that the person is so severely disabled that he or she is unable to be present.

3. The person may obtain independent evaluation and expert opinion at his or her own expense, and may summon other witnesses.

(Added to NRS by 1981, 1578; A 1989, 1553; 2013, 675; 2017, 2819)

NRS 435.128 Involuntary admission: Findings and order; expiration and renewal of certificate of eligibility for involuntary admission.

1. Upon completion of the proceedings for involuntary admission of a person to an intellectual and developmental disability center, if the court finds:

(a) That the person is a person with an intellectual disability or a person with a developmental disability, has demonstrated that the person is a clear and present danger to himself or herself or others and is in need of institutional training and treatment;

(b) That appropriate space and programs are available at the intellectual and developmental disability center to which it is proposed that the person be admitted; and

(c) That there is no less restrictive alternative to admission to an intellectual and developmental disability center which would be consistent with the best interests of the person,

Ê the court shall by written order certify that the person is eligible for involuntary admission to an intellectual and developmental disability center.

2. A certificate of eligibility for involuntary admission expires 12 months after the date of issuance if the consumer has not been discharged earlier by the procedure provided in NRS 435.129. At the end of the 12-month period, the administrative officer of the intellectual and developmental disability center may petition the court to renew the certificate for an additional period of not more than 12 months. Each petition for renewal must set forth the specific reasons why further treatment is required. A certificate may be renewed more than once.

(Added to NRS by 1981, 1578; A 1999, 2600; 2011, 435; 2013, 676; 2017, 2820)

NRS 435.129 Discharge of consumer; notice to consumer, consumer’s representative and court.

1. If the administrative officer of an intellectual and developmental disability center finds that a consumer is no longer in need of the services offered at the center, the administrative officer shall discharge that consumer.

2. A written notice of the discharge must be given to the consumer and the consumer’s representatives at least 10 days before the discharge.

3. If the consumer was admitted involuntarily, the Administrator shall, at least 10 days before the discharge, notify the district court which issued the certificate of eligibility for the person’s admission.

(Added to NRS by 1981, 1579; A 2011, 436; 2013, 676; 2017, 2820)

JOBS AND DAY TRAINING SERVICES

NRS 435.130 Declaration of legislative intent. The intent of the Legislature in the enactment of NRS 435.130 to 435.310, inclusive, is to aid persons with intellectual disabilities and persons with developmental disabilities who are not served by existing programs in receiving high quality care and training in an effort to increase independence.

(Added to NRS by 1969, 1008; A 1975, 1622; 1999, 2601; 2009, 2236; 2013, 676; 2017, 2820; 2021, 579)

NRS 435.140 Definitions. As used in NRS 435.130 to 435.310, inclusive, unless the context otherwise requires, the words and terms defined in NRS 435.172 to 435.179, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1969, 1008; A 1975, 1622; 2009, 2236; 2011, 2130; 2013, 2730; 2017, 2820; 2023, 2951)

NRS 435.172 “Certificate” defined. “Certificate” means a certificate which authorizes a natural person or entity to provide jobs and day training services and which is issued pursuant to NRS 435.130 to 435.310, inclusive, and the regulations adopted pursuant thereto.

(Added to NRS by 2009, 2234)

NRS 435.174 “Competitive integrated employment” defined. [Effective January 1, 2025, through December 31, 2027.] “Competitive integrated employment” has the meaning ascribed to it in 29 U.S.C. § 705(5).

(Added to NRS by 2023, 2950, effective January 1, 2025)

NRS 435.176 “Jobs and day training services” defined. “Jobs and day training services” means individualized services for day habilitation, prevocational, employment and supported employment:

1. Which are provided:

(a) For compensation;

(b) In a division facility or in the community; and

(c) To a person with an intellectual disability or a person with a developmental disability who is served by the Division; and

2. Which are designed to assist the person in:

(a) Learning or maintaining skills;

(b) Succeeding in paid or unpaid employment;

(d) Contributing to the person’s community.

(Added to NRS by 2009, 2234; A 2013, 676; 2017, 2821)

NRS 435.179 “Nonprofit organization” defined. “Nonprofit organization” means a partnership, firm, corporation or association that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).

(Added to NRS by 2009, 2235)

1. The Administrator shall adopt regulations governing jobs and day training services, including, without limitation, regulations that set forth:

(a) Standards for the provision of quality care and training by providers of jobs and day training services;

(b) The requirements for the issuance and renewal of a certificate; and

(c) The rights of consumers of jobs and day training services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing the complaint.

2. The Division may enter into such agreements with public and private agencies as it deems necessary for the provision of jobs and day training services. Any such agreements must include a provision stating that employment is the preferred service option for all adults of working age.

3. For the purpose of entering into an agreement described in subsection 2, if the qualifications of more than one agency are equal, the Division shall give preference to the agency that will provide persons with intellectual disabilities or persons with developmental disabilities with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that:

(a) Is comparable to employment of persons without intellectual disabilities or persons without developmental disabilities; and

(b) Pays at or above the minimum wage set forth in NRS 608.250.

(Added to NRS by 1969, 1008; A 1971, 678; 2009, 2236; 2015, 57, 2222; 2017, 2821; 2019, 3749)

NRS 435.220 Regulations; agreements with public and private agencies for provision of services; preference to agency that provides certain training and experience. [Effective January 1, 2025.]

1. The Administrator shall adopt regulations governing jobs and day training services, including, without limitation, regulations that set forth:

(a) Standards for the provision of quality care and training by providers of jobs and day training services;

(b) The requirements for the issuance and renewal of a certificate; and

(c) The rights of consumers of jobs and day training services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing the complaint.

(Added to NRS by 1969, 1008; A 1971, 678; 2009, 2236; 2015, 57, 2222; 2017, 2821; 2019, 3749; 2023, 2951, effective January 1, 2025)

1. A partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.

2. A natural person other than a person who is employed by an entity listed in subsection 1 shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.

3. For the purpose of issuing a certificate pursuant to this section, if the qualifications of more than one applicant are equal, the Division shall give preference to the natural person who, or the nonprofit organization, state or local government or agency thereof that, will provide persons with intellectual disabilities or persons with developmental disabilities with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that:

(a) Is comparable to employment of persons without intellectual disabilities or persons without developmental disabilities; and

(b) Pays at or above the minimum wage set forth in NRS 608.250.

4. Each application for the issuance or renewal of a certificate issued pursuant to this section must include a provision stating that employment is the preferred service option for all adults of working age.

(Added to NRS by 2009, 2235; A 2015, 57, 2222; 2017, 2821; 2019, 3750)

NRS 435.225 Certificate required to provide services; application for issuance or renewal of certificate to include provision regarding preference for employment. [Effective January 1, 2025.]

(Added to NRS by 2009, 2235; A 2015, 57, 2222; 2017, 2821; 2019, 3750; 2023, 2952, effective January 1, 2025)

NRS 435.227 Conditions of certification. Before being issued a certificate by the Division pursuant to NRS 435.225 and annually thereafter as a condition of certification, a partnership, firm, corporation or association, including, without limitation, a nonprofit organization, must:

1. Be on file and in good standing with the Secretary of State and organized pursuant to title 7 of NRS; and

2. Submit to the Division any financial documents and statements requested by the Division for the purpose of evaluating the financial solvency of the partnership, firm, corporation or association.

(Added to NRS by 2011, 2129; A 2013, 3035; 2015, 57; 2019, 392)

NRS 435.229 Application for renewal of certificate to include information relating to state business license; renewal of certificate prohibited in certain circumstances.

1. In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

2. A certificate may not be renewed by the Division if:

(a) The applicant fails to submit the information required by subsection 1; or

(b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

(1) Satisfied the debt;

(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

(3) Demonstrated that the debt is not valid.

3. As used in this section:

(a) “Agency” has the meaning ascribed to it in NRS 353C.020.

(b) “Debt” has the meaning ascribed to it in NRS 353C.040.

(Added to NRS by 2013, 2729)

NRS 435.235 Division authorized to conduct investigations; employment of personnel. The Division may:

1. Upon receipt of an application for a certificate, conduct an investigation into the qualifications of the personnel, methods of operation, policies and purposes of any natural person, a partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof proposing to provide jobs and day training services;

2. Upon receipt of a complaint against a natural person, a partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof providing jobs and day training services, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of the personnel, methods of operation, policies, procedures and records of the provider of jobs and day training services; and

3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 435.130 to 435.310, inclusive.

(Added to NRS by 2009, 2235; A 2015, 58)

NRS 435.241 Division authorized to bring action to enjoin provision of services.

1. The Division may bring an action in the name of the State of Nevada to enjoin any natural person, a partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof from providing jobs and day training services:

(a) Without first obtaining a certificate from the Division; or

(b) After the certificate has been revoked or suspended by the Division.

2. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, provide jobs and day training services without a certificate.

(Added to NRS by 2009, 2235; A 2015, 58)

1. A natural person who applies for the issuance or renewal of a certificate must submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Division shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or

(b) A separate form prescribed by the Division.

3. A certificate may not be issued or renewed by the Division if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 2009, 2235)

(Added to NRS by 2009, 2236)

1. If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a natural person who is the holder of a certificate, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date the court order was issued unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Division shall reinstate a certificate that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 2009, 2236)

NRS 435.270 Gifts and grants of money: Use; deposit.

1. All gifts or grants of money which the Division is authorized to accept must be spent in accordance with the provisions of the gift or grant. In the absence of such provisions, the Division must spend the money for the purpose approved by the Interim Finance Committee.

2. All such money must be deposited in the State Treasury in a separate account in the Department of Health and Human Services’ Gift Fund.

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

(Added to NRS by 1969, 1010; A 1971, 680; 1979, 623; 1981, 78)

1. Except as otherwise provided in subsection 3, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, may enter into a contract or other arrangement with any person or governmental entity to provide for the employment of a person under 25 years of age under which the person will be paid less than the state minimum wage if the person was employed on July 22, 2016, by an entity that holds a valid certificate pursuant to 29 U.S.C. § 214(c) or, before beginning such employment, the person has:

(a) Received preemployment transition services available under the provisions of 29 U.S.C. § 733 or transition services under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;

(b) Received career counseling, information and referrals to federal and state programs and other resources in the geographic area in which the person resides that offer services and supports that are designed to enable the person to attain competitive integrated employment and meet the requirements of subsection 2; and

(c) Applied for vocational rehabilitation services under the provisions of 29 U.S.C. §§ 720 to 751, inclusive, and been found:

(1) Ineligible for such services; or

(2) Eligible for such services and:

(I) Has an individualized plan for employment pursuant to 29 U.S.C. § 722;

(II) Has been working, with appropriate supports and services, toward an employment outcome specified in that plan without success; and

(III) The person’s vocational rehabilitation case has been closed.

2. Counseling, information, referrals, services and supports provided pursuant to paragraph (b) of subsection 1 must not be provided to a person for the purpose of obtaining employment compensated at less than the state minimum wage.

3. A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, shall not enter into a contract or other arrangement described in subsection 1 with a local educational agency.

4. Except as otherwise provided in subsection 5, if a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, enters into a contract or other arrangement described in subsection 1:

(a) The Division shall, at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment, provide the person employed pursuant to the arrangement with career counseling, information and referrals as described in paragraph (b) of subsection 1 in a manner that facilitates independent decisions and informed choice; and

(b) The employer of the person shall, at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment, inform the person of opportunities in the geographic area in which the person resides to receive training concerning self-advocacy, self-determination and peer mentoring that is provided by a person or entity that does not have a financial interest in the employment outcome of the person.

5. If a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, enters into a contract or other arrangement described in subsection 1 with a business with fewer than 15 employees, the business may satisfy the requirements of subsection 4 by referring a person employed pursuant to the arrangement to the Division for the services described in that subsection at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment.

6. The Division, in consultation with the Department of Education, shall adopt regulations prescribing the manner in which compliance with the requirements of subsections 1 and 4 may be documented.

7. An employer who employs a person pursuant to a contract or other arrangement described in subsection 1 shall:

(a) Before the employment begins, verify that the person meets the requirements of subsection 1 by reviewing the documentation prescribed for that purpose pursuant to subsection 6;

(b) For the duration of the employment:

(1) Verify that the person has received the services required by subsection 4 by reviewing the documentation prescribed for that purpose pursuant to subsection 6; and

(2) Maintain on file a copy of the documentation reviewed pursuant to subparagraph (1) and paragraph (a).

8. The Division may inspect the documentation maintained pursuant to subparagraph (2) of paragraph (b) of subsection 7 as necessary to ensure compliance with the requirements of this section.

9. As used in this section:

(a) “Competitive integrated employment” has the meaning ascribed to it in 29 U.S.C. § 705.

(b) “Local educational agency” has the meaning ascribed to it in 20 U.S.C. § 1401(19).

(Added to NRS by 2017, 2808)

(a) Employed on July 22, 2016, by an entity that holds a valid certificate pursuant to 29 U.S.C. § 214(c); or

(b) Before beginning such employment, the person has:

(1) Received preemployment transition services available under the provisions of 29 U.S.C. § 733 or transition services under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;

(2) Received career counseling, information and referrals to federal and state programs and other resources in the geographic area in which the person resides that offer services and supports that are designed to enable the person to attain competitive integrated employment and meet the requirements of subsection 2; and

(3) Applied for vocational rehabilitation services under the provisions of 29 U.S.C. §§ 720 to 751, inclusive, and been found:

(I) Ineligible for such services; or

(II) Eligible for such services and has an individualized plan for employment pursuant to 29 U.S.C. § 722, has been working, with appropriate supports and services, toward an employment outcome specified in that plan without success and the person’s vocational rehabilitation case has been closed.

2. Counseling, information, referrals, services and supports provided pursuant to subparagraph (2) of paragraph (b) of subsection 1 must not be provided to a person for the purpose of obtaining employment compensated at less than the state minimum wage.

(a) The Division shall, at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment, provide the person employed pursuant to the arrangement with career counseling, information and referrals as described in subparagraph (2) of paragraph (b) of subsection 1 in a manner that facilitates independent decisions and informed choice; and

6. The Division, in consultation with the Department of Education, shall adopt regulations prescribing the manner in which compliance with the requirements of subsections 1 and 4 may be documented.

7. An employer who employs a person pursuant to a contract or other arrangement described in subsection 1 shall:

(a) Before the employment begins, verify that the person meets the requirements of subsection 1 by reviewing the documentation prescribed for that purpose pursuant to subsection 6;

(b) For the duration of the employment:

(1) Verify that the person has received the services required by subsection 4 by reviewing the documentation prescribed for that purpose pursuant to subsection 6; and

(2) Maintain on file a copy of the documentation reviewed pursuant to subparagraph (1) and paragraph (a).

8. The Division may inspect the documentation maintained pursuant to subparagraph (2) of paragraph (b) of subsection 7 as necessary to ensure compliance with the requirements of this section.

(Added to NRS by 2017, 2808; A 2023, 2952, effective January 1, 2025; R 2023, 2958, effective January 1, 2028.)

NRS 435.307 Transition plan for workers earning less than state minimum wage; regulations. [Effective January 1, 2025, through December 31, 2027.]

1. On or before January 1 of each year, a provider of jobs and day training services that holds a valid certificate issued pursuant to 29 U.S.C. § 214(c) authorizing the provider of jobs and day training services to pay less than the state minimum wage in effect on that date shall submit to the Division for its approval a plan detailing the manner in which the provider of jobs and day training services will:

(a) Transition such persons from earning less than the state minimum wage to earning at least the state minimum wage by January 1, 2028, or support such persons in obtaining competitive integrated employment, supported employment or community activities related to the goals of the persons; and

(b) Assist such persons to participate in unpaid activities that are not related to employment.

2. A plan submitted pursuant to subsection 1 must be informed by evidence-based practices and models for providing effective employment and align with any applicable federal laws and regulations. Such a plan must be accompanied by a report that contains for each person who is earning less than the state minimum wage under a valid certificate issued pursuant to 29 U.S.C. § 214(c), measurable benchmarks to show the progress the provider of jobs and day training services is making toward:

(a) Transitioning the person to earning at least the state minimum wage or supporting the person in pursuing competitive integrated employment, supported employment or community activities related to the goals of the person; and

(b) Assisting the person to participate in unpaid activities that are not related to employment.

3. If the Division determines that a plan submitted pursuant to this section does not meet the requirements of this section or will not make adequate progress towards the goals prescribed by subsection 1, the Division shall require the provider of jobs and day training services to submit a revised plan.

4. The Division may adopt any regulations necessary to carry out the provisions of this section and NRS 435.309.

5. As used in this section, “supported employment” has the meaning ascribed to it in 29 U.S.C. § 705(38).

(Added to NRS by 2023, 2950, effective January 1, 2025)

NRS 435.309 Advocacy by third party for certain workers earning less than state minimum wage. [Effective January 1, 2025, through December 31, 2027.]

1. A person with an intellectual disability or person with a developmental disability who is earning less than the state minimum wage under a valid certificate issued pursuant to 29 U.S.C. § 214(c) may choose a person, including, without limitation, his or her case manager, parent or legal guardian, to advocate on his or her behalf at any meeting concerning the employment with his or her employer or a member of the staff of the provider of jobs and day training services.

2. Upon request of a person with an intellectual disability or person with a developmental disability, the Division shall assist the person in finding an independent advocate to perform the functions described in subsection 1.

(Added to NRS by 2023, 2951, effective January 1, 2025)

NRS 435.310 Contract between provider of services and county and school officials and public and private agencies; prohibition against certain contracts. [Effective through December 31, 2027.] A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive:

1. Except as otherwise provided in subsection 2, may enter into contracts with authorized county and school officials and public and private agencies to give care and training to persons with intellectual disabilities or persons with developmental disabilities who would also qualify for care or training programs offered by the public schools or by county welfare programs.

2. Except as otherwise provided in NRS 435.305, shall not enter into a contract or other arrangement with any person or governmental entity to provide for the employment of a person under 25 years of age where the person will be paid less than the state minimum wage.

(Added to NRS by 1969, 1011; A 2009, 2237; 2013, 677; 2017, 2822)

NRS 435.310 Contract between provider of services and county and school officials and public and private agencies; prohibition against certain contracts. [Effective January 1, 2028.] A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive:

2. Shall not enter into a contract or other arrangement with any person or governmental entity to provide for the employment of a person where the person will be paid less than the state minimum wage.

(Added to NRS by 1969, 1011; A 2009, 2237; 2013, 677; 2017, 2822; 2023, 2954, effective January 1, 2028)

SUPPORTED LIVING ARRANGEMENT SERVICES

NRS 435.3305 Definitions. As used in NRS 435.3305 to 435.339, inclusive, unless the context otherwise requires, the words and terms defined in NRS 435.331 and 435.3315 have the meanings ascribed to them in those sections.

(Added to NRS by 2005, 1376; A 2013, 2730)

NRS 435.331 “Certificate” defined. “Certificate” means a certificate to provide supported living arrangement services that is issued pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive.

(Added to NRS by 2005, 1376)

NRS 435.3315 “Supported living arrangement services” defined. “Supported living arrangement services” means flexible, individualized services provided in the home, for compensation, to a person with an intellectual disability or a person with a developmental disability who is served by the Division that are designed and coordinated to assist the person in maximizing the person’s independence, including, without limitation, training and habilitation services.

(Added to NRS by 2005, 1377; A 2013, 677; 2017, 2822)

NRS 435.332 Certificate required to provide services; holder authorized to provide services to certain persons.

1. No partnership, firm, corporation, association, state or local government or agency thereof may provide supported living arrangement services in this State without first obtaining a certificate from the Division.

2. No natural person other than a person who is employed by an entity listed in subsection 1 may provide supported living arrangement services in this State without first obtaining a certificate from the Division.

3. The holder of a certificate to provide supported living arrangement services may provide such services to any person with a primary diagnosis of an intellectual disability or developmental disability, including, without limitation, such a person who has a secondary diagnosis other than an intellectual disability or developmental disability. Such a secondary diagnosis may include, without limitation, a secondary diagnosis of a mental illness.

(Added to NRS by 2005, 1377; A 2019, 198)

NRS 435.333 Regulations; agreements with public and private agencies for provision of services.

1. The Administrator shall adopt regulations governing supported living arrangement services, including, without limitation, regulations that set forth:

(a) Standards for the provision of quality care by providers of supported living arrangement services;

(b) The requirements for the issuance and renewal of a certificate to provide supported living arrangement services; and

(c) The rights of consumers of supported living arrangement services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing such a complaint.

2. The Division may enter into such agreements with public and private agencies as it deems necessary for the provision of supported living arrangement services.

3. For each regulation adopted pursuant to NRS 435.3305 to 435.339, inclusive, and submitted to the Legislative Counsel pursuant to NRS 233B.067 for review by the Legislative Commission, the Division shall set forth in the informational statement prepared pursuant to NRS 233B.066 that accompanies the regulation any supported living arrangement services that the regulation authorizes persons to provide pursuant to NRS 632.316 when the persons would otherwise be prohibited from providing such services pursuant to NRS 632.315.

(Added to NRS by 2005, 1377; A 2015, 59)

NRS 435.3335 Application for renewal of certificate to include information relating to state business license; renewal of certificate prohibited in certain circumstances.

2. A certificate may not be renewed by the Division if:

(a) The applicant fails to submit the information required by subsection 1; or

(1) Satisfied the debt;

(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

(3) Demonstrated that the debt is not valid.

3. As used in this section:

(a) “Agency” has the meaning ascribed to it in NRS 353C.020.

(b) “Debt” has the meaning ascribed to it in NRS 353C.040.

(Added to NRS by 2013, 2730)

NRS 435.334 Fees for certificate.

1. The Division may, by regulation, prescribe a fee for:

(a) The issuance of a certificate; and

(b) The renewal of a certificate.

2. A fee prescribed pursuant to subsection 1 must be calculated to produce the revenue estimated to cover the costs related to the certifications and renewals, but in no case may a fee for a certificate or renewal of a certificate exceed the actual cost to the Division of issuing or renewing the certificate, as applicable.

(Added to NRS by 2005, 1377)

NRS 435.335 Division authorized to conduct investigations; employment of personnel. The Division may:

1. Upon receipt of an application for a certificate, conduct an investigation into the qualifications of personnel, methods of operation, policies and purposes of any natural person, partnership, firm, corporation, association, state or local government or agency thereof proposing to provide supported living arrangement services;

2. Upon receipt of a complaint against a natural person, partnership, firm, corporation, association, state or local government or agency thereof providing supported living arrangement services, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of personnel, methods of operation, policies, procedures and records of the provider of services; and

3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 435.3305 to 435.339, inclusive.

(Added to NRS by 2005, 1377)

NRS 435.336 Division authorized to bring action to enjoin provision of services.

1. The Division may bring an action in the name of the State to enjoin any natural person, partnership, firm, corporation, association, state or local government or agency thereof from providing supported living arrangement services:

(a) Without first obtaining a certificate from the Division; or

(b) After the certificate has been revoked or suspended by the Division.

2. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, provide supported living arrangement services without a certificate.

(Added to NRS by 2005, 1378)

2. The Division shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or

(b) A separate form prescribed by the Division.

3. A certificate may not be issued or renewed by the Division if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant to subsection 1; or

(Added to NRS by 2005, 1378)

MISCELLANEOUS PROVISIONS

1. The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate pursuant to this chapter.

2. Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a certificate. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

3. The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

4. A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Division.

5. A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

6. The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

7. The Division may post on its Internet website:

(a) The requirements to obtain a certificate from the Division; and

(b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the Division.

8. The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

(a) The Central Repository for Nevada Records of Criminal History; and

(b) The Federal Bureau of Investigation.

9. A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

10. The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

(a) The number of petitions submitted to the Division pursuant to subsection 1;

(b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

(d) Any other information that is requested by the Director or which the Division determines would be helpful.

11. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

(Added to NRS by 2019, 2912)

NRS 435.340 Legal capacity of person with an intellectual disability or person with a developmental disability unimpaired unless adjudicated incapacitated. Neither voluntary admission nor judicial commitment nor any other procedure provided in this chapter may be construed as depriving a person with an intellectual disability or a person with a developmental disability of the person’s full civil and legal rights by any method other than a separate judicial proceeding resulting in a determination of incapacity wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated.

(Added to NRS by 1975, 1617; A 1999, 2602; 2013, 677; 2017, 2822)

NRS 435.350 Rights of person admitted to division facility.

1. Each person with an intellectual disability and each person with a developmental disability admitted to a division facility is entitled to all rights enumerated in NRS 435.006, 435.565 and 435.570.

2. The Administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of persons with an intellectual disability or persons with a developmental disability. The person designated shall file the regulations with the Administrator.

3. Consumers’ rights specified in NRS 433.482, 433.484, 435.565 and 435.570 may be denied only for cause. Any denial of such rights must be entered in the consumer’s treatment record, and notice of the denial must be forwarded to the Administrator’s designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.

4. Upon receipt of notice of a denial of rights as provided in subsection 3, the Administrator’s designee or designees shall cause a full report to be prepared which sets forth in detail the factual circumstances surrounding the denial. A copy of the report must be sent to the Administrator and the Commission on Behavioral Health.

5. The Commission on Behavioral Health has such powers and duties with respect to reports of denial of rights as are enumerated for the Commission on Behavioral Health in subsection 3 of NRS 435.610.

(Added to NRS by 1975, 1624; A 1981, 895; 1985, 2273; 1999, 2602, 3236; 2011, 436; 2013, 677, 3035; 2015, 59; 2017, 2822)

NRS 435.360 Responsibility for costs of care and treatment of person 18 years of age or older.

1. The relatives of a consumer with an intellectual disability or a consumer with a developmental disability who is 18 years of age or older are not responsible for the costs of the consumer’s care and treatment within a division facility.

2. The consumer or the consumer’s estate, when able, may be required to contribute a reasonable amount toward the costs of the consumer’s care and treatment. Otherwise, the full costs of the services must be borne by the State.

(Added to NRS by 1975, 1624; A 1977, 103; 1981, 1580; 1999, 2602; 2011, 436; 2013, 678; 2017, 2823)

1. To the extent that money is available for that purpose, whenever a person with an intellectual disability or a person with a developmental disability is cared for by a parent or other relative with whom the person lives, that parent or relative is eligible to receive assistance on a monthly basis from the Division for each such person who lives and is cared for in the home if the Division finds that:

(a) The person with an intellectual disability or the person with a developmental disability has been diagnosed as having a profound or severe intellectual disability or developmental disability or, if he or she is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with a profound or severe intellectual disability or a person with a profound or severe developmental disability;

(b) The person with an intellectual disability or the person with a developmental disability is receiving adequate care; and

(c) The person with an intellectual disability or the person with a developmental disability and the parent or other relative with whom the person lives is not reasonably able to pay for his or her care and support.

Ê The amount of the assistance must be established by legislative appropriation for each fiscal year.

2. The Administrator shall adopt regulations:

(a) Which establish a procedure of application for assistance;

(b) For determining the eligibility of an applicant pursuant to subsection 1; and

3. The Administrator shall establish a waiting list for applicants who are eligible for assistance but who are denied assistance because the legislative appropriation is insufficient to provide assistance for all eligible applicants.

4. The decision of the Administrator regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.

(Added to NRS by 1981, 856; A 1985, 289; 1997, 842; 1999, 2603; 2011, 2636; 2013, 678; 2015, 59; 2017, 2823)

NRS 435.370 Programs for residential placement and foster care by families. The Division may make such rules and regulations and enter such agreements with public and private agencies as are deemed necessary to implement residential placement-foster family care programs for persons with intellectual disabilities or persons with developmental disabilities.

(Added to NRS by 1975, 1624; A 1999, 2603; 2013, 678; 2017, 2824)

NRS 435.375 Cooperative agreement with Rehabilitation Division to provide long-term support; regulations.

1. The Division shall enter into a cooperative agreement with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to provide long-term support to persons with intellectual disabilities or persons with developmental disabilities, including, without limitation, jobs and day training services and supported living arrangement services. The agreement must include a provision stating that employment is the preferred service option for all adults of working age.

2. The Administrator may adopt regulations governing the provision of services to persons with intellectual disabilities or persons with developmental disabilities who are unable or unwilling to be employed.

(Added to NRS by 2015, 2222; A 2017, 2824)

NRS 435.380 Intellectual and Developmental Disability Gift Account.

1. All gifts or grants of money which the Division is authorized to accept must be spent in accordance with the provisions of the gift or grant. In the absence of those provisions, the Division must spend the money for the purpose approved by the Interim Finance Committee.

2. All such money must be deposited in the State Treasury to the credit of the Intellectual and Developmental Disability Gift Account in the Department of Health and Human Services’ Gift Fund.

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

(Added to NRS by 1975, 1624; A 1979, 623; 1981, 79; 2013, 679; 2017, 2824)

NRS 435.390 Canteen for division facility: Establishment and operation.

1. The administrative officer of any division facility where persons with intellectual disabilities or persons with developmental disabilities reside may establish a canteen operated for the benefit of consumers and employees of the facility. The administrative officer shall keep a record of transactions in the operation of the canteen.

2. Each canteen must be self-supporting. No money provided by the State may be used for its operation.

3. The respective administrative officers shall deposit the money used for the operation of the canteen in one or more banks or credit unions of reputable standing, except that an appropriate sum may be maintained as petty cash at each canteen.

(Added to NRS by 1979, 146; A 1999, 1498, 2603; 2001, 91; 2011, 436; 2013, 679; 2017, 2824)

DIVISION OF PUBLIC AND BEHAVIORAL HEALTH

Facilities of Division

NRS 435.400 Designation.

1. The division facilities providing services for persons with intellectual disabilities or persons with developmental disabilities are designated as:

(a) Desert Regional Center;

(b) Sierra Regional Center; and

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 2013, 3016; A 2017, 2825)

Personnel of Division

NRS 435.410 Administration of facilities of Division. The provisions of this chapter 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 2013, 3016)

NRS 435.411 Administrative officer: Qualifications. The administrative officer of a facility of the Division must:

1. Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the fields of psychiatry, medicine, psychology, social work, education or administration.

2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to intellectual disabilities and developmental disabilities, including care and treatment of persons with intellectual disabilities and persons with developmental disabilities.

(Added to NRS by 2013, 3030; A 2017, 2825)

NRS 435.412 Administrative officer: Powers and duties. The administrative officers have the following powers and duties, subject to the administrative supervision of the Administrator:

1. To exercise general supervision of and establish regulations for the government of the facilities designated by the Administrator;

2. To be responsible for and supervise the fiscal affairs and responsibilities of the facilities designated by the Administrator;

3. To appoint such medical, technical, clerical and operational staff as the execution of his or her duties, the care and treatment of consumers and the maintenance and operation of the facilities designated by the Administrator may require;

4. To make reports to the Administrator, and to supply the Administrator with material on which to base proposed legislation;

5. To keep complete and accurate records of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his or her office;

6. To inform the public in regard to the activities and operation of the facilities;

7. To invoke any legal, equitable or special procedures for the enforcement of his or her orders or the enforcement of the provisions of this chapter and other statutes governing the facilities;

8. To submit an annual report to the Administrator on the condition, operation, functioning and anticipated needs of the facilities; and

9. To assume responsibility for the nonmedical care and treatment of consumers if that responsibility has not been delegated.

(Added to NRS by 2013, 3030)

NRS 435.413 Administrative officer: Other employment prohibited; exceptions. Except as otherwise provided in NRS 284.143, an administrative officer shall devote his or her entire time to the duties of his or her position and shall have no other gainful employment or occupation, but the administrative officer may attend seminars, act as a consultant and give lectures relating to his or her profession and accept appropriate stipends for the seminars, consultations and lectures.

(Added to NRS by 2013, 3031)

NRS 435.415 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 2013, 3016)

NRS 435.420 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 2013, 3016)

NRS 435.425 Program for certification of intellectual and developmental disability technicians.

1. The Division shall carry out a vocational and educational program for the certification of intellectual and developmental disability technicians, including forensic technicians employed by the Division, or other employees of the Division who perform similar duties, but are classified differently. The program must be carried out in cooperation with the Nevada System of Higher Education.

2. An intellectual and developmental disability 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 an intellectual and developmental disability technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.

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

4. As used in this section, “intellectual and developmental disability technician” means an employee of the Division 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 intellectual disabilities or persons with developmental disabilities 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 2013, 3016; A 2015, 60; 2017, 2825)

Powers and Duties

NRS 435.430 Adoption of regulations concerning care and treatment by public and private facilities and to promote programs.

1. The Administrator shall adopt regulations:

(a) For the care and treatment of persons with intellectual disabilities and persons with developmental disabilities 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 intellectual disabilities and persons with developmental disabilities in this State; and

2. The Administrator may adopt regulations to promote programs relating to intellectual disabilities or developmental disabilities.

(Added to NRS by 2013, 3017; A 2015, 61; 2017, 2826)

NRS 435.435 Adoption of regulations concerning abuse and neglect of consumers. The Administrator 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 435.645;

2. Provide for a more detailed definition of neglect of a consumer of the Division, consistent with the general definition given in NRS 435.645; and

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

(Added to NRS by 2013, 3018; A 2015, 61)

NRS 435.440 Adoption of regulations concerning consumers. The Division may adopt regulations:

1. To define the term “consumer” for the purposes of this chapter.

2. To specify the circumstances under which a consumer is eligible to receive services from the Division pursuant to this chapter, including, but not limited to, care, treatment 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 2013, 3017)

NRS 435.442 Training and education concerning sexual abuse. The Division shall ensure that each facility to which a person with an intellectual disability or a person with a developmental disability is able to be admitted pursuant to this chapter provides:

1. Training to each employee of the facility regarding the protocol that must be followed if the employee becomes aware of any sexual abuse of a person with an intellectual disability or a person with a developmental disability that is admitted to the facility; and

2. Education to each person with an intellectual disability or person with a developmental disability that is admitted to the facility which:

(a) Is appropriate with regard to the level of the person’s intellectual and developmental abilities; and

(b) Explains what sexual abuse is and how to report sexual abuse.

(Added to NRS by 2019, 1915)

NRS 435.445 Inspection of facility. The Division or its designated agent may inspect any division facility providing services for persons with intellectual disabilities or persons with developmental disabilities to determine if the facility is in compliance with the provisions of this chapter and any regulations adopted pursuant thereto.

(Added to NRS by 2013, 3017; A 2017, 2826)

NRS 435.450 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 439.591 or 439.597, 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 2013, 3018)

NRS 435.455 Contracts with hospital or other institution for care of persons. The Division may, by contract with hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of persons with intellectual disabilities or persons with developmental disabilities.

(Added to NRS by 2013, 3017; A 2017, 2826; 2019, 2646)

NRS 435.460 Contract 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 intellectual disabilities or persons with developmental disabilities when it appears that they can be treated best in that manner.

(Added to NRS by 2013, 3017; A 2017, 2826)

NRS 435.465 Contracts for cooperation with governmental agencies and others. For the purposes of this chapter, 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 render services, the payment for which 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.

(Added to NRS by 2013, 3018)

NRS 435.470 Involuntary court-ordered admission to private institution not precluded. Nothing in this chapter precludes the involuntary court-ordered admission of a person with an intellectual disability or a person with a developmental disability to a private institution where such admission is authorized by law.

(Added to NRS by 2013, 3018; A 2017, 2826)

NRS 435.475 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 where, before admission, the Administrator or the Administrator’s designee authorizes the expenditure of state money for such purpose.

(Added to NRS by 2013, 3018)

Finance

NRS 435.480 Legislative appropriations; payment of claims. Money to carry out the provisions of this chapter 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 2013, 3018)

NRS 435.485 Acceptance by Department of money from other sources. For the purposes of this chapter, the Department may accept:

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

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

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

(Added to NRS by 2013, 3019)

NRS 435.490 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 intellectual disabilities or persons with developmental disabilities.

2. The Administrator shall disburse any donations, gifts and grants received pursuant to this section to programs that provide services to persons with intellectual disabilities or persons with developmental disabilities in a manner that supports the plan to coordinate services created by the Commission on Behavioral Health 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 intellectual disabilities or persons with developmental disabilities 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 2013, 3019; A 2017, 2826)

NRS 435.495 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 this chapter. The schedule must be submitted to the Commission on Behavioral Health 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 435.465 for fees collected pursuant to contract or agreement and in NRS 435.120 for fees collected for services to consumers with intellectual disabilities or consumers with developmental disabilities.

2. For a facility providing services for the treatment of persons with intellectual disabilities or persons with developmental disabilities, 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 2013, 3019; A 2017, 2827)

NRS 435.500 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.

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 2013, 3019)

NRS 435.505 Intellectual and developmental disability center revolving accounts. An intellectual and developmental disability center revolving account up to the amount of $5,000 is hereby created for each division intellectual and developmental disability center, and may be used for the payment of bills of the intellectual and developmental disability center 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 intellectual and developmental disability centers on claims as other claims against the State are paid.

(Added to NRS by 2013, 3020; A 2017, 2827)

CONSUMERS

Residence

NRS 435.510 Determination of residence. For the purposes of this chapter, 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 2013, 3020)

NRS 435.515 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 this chapter, with the proper boards, commissioners or officers of other states for the mutual exchange of consumers confined in, admitted or committed to an intellectual or developmental disability 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 this chapter 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 2013, 3020; A 2017, 2827)

NRS 435.520 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 a 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 must 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 must be paid out on claims as other claims against the State are paid.

(Added to NRS by 2013, 3020)

NRS 435.525 Compliance with reciprocal agreements; acceptance for admission to division facility. The Administrator shall:

1. Comply with any agreements made by the Administrator pursuant to NRS 435.515; and

2. Accept for admission to a division facility any resident child of this State for whom written permission for return and admission to a division facility was given by the Administrator pursuant to NRS 435.515.

(Added to NRS by 2013, 3020)

Consumers’ Rights

NRS 435.530 Definitions. As used in NRS 435.530 to 435.615, inclusive, unless the context otherwise requires, the words and terms defined in NRS 435.535, 435.540 and 435.545 have the meanings ascribed to them in those sections.

(Added to NRS by 2013, 3021)

NRS 435.535 “Administrative officer” defined. “Administrative officer” means a person with overall executive and administrative responsibility for a facility that provides services relating to intellectual disabilities or developmental disabilities and that is operated by any public or private entity.

(Added to NRS by 2013, 3021; A 2017, 2828)

NRS 435.540 “Facility” defined. “Facility” means any:

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

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

3. Partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof that enters into a contract with the Division for the care, treatment and training of consumers. As used in this subsection, “nonprofit organization” has the meaning ascribed to it in NRS 435.179.

(Added to NRS by 2013, 3021; A 2015, 61)

NRS 435.545 “Rights” defined. “Rights” includes, without limitation, all rights provided to a consumer pursuant to NRS 435.530 to 435.615, inclusive, and any regulations adopted pursuant thereto.

(Added to NRS by 2013, 3021)

NRS 435.550 Right to habeas corpus unimpaired. This chapter does 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 2013, 3021)

NRS 435.555 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 2013, 3021)

NRS 435.560 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.

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 2013, 3021)

NRS 435.565 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 439.597, 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

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

(Added to NRS by 2013, 3022)

NRS 435.570 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 incapacitated;

(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 motor vehicle crash 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 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 on Behavioral Health shall review the transfer pursuant to subsection 3 of NRS 435.610.

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

(Added to NRS by 2013, 3022; A 2015, 1676)

NRS 435.575 Individualized plan of services for consumer.

1. An individualized written plan of intellectual disability services or developmental disability services must be developed, as applicable, 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 incapacitated.

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 2013, 3023; A 2017, 2828)

NRS 435.580 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 2013, 3024)

NRS 435.585 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 2013, 3024)

NRS 435.590 Medication: Responsibility of psychiatrist and physician; review of methods for administration and custody.

1. The attending psychiatrist or physician is 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 2013, 3024)

NRS 435.595 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;

(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 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 2013, 3024)

NRS 435.600 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 2013, 3025)

NRS 435.605 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 2013, 3025)

NRS 435.610 Denial of rights prohibited; exceptions; report; investigation and action by Commission on Behavioral Health; 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 on Behavioral Health.

3. The Commission on Behavioral Health:

(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;

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

4. Pursuant to NRS 241.030, the Commission on Behavioral Health 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 on Behavioral Health to be closed to the public.

(Added to NRS by 2013, 3025)

NRS 435.615 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 2013, 3026)

Safekeeping of Consumers’ Money and Other Personal Property

NRS 435.620 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 incapacitated 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, savings and loan association or savings bank within this state that is federally insured or insured by a private insurer approved pursuant to NRS 672.755. 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 2013, 3026)

NRS 435.625 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:

(a) The public administrator of the county from which the consumer was admitted; or

(b) If the office of public administrator has been abolished pursuant to NRS 253.125, the person employed or contracted with pursuant to NRS 253.125 to carry out the duties and responsibilities of chapter 253 of NRS in the county from which the consumer was admitted,

Ê as applicable.

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 2013, 3026; A 2019, 1550)

NRS 435.630 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 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 435.625.

(Added to NRS by 2013, 3027)

NRS 435.635 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 2013, 3027)

Deaths and Burials

NRS 435.640 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 must be borne by the relatives. Where there are no known relatives, the cost of burial must be a charge against the State of Nevada, but the cost thereof must 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 2013, 3027)

Unlawful Acts

NRS 435.645 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 facility offering services for persons with intellectual disabilities or persons with developmental disabilities 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 services for consumers with intellectual disabilities or consumers with developmental disabilities 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 facility offering services for persons with intellectual disabilities or persons with developmental disabilities 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.

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 services for persons with intellectual disabilities or persons with developmental disabilities.

(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 2013, 3028; A 2017, 2828)

NRS 435.650 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 2013, 3029)

Payment of Costs of Hospitalization and Treatment

NRS 435.655 Liability of certain relatives and estate of person admitted to facility for payment of costs; recovery by legal action.

1. When a person is admitted to a division facility or hospital under one of the various forms of admission prescribed by law, the parent or legal guardian of a person with an intellectual disability or a person with a developmental disability who is a minor or the spouse of a person with an intellectual disability or a person with a developmental disability, if of sufficient ability, and the estate of the person with an intellectual disability or the person with a developmental disability, if the estate is sufficient for the purpose, shall pay the cost of the maintenance for the person with an intellectual disability or the person with a developmental disability, including treatment and surgical operations, in any hospital in which the person is hospitalized under the provisions of this chapter:

(a) To the administrative officer if the person is admitted to a division facility; or

(b) In all other cases, to the hospital rendering the service.

2. If a person or an estate liable for the care, maintenance and support of a committed person neglects or refuses to pay the administrative officer or the hospital rendering the service, the State is entitled to recover, by appropriate legal action, all money owed to a division facility or which the State has paid to a hospital for the care of a committed person, plus interest at the rate established pursuant to NRS 99.040.

(Added to NRS by 2013, 3031; A 2017, 791, 2829)

NRS 435.660 Special agreement for support of consumer adjudicated incapacitated; advance payments.

1. The administrative officers of the respective division facilities may enter into special agreements secured by properly executed bonds with the relatives, guardians or friends of consumers who are adjudicated incapacitated for subsistence, care or other expenses of such consumers. Each agreement and bond must be to the State of Nevada and any action to enforce the agreement or bond may be brought by the administrative officer.

2. Financially responsible relatives pursuant to NRS 435.655 and the guardian of the estate of a consumer may, from time to time, pay money to the division facility for the future personal needs of the consumer who is incapacitated and for the consumer’s burial expenses. Money paid pursuant to this subsection must be credited to the consumer in the consumers’ personal deposit fund established pursuant to NRS 435.620.

(Added to NRS by 2013, 3031)

NRS 435.665 Collection of fees by legal action and other methods.

1. If the consumer, his or her responsible relative pursuant to NRS 435.655, guardian or the estate neglects or refuses to pay the cost of treatment to the division facility rendering service pursuant to the fee schedule established under NRS 435.495, the State is entitled to recover by appropriate legal action all sums due, plus interest.

2. Before initiating such legal action, the division facility shall demonstrate efforts at collection, which may include contractual arrangements for collection through a private collection agency.

(Added to NRS by 2013, 3032)

NRS 435.670 Payment of costs of medical services rendered by person not on staff of facility of Division. The expense of diagnostic, medical and surgical services furnished to a consumer admitted to a division facility by a person not on the staff of the facility, whether rendered while the consumer is in a hospital, an outpatient of a hospital or treated outside any hospital, must be paid by the consumer, the guardian or relatives responsible pursuant to NRS 435.655 for the consumer’s care. In the case of an indigent consumer or a consumer whose estate is inadequate to pay the expenses, the expenses must be charged to the county from which the admission to the division facility was made, if the consumer had, before admission, been a resident of that county. The expense of such diagnostic, medical and surgical services must not in any case be a charge against or paid by the State of Nevada, except when, in the opinion of the administrative officer of the division facility to which the consumer is admitted, payment should be made for nonresident indigent consumers and money is authorized pursuant to NRS 435.475 and the money is authorized in approved budgets.

(Added to NRS by 2013, 3032; A 2019, 2647)

Miscellaneous Provisions

NRS 435.700 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 facility offering services for persons with intellectual disabilities or persons with developmental disabilities 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;

(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 facility offering services for persons with intellectual disabilities or persons with developmental disabilities 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.

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.

(Added to NRS by 2013, 3029; A 2017, 2830)

NRS 435.705 Transfer to hospital of Department of Veterans Affairs or other facility; duties of medical director and Commission on Behavioral Health upon objection of consumer. The medical director of a division facility may order the transfer to a hospital of the Department of Veterans Affairs or other facility of the United States Government any admitted consumer eligible for treatment therein. If the consumer in any manner objects to the transfer, the medical director of the facility shall enter the objection and a written justification of the transfer in the consumer’s record and forward a notice of the objection to the Administrator, and the Commission on Behavioral Health shall review the transfer pursuant to subsections 2 and 3 of NRS 435.610.

(Added to NRS by 2013, 3031)

NRS 435.710 Transfer of nonresident to state of residence.

1. If any person involuntarily court-admitted to any division facility is found by the court not to be a resident of this State and to be a resident of another state, the person may be transferred to the state of his or her residence pursuant to NRS 435.515 if an appropriate institution of that state is willing to accept the person.

2. The approval of the Administrator must be obtained before any transfer is made pursuant to subsection 1.

(Added to NRS by 2013, 3031)