USA Statutes : nevada
Title : Title 39 - MENTAL HEALTH
Chapter : CHAPTER 433A - ADMISSION TO MENTAL HEALTH FACILITIES, HOSPITALIZATION AND SEALING OF RECORDS
The provisions of this
chapter apply to all mental health centers of the Division of Mental
Health and Developmental Services of the Department and of the Division
of Child and Family Services of the Department. Such provisions apply to
private institutions and facilities offering mental health services only
when specified in the context.
(Added to NRS by 1975, 1599; A 1993, 2721; 1999, 101 )
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 433A.012
to 433A.018 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1993, 2720)
“Administrative
officer” means a person with overall executive and administrative
responsibility for those state or nonstate facilities for mental health
or mental retardation designated by the Administrator.
(Added to NRS by 1993, 2720)
“Administrator” means:
1. Except as otherwise provided in subsection 2, the Administrator
of the Division of Mental Health and Developmental Services of the
Department.
2. Regarding the provision of services for the mental health of
children pursuant to NRS 433B.010 to
433B.350 , inclusive, the
Administrator of the Division of Child and Family Services of the
Department.
(Added to NRS by 1993, 2720; A 1999, 101 )
“Client” means any person who
seeks, on his own or another’s initiative, and can benefit from, care,
treatment, treatment to competency or training provided by the Division.
(Added to NRS by 1993, 2720; A 1997, 3493; 2003, 1943 )
“Division” means:
1. Except as otherwise provided in subsection 2, the Division of
Mental Health and Developmental Services of the Department.
2. Regarding the provision of services for the mental health of
children pursuant to NRS 433B.010 to
433B.350 , inclusive, the Division of
Child and Family Services of the Department.
(Added to NRS by 1993, 2720; A 1999, 102 )
“Division facility”
means:
1. Except as otherwise provided in subsection 2, any unit or
subunit operated by the Division of Mental Health and Developmental
Services of the Department for the care, treatment and training of
clients.
2. Any unit or subunit operated by the Division of Child and
Family Services of the Department pursuant to NRS 433B.010 to 433B.350 , inclusive.
(Added to NRS by 1993, 2721; A 1999, 102 )
“Medical director” means
the chief medical officer of any program of the Division of Mental Health
and Developmental Services of the Department.
(Added to NRS by 1993, 2721; A 1999, 102 )
“Person professionally qualified in
the field of psychiatric mental health” means:
1. A psychiatrist licensed to practice medicine in this State who
is certified by the American Board of Psychiatry and Neurology;
2. A psychologist licensed to practice in this State;
3. A social worker who holds a master’s degree in social work, is
licensed by the state as a clinical social worker and is employed by the
Division;
4. A registered nurse who:
(a) Is licensed to practice professional nursing in this State;
(b) Holds a master’s degree in the field of psychiatric nursing; and
(c) Is employed by the Division; or
5. A marriage and family therapist licensed pursuant to chapter
641A of NRS.
(Added to NRS by 1993, 2721)
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 mental
health, including care and treatment of mentally ill and mentally
retarded persons and persons with related conditions.
3. Have additional qualifications which are in accordance with
criteria prescribed by the Department of Personnel.
(Added to NRS by 1975, 1599; A 1979, 813; 1981, 1685; 1983, 642;
1985, 2268; 1999, 2594 )
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 duties, the care and treatment of clients
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 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 orders or the enforcement of the provisions of this
title 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 clients if that responsibility has not been delegated.
(Added to NRS by 1975, 1600; A 1979, 813)
Except as otherwise provided in NRS 284.143 , an administrative officer shall devote his
entire time to the duties of his position and shall have no other gainful
employment or occupation, but he may attend seminars, act as a consultant
and give lectures relating to his profession and accept appropriate
stipends for the seminars, consultations and lectures.
(Added to NRS by 1975, 1600; A 1979, 814; 1985, 423; 1995, 2314)
1. A coordinator of medical programs is the medical head of any
division facility designated by the Administrator. He must be a
psychiatrist licensed to practice medicine or, in the case of a treatment
facility authorized by paragraph (b) of subsection 1 of NRS 433B.290
, a psychiatrist or a pediatrician
licensed to practice medicine. He may be a psychiatrist or pediatrician
in private practice under contract to the Division. He must have such
additional qualifications as are in accordance with criteria prescribed
by the Department of Personnel and must be in the unclassified service of
the State.
2. A coordinator of medical programs shall:
(a) Cause to be kept a fair and full account of all medical affairs;
(b) Have standard medical histories currently maintained on all
clients, and administer or have administered the accepted and appropriate
medical treatments to all clients under his care, and may, by delegation
of the administrative officer, be responsible for the nonmedical care and
treatment of clients; and
(c) Undertake any diagnostic, medical or surgical procedure in the
interest of the client, but only in accordance with the provisions of
subsection 1 of NRS 433.484 .
(Added to NRS by 1975, 1601; A 1979, 814; 1981, 1686; 1983, 642;
1993, 2721)
There is hereby created a Revolving Account for
Northern Nevada Adult Mental Health Services in the sum of $7,500, which
may be used for the payment of bills requiring immediate payment and for
no other purpose. The Administrative Officer shall deposit the Revolving
Account in one or more banks or credit unions of reputable standing.
Payments made from the Revolving Account must be promptly reimbursed from
money appropriated for Northern Nevada Adult Mental Health Services as
other claims against the State are paid.
(Added to NRS by 1975, 1612; A 1979, 815; 1991, 206; 1999, 1497
; 2001, 1116 )
1. A gift account in the Department of Health and Human Services’
Gift Fund is hereby created for each division facility, and all gifts of
money which the Division is authorized to accept for the respective
facilities must be deposited in the State Treasury to the credit of the
appropriate account. Amounts in the accounts must be used for division
mental health facility purposes only and expended in accordance with the
terms of the gift. All claims must be approved by the administrative
officer before they are paid.
2. Gifts of property, other than money, may be sold or exchanged
when it is deemed by the administrative officer and the Administrator to
be in the best interest of the division mental health facility. The sale
price must be not less than 90 percent of the value determined by a
qualified appraiser appointed by the administrative officer. All money
realized from the sale must be deposited in the State Treasury to the
credit of the appropriate account and must be spent for division mental
health facility purposes only.
(Added to NRS by 1975, 1613; A 1979, 622; 1981, 78)
1. The administrative officer of a division mental health facility
which provides treatment for inpatients may cause to be established a
canteen operated for the benefit of clients and employees of the
facility. So far as practical within good business practices, the prices
of commodities sold must approximate costs. The administrative officer
shall cause to be kept a record of transactions in the operation of the
canteen.
2. The Administrator may designate money from budgeted resources
in appropriate amounts to each such facility for the establishment and
operation of canteens. The money must be used to supplement the financial
operation of the canteens, if required, to provide money for needy
clients’ canteen privileges, and to provide for such other expenditures
benefiting the clients of such division facilities as the respective
administrative officers may deem necessary. All proceeds of sale
collected must be deposited with the State Treasurer for credit to the
appropriate operating account of the mental health facility. The
operating account must separately identify in the record of transactions
the proceeds of sale collected, the amount of budgeted resources used,
and the total amount expended for the operations of the canteen. All
proceeds of sale collected must be used for the operation of the canteen.
Proceeds of sale collected which exceed the amount necessary to maintain
the operation of the canteens must be used to benefit the clients.
3. An appropriate sum may be maintained as petty cash at each
canteen.
4. The respective administrative officers may cause to be
appointed such staff as are necessary for the proper operation of the
canteens.
(Added to NRS by 1975, 1613; A 1981, 263)
ADMISSION TO MENTAL HEALTH FACILITIES
General Provisions
1. As used in NRS 433A.115 to
433A.330 , inclusive, unless the
context otherwise requires, “mentally ill person” means any person whose
capacity to exercise self-control, judgment and discretion in the conduct
of his affairs and social relations or to care for his personal needs is
diminished, as a result of a mental illness, to the extent that he
presents a clear and present danger of harm to himself or others, but
does not include any person in whom that capacity is diminished by
epilepsy, mental retardation, Alzheimer’s disease, brief periods of
intoxication caused by alcohol or drugs, or dependence upon or addiction
to alcohol or drugs, unless a mental illness that can be diagnosed is
also present which contributes to the diminished capacity of the person.
2. A person presents a clear and present danger of harm to himself
if, within the next preceding 30 days, he has, as a result of a mental
illness:
(a) Acted in a manner from which it may reasonably be inferred
that, without the care, supervision or continued assistance of others, he
will be unable to satisfy his need for nourishment, personal or medical
care, shelter, self-protection or safety, and if there exists a
reasonable probability that his death, serious bodily injury or physical
debilitation will occur within the next following 30 days unless he is
admitted to a mental health facility pursuant to the provisions of NRS
433A.115 to 433A.330 , inclusive, and adequate treatment is
provided to him;
(b) Attempted or threatened to commit suicide or committed acts in
furtherance of a threat to commit suicide, and if there exists a
reasonable probability that he will commit suicide unless he is admitted
to a mental health facility pursuant to the provisions of NRS 433A.115
to 433A.330 , inclusive, and adequate treatment is
provided to him; or
(c) Mutilated himself, attempted or threatened to mutilate himself
or committed acts in furtherance of a threat to mutilate himself, and if
there exists a reasonable probability that he will mutilate himself
unless he is admitted to a mental health facility pursuant to the
provisions of NRS 433A.115 to
433A.330 , inclusive, and adequate
treatment is provided to him.
3. A person presents a clear and present danger of harm to others
if, within the next preceding 30 days, he has, as a result of a mental
illness, inflicted or attempted to inflict serious bodily harm on any
other person, or made threats to inflict harm and committed acts in
furtherance of those threats, and if there exists a reasonable
probability that he will do so again unless he is admitted to a mental
health facility pursuant to the provisions of NRS 433A.115 to 433A.330 , inclusive, and adequate treatment is
provided to him.
(Added to NRS by 1985, 2268; A 1989, 1757; 1997, 3493)
There are three types of
admission to mental health facilities in the State of Nevada:
1. Voluntary admission;
2. Emergency admission; and
3. Involuntary court-ordered admission.
(Added to NRS by 1975, 1602)
All applications and
certificates for the admission of any person in the State of Nevada to a
mental health facility under the provisions of this chapter shall be made
on forms approved by the Division and the Office of the Attorney General
and furnished by the clerks of the district courts in each county.
(Added to NRS by 1975, 1608)
1. Any person may apply to:
(a) A public or private mental health facility in the State of
Nevada for admission to the facility; or
(b) A division facility to receive care, treatment or training
provided by the Division,
Ê as a voluntary client for the purposes of observation, diagnosis, care
and treatment. In the case of a person who has not attained the age of
majority, application for voluntary admission or care, treatment or
training may be made on his behalf by his spouse, parent or legal
guardian.
2. If the application is for admission to a division facility, or
for care, treatment or training provided by the Division, the applicant
must be admitted or provided such services as a voluntary client if an
examination by personnel of the facility qualified to make such a
determination reveals that the person needs and may benefit from services
offered by the mental health facility.
3. Any person admitted to a public or private mental health
facility as a voluntary client must be released immediately after the
filing of a written request for release with the responsible physician or
his designee within the normal working day, unless, within 24 hours after
the request, the facility changes the status of the person to an
emergency admission pursuant to NRS 433A.145 . When a person is released pursuant to this
subsection, the facility and its agents and employees are not liable for
any debts or contractual obligations, medical or otherwise, incurred or
damages caused by the actions of the person.
4. Any person admitted to a public or private mental health
facility as a voluntary client who has not requested release may
nonetheless be released by the medical director of the facility when
examining personnel at the facility determine that the client has
recovered or has improved to such an extent that he is not considered a
danger to himself or others and that the services of that facility are no
longer beneficial to him or advisable.
5. A person who requests care, treatment or training from the
Division pursuant to this section must be evaluated by the personnel of
the Division to determine whether he is eligible for the services offered
by the Division. The evaluation must be conducted:
(a) Within 72 hours if the person has requested inpatient services;
or
(b) Within 72 regular operating hours, excluding weekends and
holidays, if the person has requested community-based or outpatient
services.
6. 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 1975, 1602; A 1993, 2114; 1997, 3494)
Emergency Admission
1. If a mentally ill person is admitted to a public or private
mental health facility or hospital as a voluntary client, the facility or
hospital shall not change the status of the person to an emergency
admission unless the hospital or facility receives, before the change in
status is made, an application for an emergency admission pursuant to NRS
433A.160 and the certificate of a
psychiatrist, psychologist or physician pursuant to NRS 433A.170 .
2. A person whose status is changed pursuant to subsection 1 must
not be detained in excess of 48 hours after the change in status is made,
unless within that period a written petition is filed with the clerk of
the district court pursuant to NRS 433A.200 .
3. If the period specified in subsection 2 expires on a day on
which the office of the clerk of the district court is not open, the
written petition must be filed on or before the close of the business day
next following the expiration of that period.
(Added to NRS by 1997, 3492)
1. Any person alleged to be a mentally ill person may, upon
application pursuant to NRS 433A.160
and subject to the provisions of subsection 2, be detained in a public or
private mental health facility or hospital under an emergency admission
for evaluation, observation and treatment.
2. Except as otherwise provided in subsection 3, a person detained
pursuant to subsection 1 must be released within 72 hours, including
weekends and holidays, after the examination required by paragraph (a) of
subsection 1 of NRS 433A.165 has been
completed, if such an examination is required, or within 72 hours,
including weekends and holidays, after the person arrives at the mental
health facility or hospital, if an examination is not required by
paragraph (a) of subsection 1 of NRS 433A.165 , unless within that period a written
petition for an involuntary court-ordered admission is filed with the
clerk of the district court pursuant to NRS 433A.200 , including, without limitation, the
documents required pursuant to NRS 433A.210 , or the status of the person is changed to a
voluntary admission.
3. If the period specified in subsection 2 expires on a day on
which the office of the clerk of the district court is not open, the
written petition must be filed on or before the close of the business day
next following the expiration of that period.
(Added to NRS by 1975, 1602; A 1985, 2269; 1989, 1758; 2001, 3041
; 2003, 1944 )
1. Except as otherwise provided in subsection 2, an application
for the emergency admission of an allegedly mentally ill person for
evaluation, observation and treatment may only be made by an accredited
agent of the Department, an officer authorized to make arrests in the
State of Nevada or a physician, psychologist, marriage and family
therapist, social worker or registered nurse. The agent, officer,
physician, psychologist, marriage and family therapist, social worker or
registered nurse may:
(a) Without a warrant:
(1) Take an allegedly mentally ill person into custody to
apply for the emergency admission of the person for evaluation,
observation and treatment; and
(2) Transport the allegedly mentally ill person to a public
or private mental health facility or hospital for that purpose, or
arrange for the person to be transported by:
(I) A local law enforcement agency;
(II) A system for the nonemergency medical
transportation of persons whose operation is authorized by the
Transportation Services Authority;
(III) An entity that is exempt pursuant to NRS 706.745
from the provisions of NRS 706.386
or 706.421 ; or
(IV) If medically necessary, an ambulance service that
holds a permit issued pursuant to the provisions of chapter 450B of NRS,
Ê only if the agent, officer, physician, psychologist, marriage and
family therapist, social worker or registered nurse has, based upon his
personal observation of the allegedly mentally ill person, probable cause
to believe that the person is a mentally ill person and, because of that
illness, is likely to harm himself or others if allowed his liberty.
(b) Apply to a district court for an order requiring:
(1) Any peace officer to take an allegedly mentally ill
person into custody to allow the applicant for the order to apply for the
emergency admission of the allegedly mentally ill person for evaluation,
observation and treatment; and
(2) Any agency, system or service described in subparagraph
(2) of paragraph (a) to transport the allegedly mentally ill person to a
public or private mental health facility or hospital for that purpose.
Ê The district court may issue such an order only if it is satisfied that
there is probable cause to believe that the allegedly mentally ill person
is a mentally ill person and, because of that illness, is likely to harm
himself or others if allowed his liberty.
2. An application for the emergency admission of an allegedly
mentally ill person for evaluation, observation and treatment may be made
by a spouse, parent, adult child or legal guardian of the person. The
spouse, parent, adult child or legal guardian and any other person who
has a legitimate interest in the allegedly mentally ill person may apply
to a district court for an order described in paragraph (b) of subsection
1.
3. The application for the emergency admission of an allegedly
mentally ill person for evaluation, observation and treatment must reveal
the circumstances under which the person was taken into custody and the
reasons therefor.
4. As used in subsection 1, “an accredited agent of the
Department” means any person appointed or designated by the Director of
the Department to take into custody and transport to a mental health
facility pursuant to subsections 1 and 2 those persons in need of
emergency admission.
5. Except as otherwise provided in this subsection, each person
admitted to a public or private mental health facility or hospital under
an emergency admission must be evaluated at the time of admission by a
psychiatrist or a psychologist. If a psychiatrist or a psychologist is
not available to conduct an evaluation at the time of admission, a
physician may conduct the evaluation. Each such emergency admission must
be approved by a psychiatrist.
(Added to NRS by 1975, 1603; A 1983, 506; 1985, 2269; 1989, 1759;
1997, 3494; 2001, 1017 , 3042 ; 2005, 967 )
1. Before an allegedly mentally ill person may be transported to a
public or private mental health facility pursuant to NRS 433A.160 , the person must:
(a) First be examined by a licensed physician or physician
assistant or an advanced practitioner of nursing to determine whether the
person has a medical problem, other than a psychiatric problem, which
requires immediate treatment; and
(b) If such treatment is required, be admitted for the appropriate
medical care:
(1) To a hospital if the person is in need of emergency
services or care; or
(2) To another appropriate medical facility if the person is
not in need of emergency services or care.
2. The examination and any transfer of the person from a facility
when the person has an emergency medical condition and has not been
stabilized must be conducted in compliance with:
(a) The requirements of 42 U.S.C. § 1395dd and any regulations
adopted pursuant thereto, and must involve a person authorized pursuant
to federal law to conduct such an examination or certify such a transfer;
and
(b) The provisions of NRS 439B.410 .
3. The cost of the examination must be paid by the county in which
the allegedly mentally ill person resides if services are provided at a
county hospital located in that county or a hospital or other medical
facility designated by that county, unless the cost is voluntarily paid
by the allegedly mentally ill person or, on his behalf, by his insurer or
by a state or federal program of medical assistance.
4. The county may recover all or any part of the expenses paid by
it, in a civil action against:
(a) The person whose expenses were paid;
(b) The estate of that person; or
(c) A responsible relative as prescribed in NRS 433A.610 , to the extent that financial ability is
found to exist.
5. The cost of treatment, including hospitalization, for an
indigent must be paid pursuant to NRS 428.010 by the county in which the allegedly mentally
ill person resides.
6. The Division shall adopt regulations to carry out the
provisions of this section, including, without limitation, regulations
that:
(a) Define “emergency services or care” as that term is used in
this section; and
(b) Prescribe the type of medical facility that a person may be
admitted to pursuant to subparagraph (2) of paragraph (b) of subsection 1.
7. As used in this section, “medical facility” has the meaning
ascribed to it in NRS 449.0151 .
(Added to NRS by 1987, 1445; A 1991, 2209; 1993, 908; 2001, 1018
; 2003, 1453 , 1944 )
Except as otherwise provided in this section, the
administrative officer of a facility operated by the Division or of any
other public or private mental health facility or hospital shall not
accept an application for an emergency admission under NRS 433A.160
unless that application is
accompanied by a certificate of a psychiatrist or a licensed psychologist
stating that he has examined the person alleged to be mentally ill and
that he has concluded that the person is a mentally ill person and,
because of that illness is likely to harm himself or others if allowed
his liberty. If a psychiatrist or licensed psychologist is not available
to conduct an examination, a physician may conduct the examination. The
certificate required by this section may be obtained from a psychiatrist,
licensed psychologist or physician who is employed by the public or
private mental health facility or hospital to which the application is
made.
(Added to NRS by 1975, 1603; A 1985, 2270; 1989, 1550, 1759; 1997,
3495; 2001, 3043 )
No application or certificate authorized under NRS
433A.160 or 433A.170 may be considered if made by a psychiatrist,
psychologist or physician who is related by blood or marriage to the
allegedly mentally ill person, or who is financially interested in the
facility in which the allegedly mentally ill person is to be detained. No
application or certificate of any examining person authorized under NRS
433A.170 may be considered unless it
is based on personal observation and examination of the allegedly
mentally ill person made by such examining person not more than 72 hours
prior to the making of the application or certificate. The certificate
shall set forth in detail the facts and reasons on which the examining
person based his opinions and conclusions.
(Added to NRS by 1975, 1603; A 1989, 1550)
Within 24 hours of a
person’s admission under emergency admission, the administrative officer
of a public or private mental health facility shall give notice of such
admission by certified mail to the spouse or legal guardian of that
person.
(Added to NRS by 1975, 1604; A 1993, 2114)
Involuntary Court-Ordered Admission
1. Except as otherwise provided in NRS 432B.6075 , a proceeding for an involuntary
court-ordered admission of any person in the State of Nevada may be
commenced by the filing of a petition with the clerk of the district
court of the county where the person who is to be treated resides. The
petition may be filed by the spouse, parent, adult children or legal
guardian of the person to be treated or by any physician, psychologist,
social worker or registered nurse, by an accredited agent of the
Department or by any officer authorized to make arrests in the State of
Nevada. The petition must be accompanied:
(a) By a certificate of a physician, psychiatrist or licensed
psychologist stating that he has examined the person alleged to be
mentally ill and has concluded that the person is a mentally ill person
and, because of that illness, is likely to harm himself or others if
allowed his liberty; or
(b) By a sworn written statement by the petitioner that:
(1) The petitioner has, based upon his personal observation
of the person alleged to be mentally ill, probable cause to believe that
the person is a mentally ill person and, because of that illness, is
likely to harm himself or others if allowed his liberty; and
(2) The person alleged to be mentally ill has refused to
submit to examination or treatment by a physician, psychiatrist or
licensed psychologist.
2. Except as otherwise provided in NRS 432B.6075 , if the person to be treated is a minor and
the petitioner is a person other than a parent or guardian of the minor,
the petition must, in addition to the certificate or statement required
by subsection 1, include a statement signed by a parent or guardian of
the minor that the parent or guardian does not object to the filing of
the petition.
(Added to NRS by 1975, 1604; A 1985, 54, 2270; 1989, 1551, 1760;
1995, 2413; 2001, 3044 ; 2005, 1322 )
In addition to the requirements of NRS 433A.200
, a petition filed pursuant to that
section with the clerk of the district court to commence proceedings for
involuntary court-ordered admission of a person pursuant to NRS 433A.145
or 433A.150 must include a certified copy of:
1. The application for the emergency admission of the person made
pursuant to NRS 433A.160 ; and
2. A petition executed by a psychiatrist, licensed psychologist or
physician, including, without limitation, a sworn statement that:
(a) He has examined the person alleged to be mentally ill;
(b) In his opinion, there is a reasonable degree of certainty that
the person alleged to be mentally ill suffers from a mental illness;
(c) Based on his personal observation of the person alleged to be
mentally ill and other facts set forth in the petition, the person poses
a risk of imminent harm to himself or others; and
(d) In his opinion, involuntary admission of the person alleged to
be mentally ill to a mental health facility or hospital is medically
necessary to prevent the person from harming himself or others.
(Added to NRS by 1975, 1604; A 1985, 2270; 1989, 1551, 1760; 1995,
2414; 2001, 3044 )
1. Immediately after he receives any petition filed pursuant to
NRS 433A.200 or 433A.210 , the clerk of the district court shall
transmit the petition to the appropriate district judge, who shall set a
time, date and place for its hearing. The date must be within 5 judicial
days after the date on which the petition is received by the clerk.
2. The court shall give notice of the petition and of the time,
date and place of any proceedings thereon to the subject of the petition,
his attorney, if known, the petitioner, the district attorney of the
county in which the court has its principal office, the local office of
an agency or organization that receives money from the Federal Government
pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the
rights of mentally ill persons and the administrative office of any
public or private mental health facility in which the subject of the
petition is detained.
3. The provisions of this section do not preclude a facility from
discharging a person before the time set pursuant to this section for the
hearing concerning the person, if appropriate.
(Added to NRS by 1975, 1604; A 1989, 1760; 1993, 2114; 1995, 2414;
1997, 3495; 2001, 3045 )
The court in its discretion may
require any petitioner under NRS 433A.200 , except any duly accredited agent of the
Department or any officer authorized to make arrests in the State of
Nevada, to file an undertaking with surety to be approved by the court in
the amount the court deems proper, conditioned to save harmless the
person alleged to be mentally ill by reason of costs incurred, including
attorney fees, if any, and damages suffered by the person as a result of
such action.
(Added to NRS by 1975, 1605)
1. After the filing of a petition to commence proceedings for the
involuntary court-ordered admission of a person pursuant to NRS 433A.200
or 433A.210 , the court shall promptly cause two or more
physicians or licensed psychologists, one of whom must always be a
physician, to examine the person alleged to be mentally ill, or request
an evaluation by an evaluation team from the Division of the person
alleged to be mentally ill.
2. To conduct the examination of a person who is not being
detained at a mental health facility or hospital under emergency
admission pursuant to an application made pursuant to NRS 433A.160 , the court may order a peace officer to take
the person into protective custody and transport him to a mental health
facility or hospital where he may be detained until a hearing is had upon
the petition.
3. If the person is not being detained under an emergency
admission pursuant to an application made pursuant to NRS 433A.160 , he may be allowed to remain in his home or
other place of residence pending an ordered examination or examinations
and to return to his home or other place of residence upon completion of
the examination or examinations. The person may be accompanied by one or
more of his relations or friends to the place of examination.
4. Except as otherwise provided in this subsection, each physician
and licensed psychologist who examines a person pursuant to subsection 1
shall, not later than 48 hours before the hearing set pursuant to NRS
433A.220 , submit to the court in
writing a summary of his findings and evaluation regarding the person
alleged to be mentally ill. If the person alleged to be mentally ill is
admitted under an emergency admission pursuant to an application made
pursuant to NRS 433A.160 , the written
findings and evaluation must be submitted to the court not later than 24
hours before the hearing set pursuant to subsection 1 of NRS 433A.220
.
(Added to NRS by 1975, 1604; A 1983, 507; 1989, 1760; 1995, 2414;
2001, 3045 )
1. The Administrator shall establish such evaluation teams as are
necessary to aid the courts under NRS 433A.240 and 433A.310 .
2. Each team must be composed of a psychiatrist and other persons
professionally qualified in the field of psychiatric mental health who
are representative of the Division, selected from personnel in the
Division.
3. Fees for the evaluations must be established and collected as
set forth in NRS 433.414 or 433B.260
, as appropriate.
(Added to NRS by 1975, 1605; A 1983, 507; 1985, 424; 1993, 2722)
1. In counties where the examining personnel required pursuant to
NRS 433A.240 are not available,
proceedings for involuntary court-ordered admission shall be conducted in
the nearest county having such examining personnel available in order
that there be minimum delay.
2. The entire expense of proceedings for involuntary court-ordered
admission shall be paid by the county in which the application is filed,
except that where the person to be admitted last resided in another
county of the state the expense shall be charged to and payable by such
county of residence.
(Added to NRS by 1975, 1605)
1. The allegedly mentally ill person or any relative or friend on
his behalf is entitled to retain counsel to represent him in any
proceeding before the district court relating to involuntary
court-ordered admission, and if he fails or refuses to obtain counsel,
the court shall advise him and his guardian or next of kin, if known, of
such right to counsel and shall appoint counsel, who may be the public
defender or his deputy.
2. Any counsel appointed pursuant to subsection 1 must be awarded
compensation by the court for his services in an amount determined by it
to be fair and reasonable. The compensation must be charged against the
estate of the person for whom the counsel was appointed or, if the person
is indigent, against the county where the allegedly mentally ill person
last resided.
3. The court shall, at the request of counsel representing the
allegedly mentally ill person in proceedings before the court relating to
involuntary court-ordered admission, grant a recess in the proceedings
for the shortest time possible, but for not more than 5 days, to give the
counsel an opportunity to prepare his case.
4. Each district attorney or his deputy shall appear and represent
the State in all involuntary court-ordered admission proceedings in his
county. The district attorney is responsible for the presentation of
evidence, if any, in support of the involuntary court-ordered admission
of a person to a mental health facility in proceedings held pursuant to
NRS 433A.200 or 433A.210 .
(Added to NRS by 1975, 1605; A 2001, 3046 )
In proceedings for involuntary
court-ordered admission, the court shall hear and consider all relevant
testimony, including, but not limited to, the testimony of examining
personnel who participated in the evaluation of the person alleged to be
mentally ill and the certificates of physicians or certified
psychologists accompanying the petition. The court may consider testimony
relating to any past actions of the person alleged to be mentally ill if
such testimony is probative of the question of whether the person is
presently mentally ill and presents a clear and present danger of harm to
himself or others.
(Added to NRS by 1975, 1606; A 1999, 120 )
In proceedings for an involuntary court-ordered
admission, the person with respect to whom the proceedings are held shall
be present and may, at the discretion of the court, testify.
(Added to NRS by 1975, 1606)
Witnesses subpoenaed
under the provisions of this chapter shall be paid the same fees and
mileage as are paid to witnesses in the courts of the State of Nevada.
(Added to NRS by 1975, 1606)
1. Except as otherwise provided in NRS 432B.6076 and 432B.6077 , if the district court finds, after
proceedings for the involuntary court-ordered admission of a person to a
public or private mental health facility:
(a) That there is not clear and convincing evidence that the person
with respect to whom the hearing was held is a mentally ill person or
exhibits observable behavior such that he is likely to harm himself or
others if allowed his liberty, the court shall enter its finding to that
effect and the person must not be involuntarily detained in such a
facility.
(b) That there is clear and convincing evidence that the person
with respect to whom the hearing was held is a mentally ill person and,
because of that illness, is likely to harm himself or others if allowed
his liberty, the court may order the involuntary admission of the person
for the most appropriate course of treatment. The order of the court must
be interlocutory and must not become final if, within 30 days after the
involuntary admission, the person is unconditionally released pursuant to
NRS 433A.390 .
2. Except as otherwise provided in NRS 432B.608 , an involuntary admission pursuant to
paragraph (b) of subsection 1 automatically expires at the end of 6
months if not terminated previously by the medical director of the public
or private mental health facility as provided for in subsection 2 of NRS
433A.390 . Except as otherwise
provided in NRS 432B.608 , at the end
of the court-ordered period of treatment, the Division or any mental
health facility that is not operated by the Division may petition to
renew the detention of the person for additional periods not to exceed 6
months each. For each renewal, the petition must set forth to the court
specific reasons why further treatment would be in the person’s own best
interests.
3. Before issuing an order for involuntary admission or a renewal
thereof, the court shall explore other alternative courses of treatment
within the least restrictive appropriate environment as suggested by the
evaluation team who evaluated the person, or other persons professionally
qualified in the field of psychiatric mental health, which the court
believes may be in the best interests of the person.
(Added to NRS by 1975, 1606; A 1981, 1134; 1983, 508; 1989, 1761;
1993, 2115; 2001, 3046 ; 2005, 1323 )
The order for
involuntary court admission of any person to a mental health facility,
public or private, shall be accompanied by a clinical abstract, including
a history of illness, diagnosis, treatment and the names of relatives or
correspondents.
(Added to NRS by 1975, 1607)
1. When any involuntary court admission is ordered under the
provisions of this chapter, the involuntarily admitted person, together
with the court orders and certificates of the physicians, certified
psychologists or evaluation team and a full and complete transcript of
the notes of the official reporter made at the examination of such person
before the court, must be delivered to the sheriff of the county who
shall:
(a) Transport the person; or
(b) Arrange for the person to be transported by:
(1) A system for the nonemergency medical transportation of
persons whose operation is authorized by the Transportation Services
Authority; or
(2) If medically necessary, an ambulance service that holds
a permit issued pursuant to the provisions of chapter 450B of NRS,
Ê to the appropriate public or private mental health facility.
2. No mentally ill person may be transported to the mental health
facility without at least one attendant of the same sex or a relative in
the first degree of consanguinity or affinity being in attendance.
(Added to NRS by 1975, 1607; A 2001, 1018 )
HOSPITALIZATION
1. Upon admission to any public or private mental health facility,
each client of the facility and the client’s spouse and legal guardian,
if any, must receive a written statement outlining in simple,
nontechnical language all procedures for release provided by this
chapter, setting out all rights accorded to such a client by this chapter
and chapters 433 and 433B of NRS and, if the client has no legal guardian,
describing procedures provided by law for adjudication of incompetency
and appointment of a guardian for the client.
2. Written information regarding the services provided by and
means of contacting the local office of an agency or organization that
receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801
et seq., to protect and advocate the rights of persons with mental
illnesses must be posted in each public and private mental health
facility and provided to each client of such a facility upon admission.
(Added to NRS by 1975, 1610; A 1993, 2115, 2722; 1995, 676)
1. A clinical record for each client must be diligently maintained
by any division facility or private institution or facility offering
mental health services. The record must include information pertaining to
the client’s admission, legal status, treatment and individualized plan
for habilitation. The clinical record is not a public record and no part
of it may be released, except:
(a) The record must be released to physicians, attorneys and social
agencies as specifically authorized in writing by the client, his parent,
guardian or attorney.
(b) The record must be released to persons authorized by the order
of a court of competent jurisdiction.
(c) The record or any part thereof may be disclosed to a qualified
member of the staff of a division facility, an employee of the Division
or a member of the staff of an agency in Nevada which has been
established pursuant to the Developmental Disabilities Assistance and
Bill of Rights Act, 42 U.S.C. §§ 6041 et seq., or the Protection and
Advocacy for Mentally Ill Individuals Act of 1986, 42 U.S.C. §§ 10801 et
seq., when the Administrator deems it necessary for the proper care of
the client.
(d) Information from the clinical records may be used for
statistical and evaluative purposes if the information is abstracted in
such a way as to protect the identity of individual clients.
(e) To the extent necessary for a client to make a claim, or for a
claim to be made on behalf of a client for aid, insurance or medical
assistance to which he may be entitled, information from the records may
be released with the written authorization of the client or his guardian.
(f) The record must be released without charge to any member of the
staff of an agency in Nevada which has been established pursuant to 42
U.S.C. §§ 6041 et seq. or 42 U.S.C. §§ 10801 et seq. if:
(1) The client is a client of that office and he or his
legal representative or guardian authorizes the release of the record; or
(2) A complaint regarding a client was received by the
office or there is probable cause to believe that the client has been
abused or neglected and the client:
(I) Is unable to authorize the release of the record
because of his mental or physical condition; and
(II) Does not have a guardian or other legal
representative or is a ward of the State.
(g) The record must be released as provided in NRS 433.332 or 433B.200 and in chapter 629 of NRS.
2. As used in this section, “client” includes any person who
seeks, on his own or others’ initiative, and can benefit from, care,
treatment and training in a private institution or facility offering
mental health services, or from treatment to competency in a private
institution or facility offering mental health services.
(Added to NRS by 1975, 1611; A 1987, 746, 1197; 1989, 2056; 1991,
2351; 1993, 2722; 2003, 1945 )
1. When a client committed by a court to a division facility on or
before June 30, 1975, or a client who is judicially admitted on or after
July 1, 1975, or a person who is involuntarily detained pursuant to NRS
433A.145 to 433A.300 , inclusive, escapes from any division
facility, or when a judicially admitted client has not returned to a
division facility from conditional release after the administrative
officer of the facility has ordered him to do so, any peace officer
shall, upon written request of the administrative officer or his designee
and without the necessity of a warrant or court order, apprehend, take
into custody and deliver the person to such division facility or another
state facility.
2. Any person appointed or designated by the Director of the
Department to take into custody and transport to a division facility
persons who have escaped or failed to return as described in subsection 1
may participate in the apprehension and delivery of any such person, but
may not take the person into custody without a warrant.
(Added to NRS by 1975, 1609; A 1999, 867 ; 2001, 3047 )
1. Except as otherwise provided in subsection 4, any person
involuntarily admitted by a court may be conditionally released from a
public or private mental health facility when, in the judgment of the
medical director of the facility, the conditional release is in the best
interest of the person and will not be detrimental to the public welfare.
The medical director or his designee of the facility shall prescribe the
period for which the conditional release is effective. The period must
not extend beyond the last day of the court-ordered period of treatment
pursuant to NRS 433A.310 .
2. When a person is conditionally released pursuant to subsection
1, the State or any of its agents or employees are not liable for any
debts or contractual obligations, medical or otherwise, incurred or
damages caused by the actions of the person.
3. When a person who has been adjudicated by a court to be
incompetent is conditionally released from a mental health facility, the
administrative officer of the mental health facility shall petition the
court for restoration of full civil and legal rights as deemed necessary
to facilitate the incompetent person’s rehabilitation.
4. A person who was involuntarily admitted by a court because he
was likely to harm others if allowed to remain at liberty may be
conditionally released only if, at the time of the release, written
notice is given to the court which admitted him and to the district
attorney of the county in which the proceedings for admission were held.
5. Except as otherwise provided in subsection 7, the
administrative officer of a public or private mental health facility or
his designee shall order a person who is conditionally released from that
facility pursuant to this section to return to the facility if a
psychiatrist and a member of that person’s treatment team who is
professionally qualified in the field of psychiatric mental health
determine, pursuant to NRS 433A.115 ,
that the conditional release is no longer appropriate because that person
presents a clear and present danger of harm to himself or others. Except
as otherwise provided in this subsection, the administrative officer or
his designee shall, at least 3 days before the issuance of the order to
return, give written notice of the order to the court that admitted the
person to the facility. If an emergency exists in which the person
presents an imminent threat of danger of harm to himself or others, the
order must be submitted to the court not later than 1 business day after
the order is issued.
6. The court shall review an order submitted pursuant to
subsection 5 and the current condition of the person who was ordered to
return to the facility at its next regularly scheduled hearing for the
review of petitions for involuntary court-ordered admissions, but in no
event later than 5 judicial days after the person is returned to the
facility. The administrative officer or his designee shall give written
notice to the person who was ordered to return to the facility and to his
attorney, if known, of the time, date and place of the hearing and of the
facts necessitating that person’s return to the facility.
7. The provisions of subsection 5 do not apply if the period of
conditional release has expired.
(Added to NRS by 1975, 1608; A 1981, 1661; 1999, 867 )
1. When a client, involuntarily admitted to a mental health
facility by court order, is released at the end of the time specified
pursuant to NRS 433A.310 , written
notice must be given to the admitting court at least 10 days before the
release of the client. The client may then be released without requiring
further orders of the court.
2. An involuntarily court-admitted client may be unconditionally
released before the period specified in NRS 433A.310 when:
(a) An evaluation team established under NRS 433A.250 or two persons professionally qualified in
the field of psychiatric mental health, at least one of them being a
physician, determines that the client has recovered from his mental
illness or has improved to such an extent that he is no longer considered
to present a clear and present danger of harm to himself or others; and
(b) Under advisement from the evaluation team or two persons
professionally qualified in the field of psychiatric mental health, at
least one of them being a physician, the medical director of the mental
health facility authorizes the release and gives written notice to the
admitting court at least 10 days before the release of the client.
(Added to NRS by 1975, 1607; A 1983, 508; 1989, 1762; 1997, 3496;
1999, 868 )
1. An indigent resident of this state discharged as having
recovered from his mental illness, but having a residual medical or
surgical disability which prevents him from obtaining or holding
remunerative employment, shall be returned to the county of his last
residence. A nonresident indigent with such disabilities shall be
returned to the county from which he was involuntarily court-admitted.
The administrative officer of the mental health facility shall first give
notice in writing, not less than 10 days prior to discharge, to the board
of county commissioners of the county to which the person will be
returned.
2. Delivery of the indigent resident defined in subsection 1 shall
be made to an individual or agency authorized to provide further care.
3. This section does not authorize the release of any person held
upon an order of a court or judge having criminal jurisdiction arising
out of a criminal offense.
(Added to NRS by 1975, 1607)
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 client
eligible for treatment therein. If the client 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 client’s
record and forward a notice of the objection to the Administrator, and
the Commission shall review the transfer pursuant to subsections 2 and 3
of NRS 433.534 .
(Added to NRS by 1975, 1611; A 1981, 894; 1985, 2271; 1995, 1092)
1. Whenever the Administrator determines that division facilities
within the State are inadequate for the care of any mentally ill person,
he may designate two physicians, licensed under the provisions of chapter
630 or 633 of
NRS, and familiar with the field of psychiatry, to examine that person.
If the two physicians concur with the opinion of the Administrator, the
Administrator may contract with appropriate corresponding authorities in
any other state of the United States having adequate facilities for such
purposes for the reception, detention, care or treatment of that person,
but if the person in any manner objects to the transfer, the procedures
in subsection 3 of NRS 433.484 and
subsections 2 and 3 of NRS 433.534 must
be followed. The two physicians so designated are entitled to a
reasonable fee for their services which must be paid by the county of the
person’s last known residence.
2. Money to carry out the provisions of this section must be
provided by direct legislative appropriation.
(Added to NRS by 1975, 1609; A 1981, 895, 1527; 1999, 1826 ; 2003, 1177 )
1. If any person involuntarily court-admitted to any division
facility pursuant to NRS 433A.310 is
found by the court not to be a resident of this State and to be a
resident of another state, he may be transferred to the state of his
residence pursuant to NRS 433.444 if an
appropriate institution of that state is willing to accept him.
2. The approval of the Administrator of the Division of Mental
Health and Developmental Services of the Department must be obtained
before any transfer is made pursuant to subsection 1.
(Added to NRS by 1975, 1607; A 1993, 2723; 1999, 102 )
When a psychiatrist and one other person professionally qualified in the
field of psychiatric mental health determines that an offender confined
in an institution of the Department of Corrections is mentally ill, the
Director of the Department of Corrections shall apply to the
Administrator for the offender’s detention and treatment at a division
facility selected by the Administrator. If the Administrator determines
that adequate security or treatment is not available in a division
facility, the Administrator shall provide, within the resources available
to the Division and as he deems necessary, consultation and other
appropriate services for the offender at the place where he is confined.
It is the Director’s decision whether to accept such services.
(Added to NRS by 1975, 1609; A 1977, 871; 1983, 509; 2001, 240
)
1. No person admitted to a public or private mental health
facility pursuant to this chapter shall, by reason of such admission, be
denied the right to dispose of property, marry, execute instruments, make
purchases, enter into contractual relationships, vote and hold a driver’s
license, unless such person has been specifically adjudicated incompetent
by a court of competent jurisdiction and has not been restored to legal
capacity.
2. If the responsible physician of the mental health facility in
which any person is detained is of the opinion that such person is unable
to exercise any of the aforementioned rights, the responsible physician
shall immediately notify the person and the person’s attorney, legal
guardian, spouse, parents or other nearest-known adult relative, and the
district court of that fact.
(Added to NRS by 1975, 1610)
A court-adjudicated mentally incompetent person admitted to
a public or private mental health facility may have a guardian appointed
either by the admitting court or by the district court of the county
wherein the mental health facility is located, on the application of any
interested person or, in the case of an indigent, on the application of
the district attorney of the county wherein the mental health facility is
located. The provisions of chapter 159 of NRS
shall govern the appointment and administration of guardianships created
pursuant to this chapter.
(Added to NRS by 1975, 1610)
1. The medical director of a division mental health facility shall
have all adjudicated mentally incompetent persons of that facility
automatically evaluated no less than once every 6 months to determine
whether or not there is sufficient cause to believe that the client
remains unable to exercise rights to dispose of property, marry, execute
instruments, make purchases, enter into contractual relationships, vote
or hold a driver’s license.
2. If the medical director has sufficient reason to believe that
the client remains unable to exercise these rights, such information
shall be documented in the client’s treatment record.
3. If there is no such reason to believe the client is unable to
exercise these rights, the medical director shall immediately initiate
proper action to cause to have the client restored to legal capacity.
(Added to NRS by 1975, 1610)
Any person in the State of Nevada who, by
reason of a judicial decree ordering his hospitalization entered prior to
July 1, 1975, is considered to be mentally incompetent and is denied the
right to dispose of property, marry, execute instruments, make purchases,
enter into contractual relationships, vote or hold a driver’s license
solely by reason of such decree shall, upon the expiration of the 6-month
period immediately following such date, be deemed to have been restored
to legal capacity unless, within such 6-month period, affirmative action
is commenced to have the person adjudicated mentally incompetent by a
court of competent jurisdiction.
(Added to NRS by 1975, 1610)
PAYMENT OF COSTS OF HOSPITALIZATION AND TREATMENT
No
person may be admitted to a private hospital or division mental health
facility pursuant to the provisions of this chapter unless mutually
agreeable financial arrangements relating to the costs of treatment are
made between the private hospital or division facility and the client or
person requesting his admission.
(Added to NRS by 1975, 1614)
1. Fees for the cost of treatment and services rendered through
any division facility must be established pursuant to the fee schedule
established under NRS 433.404 or
433B.250 , as appropriate.
2. The maximum fee established by the schedule must approximate
the actual cost per client for the class of client care provided.
3. The fee schedule must allow for a client to pay a portion of
the actual cost if it is determined that he and his responsible relatives
pursuant to NRS 433A.610 are unable
to pay the full amount. That determination must be made pursuant to NRS
433A.640 and 433A.650 .
4. Any reduction pursuant to subsection 3 of the amount owed must
not be calculated until all of the benefits available to the client from
third-party sources, other than Medicaid, have been applied to pay the
actual cost for the care provided.
(Added to NRS by 1975, 1614; A 1993, 1239, 2723)
1. A person who is admitted to a facility operated by the Division
and not determined to be indigent and every responsible relative pursuant
to NRS 433A.610 of the person shall
be charged for the cost of treatment and is liable for that cost. If
after demand is made for payment the person or his responsible relative
fails to pay that cost, the administrative officer may recover the amount
due by civil action.
2. All sums received by the administrative officer of a facility
operated by the Division pursuant to subsection 1 must be deposited in
the State Treasury and may be expended by the Division for the support of
that facility in accordance with the allotment, transfer, work program
and budget provisions of NRS 353.150 to
353.245 , inclusive.
(Added to NRS by 1975, 1615; A 1985, 2272; 1993, 1240)
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 mentally ill person who is a minor or the husband
or wife of a mentally ill person, if of sufficient ability, and the
estate of the mentally ill person, if the estate is sufficient for the
purpose, shall pay the cost of the mentally ill person’s maintenance,
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 1975, 1614; A 1987, 1446; 1993, 1240)
Payment
for the care, support, maintenance and other expenses of a person
admitted to a division mental health facility shall not be exacted from
such person’s estate if there is a likelihood of such person’s recovery
or release from such facility and payment will reduce his estate to such
an extent that he is likely to become a burden on the community in the
event of his discharge from such facility.
(Added to NRS by 1975, 1615)
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 clients who are
adjudicated mentally incompetent for subsistence, care or other expenses
of such clients. 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 433A.610
and the guardian of the estate of a
client may, from time to time, pay money to the division facility for the
future personal needs of the mentally incompetent client and for his
burial expenses. Money paid pursuant to this subsection must be credited
to the client in the clients’ personal deposit fund established pursuant
to NRS 433.539 .
(Added to NRS by 1975, 1615; A 1993, 1240)
1. Once a court has ordered the admission of a person to a
division facility, the administrative officer shall make an
investigation, pursuant to the provisions of this chapter, to determine
whether the person or his responsible relatives pursuant to NRS 433A.610
are capable of paying for all or a
portion of the costs that will be incurred during the period of admission.
2. If a person is admitted to a division facility pursuant to a
court order, that person and his responsible relatives are responsible
for the payment of the actual cost of the treatment and services rendered
during his admission to the division facility unless the investigation
reveals that the person and his relatives are not capable of paying the
full amount of the costs.
(Added to NRS by 1975, 1614; A 1993, 1241)
Determination
of ability to pay pursuant to NRS 433A.640 shall include investigation of whether the
client has benefits due and owing to him for the cost of his treatment
from third party sources, such as Medicare, Medicaid, social security,
medical insurance benefits, retirement programs, annuity plans,
government benefits or any other financially responsible third parties.
The administrative officer of a division mental health facility may
accept payment for cost of a client’s treatment from the client’s
insurance company, Medicare or Medicaid and other similar third parties.
(Added to NRS by 1975, 1614)
1. If the client, his responsible relative pursuant to NRS
433A.610 , 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
433.404 or 433B.250 , as appropriate, 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 1975, 1615; A 1993, 1241, 2723)
The expense of diagnostic,
medical and surgical services furnished to a client admitted to a
division facility by a person not on the staff of the facility, whether
rendered while the client is in a general hospital, an outpatient of a
general hospital or treated outside any hospital, must be paid by the
client, the guardian or relatives responsible pursuant to NRS 433A.610
for his care. In the case of an
indigent client or a client 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 client 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 mental health facility to
which the client is admitted payment should be made for nonresident
indigent clients and money is authorized pursuant to NRS 433.374 or 433B.230 and the money is authorized in approved
budgets.
(Added to NRS by 1975, 1617; A 1993, 1241, 1972, 2724; 1995, 664)
Claims by a
division mental health facility against the estates of deceased clients
may be presented to the executor or Administrator in the manner required
by law, and shall be paid as preferred claims equal to claims for
expenses of last illness. When a deceased person has been maintained at a
division mental health facility at a rate less than the maximum usually
charged, or the facility has incurred other expenses for the benefit of
the person for which full payment has not been made, the estate of the
person shall be liable if the estate is discovered within 5 years after
the person’s death.
(Added to NRS by 1975, 1617)
SEALING OF RECORDS
As used in NRS 433A.701 to 433A.711 , inclusive:
1. “Seal” means placing records in a separate file or other
repository not accessible to the general public.
2. “Substantial remission” means that a person professionally
qualified in the field of psychiatric mental health has evaluated the
client and found, for at least 2 years, no evidence of continuing mental
illness which would indicate the client’s need for psychiatric
medication, psychotherapy or other services related to his mental health.
(Added to NRS by 1987, 745)
Any person
who is admitted to a public or private hospital or mental health facility
in this state either voluntarily or as the result of a noncriminal
proceeding, and who has been released as recovered or with his illness in
substantial remission, may file a verified petition for the sealing of
all court and clinical records relating to his admission and treatment.
(Added to NRS by 1987, 745)
A petition filed pursuant to NRS 433A.703 must:
1. Be filed with the district court of the county where the
petitioner resides or, if the petitioner’s admission was involuntary,
with the district court which ordered the admission.
2. Set forth the facts bringing the petitioner within the purview
of that section.
3. Be accompanied by the affidavit of a psychiatrist, psychologist
or physician qualified in the field of psychiatric mental health who has
examined the petitioner. The affidavit must:
(a) Summarize the professional qualifications of the affiant;
(b) Set forth the date or dates on which he examined the
petitioner; and
(c) State that, in the opinion of the affiant, the petitioner has
recovered or his illness is in substantial remission.
(Added to NRS by 1987, 745; A 1989, 1551)
1. Upon the filing of a petition, the court shall fix a time, not
less than 10 days nor more than 30 days thereafter, for the hearing of
the matter. The court shall direct the clerk to issue a notice, reciting
briefly the substance of the petition, stating the time and date set for
the hearing, and requiring the person served with the notice to appear
before the court at the hearing if he desires to oppose the petition.
2. A copy of the notice, together with a copy of the petition,
must be served by the petitioner upon the medical director of each
hospital or mental health facility to which the petitioner was admitted.
(Added to NRS by 1987, 746)
1. At the time stated in the notice, or at the earliest time
thereafter to which the hearing is postponed, the court shall proceed to
hear the petition.
2. If, after the hearing, the court is satisfied that the matters
set forth in the petition and supporting affidavit are true, and no
reason appears to the contrary, the court shall order all court and
clinical records relating to the petitioner’s admission and treatment
sealed.
3. The clerk shall send a certified copy of the order to each
facility and hospital named therein. Each recipient of the order shall,
within 5 days after receipt of the order:
(a) Seal all records in its custody, as directed by the order.
(b) Advise the court of its compliance.
(c) Seal the copy of the order that it received.
(Added to NRS by 1987, 746)
1. If the court orders records of admission and treatment sealed
pursuant to NRS 433A.709 , the
petitioner’s admission is deemed never to have occurred, and the
petitioner may answer accordingly any question related to its occurrence.
2. If the records are sealed, the petitioner may thereafter
petition the court to permit inspection of the records by a person named
in the petition and the court may order the inspection.
3. The court may, upon the application of a district attorney or
an attorney representing the petitioner in a criminal action, permit an
inspection of the records.
4. If, after the sealing of the records, the petitioner is being
treated by a physician or licensed psychologist, the physician or
psychologist may obtain a copy of the petitioner’s records from the
hospital or facility. Any records so obtained must be used solely for the
treatment of the petitioner.
(Added to NRS by 1987, 746; A 1989, 1551)
CRIMES AND PENALTIES
Any public
officer or employee who transports or delivers or assists in transporting
or delivering or detains or assists in detaining any person pursuant to
the provisions of this chapter shall not be rendered civilly or
criminally liable thereby unless it is shown that such officer or
employee acted maliciously or in bad faith or that his negligence
resulted in bodily harm to such person.
(Added to NRS by 1975, 1609)
1. A person who:
(a) Without probable cause for believing a person to be mentally
ill causes or conspires with or assists another to cause the involuntary
court-ordered admission of the person under this chapter; or
(b) Causes or conspires with or assists another to cause the denial
to any person of any right accorded to him under this chapter,
Ê is guilty of a category D felony and shall be punished as provided in
NRS 193.130 .
2. Unless a greater penalty is provided in subsection 1, a person
who knowingly and willfully violates any provision of this chapter
regarding the admission of a person to, or discharge of a person from, a
public or private mental health facility is guilty of a gross misdemeanor.
3. A person who, without probable cause for believing another
person to be mentally ill, executes a petition, application or
certificate pursuant to this chapter, by which the person secures or
attempts to secure the apprehension, hospitalization, detention or
restraint of the person alleged to be mentally ill, or any physician,
psychiatrist or licensed psychologist who knowingly makes any false
certificate or application pursuant to this chapter as to the mental
condition of any person is guilty of a category D felony and shall be
punished as provided in NRS 193.130 .
(Added to NRS by 1975, 1608; A 1989, 1552; 1993, 2116; 1995, 1277)
