USA Statutes : nevada
Title : Title 39 - MENTAL HEALTH
Chapter : CHAPTER 436 - COMMUNITY PROGRAMS FOR MENTAL HEALTH
The Legislature declares that
the purposes of this chapter are:
1. To encourage and provide financial assistance to counties in
the establishment and development of mental health services, including
services to the mentally retarded and persons with related conditions,
through locally controlled community mental health programs.
2. To promote the improvement and, if necessary, the expansion of
already existing services which help to conserve the mental health of the
people of Nevada. It is the intent of this chapter that services to
individuals be rendered only upon voluntary application.
(Added to NRS by 1965, 764; A 1971, 1019; 1975, 1625; 1999, 2603
)
As used in this chapter, unless the
context requires otherwise:
1. “County board” means a county mental health advisory board.
2. “County director” means the director of a county program.
3. “County program” means a county community mental health program.
4. “Governing body” means the board of county commissioners.
5. “Service” means a mental health service.
(Added to NRS by 1965, 764; A 1971, 1019; 1975, 1625)
The
Division is designated as the official state agency responsible for
developing and administering preventive and outpatient mental health
services, subject to administrative supervision by the Director of the
Department. It shall function in the following areas:
1. Assisting and consulting with local health authorities in
providing community mental health services, which services may include
prevention, rehabilitation, case finding, diagnosis and treatment of the
mentally ill, and consultation and education for groups and individuals
regarding mental health.
2. Coordinating mental health functions with other state agencies.
3. Participating in and promoting the development of facilities
for training personnel necessary for implementing such services.
4. Collecting and disseminating information pertaining to mental
health.
5. Performing such other acts as are necessary to promote mental
health in the State.
(Added to NRS by 1961, 615; A 1963, 936; 1965, 373; 1969,
925)—(Substituted in revision for NRS 436.020)
The Division shall, subject to the
supervision of the Commission, administer this chapter. The Commission
shall adopt guidelines for county programs and regulations necessary
thereto, but these standards and regulations must be adopted only after
consultation with and approval of the county director of each program
being so administered. These standards and regulations must support and
maximize local responsibility for and control of county programs within
the framework of general guidelines.
(Added to NRS by 1971, 1018; A 1973, 1406; 1975, 1626; 1985, 2274)
The governing
body of any county may by ordinance or resolution establish a county
community mental health program which may cover the entire area of the
county.
(Added to NRS by 1965, 764; A 1971, 1019; 1975, 1626)
1. The county program shall have a county mental health advisory
board of seven to 15 members appointed by the governing body. The
composition of the county board shall be representative of providers of
mental health services, recipients or consumers of mental health
services, agencies and occupations having a working involvement with
mental health services and the general public, but such representation
need not be in any fixed proportion.
2. The term of each member of the advisory board shall be for 3
years, but of the members first appointed approximately one-third shall
be appointed for a term of 1 year, one-third for a term of 2 years and
one-third for a term of 3 years.
(Added to NRS by 1965, 764; A 1971, 1019; 1975, 1626)
The county board shall:
1. Review and evaluate communities’ needs, services, facilities
and special problems in the fields of mental health and mental
retardation and related conditions.
2. Advise the governing body as to programs of community mental
health services and facilities and services to the mentally retarded and
persons with related conditions, and, when requested by the governing
body, make recommendation regarding the appointment of a county director.
3. After adoption of a program, continue to act in an advisory
capacity to the county director.
(Added to NRS by 1965, 765; A 1975, 1626; 1999, 2604 )
The county board, with
the approval of a majority of the governing body, shall appoint a county
director, who must be a person professionally qualified in the field of
psychiatric mental health. The choice of appointing a physician or one
who is not a physician rests with the county board, and in making such
choice the county board shall consider the duties that the county
director is expected to perform.
(Added to NRS by 1965, 765; A 1971, 1019; 1975, 1627)
The county
director shall:
1. Serve as chief executive officer of the county program and be
accountable to the county board.
2. Exercise administrative responsibility and authority over the
county program and facilities furnished, operated or supported in
connection therewith, and over services to the mentally retarded and
persons with related conditions, except as administrative responsibility
is otherwise provided for in this title.
3. Recommend to the governing body, after consultation with the
county board, the providing of services, establishment of facilities,
contracting for services or facilities and other matters necessary or
desirable to accomplish the purposes of this chapter.
4. Submit an annual report to the governing body reporting all
activities of the program, including a financial accounting of
expenditures and a forecast of anticipated needs for the ensuing year.
5. Carry on such studies as may be appropriate for the discharge
of his duties, including the control and prevention of psychiatric
disorders and the treatment of mental retardation and related conditions.
(Added to NRS by 1965, 765; A 1971, 1020; 1975, 1627; 1999, 2604
)
The governing body of any county may by agreement with the governing
body or bodies of any other county or counties establish joint community
mental health programs.
(Added to NRS by 1965, 765; A 1971, 1020; 1975, 1627)
1. Any agreement between two or more counties for the
establishment of joint county programs shall provide:
(a) That each county shall bear its share of the cost of the joint
county program in proportion to the population of each county served.
(b) That the county treasurer of one participating county shall be
the custodian of moneys made available for the purposes of such joint
program and that the county treasurer may make payments from such moneys
upon warrant of the appropriate officer or body of the county for which
he is county treasurer.
2. Any such agreement may also provide:
(a) For the joint provision and operation of services and
facilities or for the provision and operation of services and facilities
by one participating county under contract for the other participating
counties.
(b) For appointments of members of the board for the joint program
by the several participating counties.
(c) That for specified purposes officers and employees of such
joint county programs shall be considered to be officers and employees of
one participating county only.
(d) For such other matters as are necessary or proper to effectuate
the purposes of this chapter.
(Added to NRS by 1965, 765; A 1971, 1020; 1975, 1627)
Unless otherwise expressly provided or required by the context, the
provisions of this chapter relating to county community mental health
programs and the appointment of county boards or county directors shall
apply to joint county programs.
(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628)
The county director may, with the approval of a majority of
the governing body, contract for services and facilities with any
hospital, clinic, laboratory or other similar institution.
(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628)
The expenses
incurred under the provisions of this chapter shall be a charge against
the county and shall be audited, levied, collected and paid in the same
manner as other charges.
(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628)
Except
as otherwise provided in NRS 436.110 to
436.320 , inclusive:
1. Funds to carry out the provisions of this chapter shall be
provided by direct legislative appropriation from the General Fund. Such
funds shall be expended in accordance with the allotment, transfer, work
program and budget provisions of NRS 353.150 to 353.246 ,
inclusive, and transfers to and from salary allotments, travel
allotments, operating expense allotments, equipment allotments, and other
allotments shall be allowed and made in accordance with the provisions of
NRS 353.215 to 353.225 , inclusive, and after separate consideration
of the merits of each request.
2. All moneys in any fund available to the Division for carrying
out the provisions of this chapter shall be paid out on claims approved
by the Administrator as other claims against the State are paid.
(Added to NRS by 1961, 616; A 1963, 937; 1965, 374, 769; 1969, 925;
1971, 1018; 1975, 1625)—(Substituted in revision for NRS 436.090)
Expenditures made by counties for county programs, including services to
the mentally retarded and persons with related conditions, pursuant to
this chapter, must be reimbursed by the State pursuant to NRS 436.240
to 436.320 , inclusive.
(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628; 1999, 2604
)
1. A service operated within a county program must be directed to
at least one of the following mental health areas:
(a) Mental illness;
(b) Mental retardation and related conditions;
(c) Organic brain and other neurological impairment;
(d) Alcoholism; and
(e) Drug abuse.
2. A service is any of the following:
(a) Diagnostic service;
(b) Emergency service;
(c) Inpatient service;
(d) Outpatient or partial hospitalization service;
(e) Residential, sheltered or protective care service;
(f) Habilitation or rehabilitation service;
(g) Prevention, consultation, collaboration, education or
information service; and
(h) Any other service approved by the Division.
(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628; 1999, 2604
)
To be
eligible for reimbursement a county, or in the case of joint county
programs, two or more counties, shall first:
1. Establish one or more of the services provided for in NRS
436.240 . In-service training necessary
to providing such services shall be proper items of expenditures subject
to state reimbursement.
2. Annually submit to the Administrator a plan for proposed
expenditures. The Administrator shall review such plan to determine
compliance with standards established in this chapter and fix the amount
subject to state reimbursement. Existing services may qualify pursuant to
the provisions of this chapter for reimbursement upon determination by
the county board that such services shall be subject to and administered
under the provisions of this chapter.
(Added to NRS by 1965, 766; A 1971, 1022; 1975, 1629)
240 ; investigation and audit of
expenditures. Expenditures incurred for the items specified in NRS
436.240 shall be subject to
reimbursement in accordance with the regulations of the Division whether
incurred by direct or joint operation of such services, by contracting
for such services or by other arrangement pursuant to the provisions of
NRS 436.110 to 436.320 , inclusive. The Administrator may make such
investigations and audits of such expenditures as he may deem necessary.
(Added to NRS by 1965, 767; A 1971, 1022; 1975, 1629)
1. Money provided by direct legislative appropriation for purposes
of reimbursement as provided by NRS 436.230 to 436.260 ,
inclusive, must be allotted to the governing body as follows:
(a) The state shall pay to each county a sum equal to 90 percent of
the total proposed expenditures as reflected by the plan of proposed
expenditures submitted pursuant to NRS 436.250 if the county has complied with the provisions
of paragraph (b).
(b) Before payment under this subsection, the governing body of a
county must submit evidence to the Administrator that 10 percent of the
total proposed expenditures have been raised and budgeted by the county
for the establishment or maintenance of a county program.
2. All state and federal moneys appropriated or authorized for the
promotion of mental health or for services to the mentally retarded and
persons with related conditions in the State of Nevada must be disbursed
through the Division in accordance with the provisions of this chapter
and rules and regulations adopted in accordance therewith.
(Added to NRS by 1965, 767; A 1969, 926; 1971, 1022; 1975, 1629;
1999, 2605 )
Where counties have
established joint county programs, expenditures subject to reimbursement
are the prorated expenditures of such counties as provided by the
agreement establishing the joint program.
(Added to NRS by 1965, 767; A 1971, 1023; 1975, 1630)
1. Expenditures subject to reimbursement include:
(a) Expenditures for the items specified in NRS 436.240 ;
(b) Salaries of personnel;
(c) Approved facilities and services provided through contract;
(d) Operation, maintenance and service costs; and
(e) Such other expenditures as may be approved by the Administrator.
2. Reimbursement may not be made for:
(a) Expenditures for capital improvements;
(b) The purchase or construction of buildings;
(c) Compensation to members of a county board, except for actual
and necessary expenses incurred in the performance of official duties;
(d) Expenditures for a purpose for which state reimbursement is
claimed under any other provision of law;
(e) Expenditures incurred for court procedures under this or any
other provision of law; or
(f) The cost of confinement of any person in excess of 90 days in
any 1 calendar year.
3. Reimbursement may not be made to any county or counties which
employ a physician in the county program who is not a lawful permanent
resident of the United States.
(Added to NRS by 1965, 767; A 1971, 1023; 1973, 10; 1975, 1630)
1. Claims for state reimbursement shall be made in such form, at
such times, and for such periods as the Administrator shall determine.
2. When certified by the Administrator, claims for state
reimbursement shall be presented to the State Board of Examiners.
(Added to NRS by 1965, 768)
Fees for mental health services, including services to the mentally
retarded and persons with related conditions, rendered pursuant to an
approved county plan must be charged in accordance with ability to pay,
but not in excess of actual cost.
(Added to NRS by 1965, 768; A 1975, 1630; 1999, 2605 )
1. There is hereby established the Nevada Conference of County
Community Mental Health Programs. The Division shall take appropriate
steps to effectuate the establishment of the Conference as provided in
this section.
2. The voting membership of the Conference shall consist of the
county director of each county program and one member of the county board
of each county program to be chosen by such board. The nonvoting
membership of the Conference shall consist of the Administrator and such
other employees of the Division as the Administrator shall designate, but
such employees shall be not less than two nor more than 15 in number.
3. A scheduled meeting of the Conference shall be convened at
least once every 6 months. A nonscheduled meeting shall be convened upon
the request of two-thirds of the voting membership. Meetings shall be
called and chaired by the Administrator or his official designee.
4. The Conference may organize itself in such manner and adopt
such procedures as it deems appropriate.
5. The purpose of the Conference is to serve as an organized forum
for the discussion of the following matters:
(a) Recommendations for rules of the Division to implement this
chapter as provided in NRS 436.125 ;
(b) Coordination and integration of county program services and
state services; and
(c) Such other matters as members may bring before the Conference
in connection with county programs or the relationship between county
programs and the Division.
6. A resolution, proclamation, recommendation or similar
pronouncement of the Conference does not have any legal effect.
(Added to NRS by 1965, 768; A 1975, 1631)
