Nev. Rev. Stat. § 433A.390 — NV Code / Title 39 / Chapter 433A / Section 433A.390
Release without further order of court at end of period specified; unconditional early release; notice to court and legal guardian
Status: in_force

1. When a consumer, involuntarily admitted to a mental health facility or required to receive assisted outpatient treatment by court order, is released at the end of the period specified pursuant to NRS 433A.310 or 433A.343 , as applicable, written notice must be given to the court that issued the order not later than 3 judicial days after the release of the consumer. The consumer may be released without requiring further orders of the court. If the consumer has a legal guardian, the facility or the person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment shall notify the guardian in the manner prescribed by subsection 6 at least 3 days before discharging the consumer from the facility or treatment or, if the consumer will be released in less than 3 days, as soon as practicable.

2. The legal guardian of a consumer involuntarily admitted to a mental health facility, if applicable, has discretion to determine where the consumer will be released pursuant to subsection 1, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the consumer will be released within 3 days after the date of notification, the facility must discharge the consumer according to its proposed discharge plan.

3. Except as otherwise provided in NRS 432B.608 and 432B.60818 , a consumer who is involuntarily admitted to a mental health facility may be unconditionally released before the period specified in NRS 433A.310 when the physician primarily responsible for treating the patient, a psychiatrist or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 determines that the consumer is no longer a person in a mental health crisis. If the consumer has a legal guardian, the facility shall notify the guardian in the manner prescribed by subsection 6 at least 3 days before discharging the consumer from the facility or, if the consumer will be released in less than 3 days, as soon as practicable. The legal guardian, if applicable, has discretion to determine where the consumer will be released, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the consumer will be released within 3 days after the date of notification, the facility shall discharge the consumer according to its proposed discharge plan.

4. A consumer who is required to receive assisted outpatient treatment may be unconditionally released before the period specified in NRS 433A.343 when the person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment for the consumer determines that: (a) The consumer no longer requires assisted outpatient treatment to prevent further disability or deterioration that would result in the person becoming a person in a mental health crisis; (b) The consumer is willing and likely to voluntarily participate in outpatient treatment that enables the person to live safely in the community without the supervision of the court; or (c) After the order for assisted outpatient treatment has been effective for at least 30 days, the assisted outpatient treatment is not meeting the needs of the consumer.

5. If a consumer who will be released from assisted outpatient treatment pursuant to subsection 4 has a legal guardian, the person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment to the consumer shall notify the guardian in the manner prescribed by subsection 6 at least 3 days before discharging the consumer from the treatment or, if the consumer will be released in less than 3 days, as soon as practicable.

6. Notification of a guardian pursuant to subsection 1, 3 or 5 must be provided: (a) In person or by telephone; or (b) If the mental health facility or the person professionally qualified in the field of psychiatric mental health, as applicable, is not able to contact the guardian in person or by telephone, by facsimile, electronic mail or certified mail.

7. A mental health facility or a person professionally qualified in the field of psychiatric mental health responsible for providing treatment to a consumer shall provide written notice to the court that issued the order not later than 3 judicial days after unconditionally releasing a consumer pursuant to subsection 3 or 4.
Nev. Rev. Stat. § 433.706 — NV Code / Title 39 / Chapter 433 / Section 433.706
Requirements for and duties of support center
Status: in_force

1. Any support center established pursuant to NRS 433.704 must: (a) Meet the requirements established for participation in the National Suicide Prevention Lifeline program including, without limitation, requirements established by the National Suicide Prevention Lifeline program for serving lesbian, gay, bisexual, transgender and questioning persons, persons with substance use disorders or persons with co-occurring disorders, Native Americans and other high-risk and specialized populations identified by the Substance Abuse and Mental Health Services Administration of the United States Health and Human Services. Such requirements include, without limitation, requirements for training staff to respond to callers who are members of specialized populations and transferring such callers to an appropriate specialized center or subnetwork. (b) Use technology that is interoperable between systems for responding to crises and emergencies across this State, including, without limitation: (1) Systems used to provide emergency 911 service; (2) Systems used by providers of emergency medical services; and (3) Registries of beds available for persons who require inpatient psychiatric treatment.

2. A support center shall: (a) Enter into an agreement with the National Suicide Prevention Lifeline program to participate in the network of local crisis support centers established by that program; (b) Implement the operational and clinical standards and best practices prescribed by the National Suicide Prevention Lifeline program for a local crisis support center; (c) Share information with other persons and entities in this State responsible for providing services to persons in a behavioral health crisis to facilitate performance of the duties described in paragraph (d); (d) Coordinate and deploy necessary services, including, without limitation, crisis stabilization services and mobile crisis teams, for persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline established pursuant to NRS 433.704 ; and (e) Provide follow-up services for persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline established pursuant to NRS 433.704 .

3. As used in this section, “crisis stabilization services” has the meaning ascribed to it in NRS 449.0915 .
Nev. Rev. Stat. § 433.732 — NV Code / Title 39 / Chapter 433 / Section 433.732
Fund for a Resilient Nevada: Creation and administration; appropriation and expenditure of money in Fund; acceptance of gifts, grants and donations
Status: in_force

1. The Fund for a Resilient Nevada is hereby created in the State Treasury. Unless otherwise required by the applicable judgment or settlement, the Attorney General shall, after deducting any fees and costs imposed pursuant to an applicable contingent fee contract as described in NRS 228.111 , deposit in the Fund all money received by this State pursuant to any judgment received or settlement entered into by the State of Nevada as a result of litigation concerning the manufacture, distribution, sale or marketing of opioids conducted in accordance with the declaration of findings issued by the Governor and the Attorney General pursuant to paragraph (a) of subsection 1 of NRS 228.1111 on January 24, 2019.

2. The Director of the Department shall administer the Fund.

3. The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.

4. To the extent authorized by the terms of any judgment or settlement described in subsection 1, the Director of the Department may submit to the Interim Finance Committee a request for an allocation for administrative expenses from the Fund pursuant to this section. Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund must not exceed 8 percent of the money deposited into the Fund. For the purposes of this subsection, expenses directly related to conducting a statewide needs assessment pursuant to paragraph (a) of subsection 1 of NRS 433.734 , developing the statewide plan to allocate money from the Fund pursuant to paragraph (b) of subsection 1 of NRS 433.734 and allocating money from the Fund in accordance with that statewide plan do not constitute administrative expenses.

5. The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.

6. Except as otherwise provided in subsection 4, all money that is deposited or paid into the Fund is hereby appropriated to the Department to be used, subject to the provisions of chapter 353 of NRS, to carry out the provisions of NRS 433.734 to 433.740 , inclusive.

7. Money expended from the Fund must not be used to supplant existing methods of funding that are available to state, regional, local or tribal agencies.

8. The Department may accept and deposit into the Fund gifts, grants, donations and appropriations to support the activities described in NRS 433.734 to 433.740 , inclusive.
Nev. Rev. Stat. § 435.665 — NV Code / Title 39 / Chapter 435 / Section 435.665
Collection of fees by legal action and other methods
Status: in_force

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.
Nev. Rev. Stat. § 433.734 — NV Code / Title 39 / Chapter 433 / Section 433.734
Statewide needs assessment; statewide plan to allocate money; report; regulations
Status: in_force

1. At least once every 4 years, the Department, in consultation with the Office, shall: (a) Conduct a statewide needs assessment in accordance with NRS 433.736 ; and (b) Based on the statewide needs assessment, develop or revise, as applicable, a statewide plan to allocate the money in the Fund in accordance with NRS 433.738 .

2. When performing the duties described in subsection 1, the Department and the Office shall consider: (a) The recommendations provided by the Advisory Committee in the report submitted pursuant to NRS 433.730 ; and (b) The recommendations of state, regional, local and tribal governmental entities in this State whose work relates to opioid use disorder and other substance use disorders.

3. On or before January 31 of each year, the Department shall transmit a report concerning all findings and recommendations made and money expended pursuant to NRS 433.734 to 433.740 , inclusive, to: (a) The Governor; (b) The Director of the Legislative Counsel Bureau for transmittal to: (1) In odd-numbered years, the next regular session of the Legislature; and (2) In even-numbered years, the Joint Interim Standing Committee on Health and Human Services and the Interim Finance Committee; (c) The Commission; (d) Each regional behavioral health policy board created by NRS 433.429 ; (e) The Office of the Attorney General; and (f) Any other committees or commissions the Director of the Department deems appropriate.

4. The Department may adopt any regulations or take such other actions as are necessary to carry out its duties pursuant to NRS 433.712 to 433.744 , inclusive.
Nev. Rev. Stat. § 433.332 — NV Code / Title 39 / Chapter 433 / Section 433.332
Division facility required to forward patient's medical records upon transfer of patient from facility
Status: in_force

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.
Nev. Rev. Stat. § 435.070 — NV Code / Title 39 / Chapter 435 / Section 435.070
Administration of facilities; regulations
Status: in_force

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.
Nev. Rev. Stat. § 433A.343 — NV Code / Title 39 / Chapter 433A / Section 433A.343
Findings and order; conditions for order to receive assisted outpatient treatment; alternative courses of treatment; transmittal of record to Central Repository for Nevada Records of Criminal History and law enforcement agencies
Status: in_force

1. If the district court finds, after proceedings for the assisted outpatient treatment of a person: (a) That the person professionally qualified in the field of psychiatric mental health who made the sworn statement or declaration pursuant to paragraph (b) of subsection 4 of NRS 433A.335 or submitted the petition pursuant to NRS 433A.345 , as applicable, is not able to provide treatment to the person who is the subject of the proceedings in the county where he or she resides or that there is not clear and convincing evidence that the person who is the subject of the proceedings meets the criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345 , as applicable, the court must enter its finding to that effect and the person must not be ordered to receive assisted outpatient treatment. (b) That the person professionally qualified in the field of psychiatric mental health who made the sworn statement or declaration pursuant to paragraph (b) of subsection 4 of NRS 433A.335 or submitted the petition pursuant to NRS 433A.345 , as applicable, is able to provide treatment to the person who is the subject of the proceedings in the county where he or she resides and that there is clear and convincing evidence that the person who is the subject of the proceedings meets the criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345 , as applicable, the court may order the person to receive assisted outpatient treatment. The order of the court must be interlocutory and must not become final if, within 30 days after the issuance of the order, the person is unconditionally released pursuant to NRS 433A.390 .

2. If the district court finds, after proceedings for the assisted outpatient treatment of a defendant in a criminal proceeding pursuant to subsection 2 of NRS 433A.335 : (a) That the person professionally qualified in the field of psychiatric mental health who made the sworn statement or declaration pursuant to paragraph (b) of subsection 4 of NRS 433A.335 or submitted the petition pursuant to NRS 433A.345 , as applicable, is not able to provide treatment to the defendant in the county where he or she resides or that there is not clear and convincing evidence that the defendant meets the criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345 , as applicable, the court must enter its finding to that effect and the defendant must not be ordered to receive assisted outpatient treatment. (b) That the person professionally qualified in the field of psychiatric mental health who made the sworn statement or declaration pursuant to paragraph (b) of subsection 4 of NRS 433A.335 or submitted the petition pursuant to NRS 433A.345 , as applicable, is able to provide treatment to the defendant in the county where he or she resides and that there is clear and convincing evidence that the defendant meets the criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345 , as applicable, except as otherwise provided in this paragraph, the court must order the defendant to receive assisted outpatient treatment and suspend further proceedings in the criminal proceeding against the defendant until the defendant completes the treatment or the treatment is terminated. If the offense allegedly committed by the defendant is a category A or B felony or involved the use or threatened use of force or violence, the court must not order the defendant to receive assisted outpatient treatment pursuant to this paragraph unless the prosecuting attorney stipulates to the assignment. The order of the court must be interlocutory and must not become final if, within 30 days after the issuance of the order, the person is unconditionally released pursuant to NRS 433A.390 . If the defendant successfully completes the assisted outpatient treatment to the satisfaction of the court, the court must dismiss the criminal charges against the defendant with prejudice.

3. An order for a person to receive assisted outpatient treatment must: (a) Provide for a period of assisted outpatient treatment that does not exceed 6 months unless the order is renewed or extended pursuant to NRS 433A.345 ; (b) Specify the services that the person who is to be treated must receive; and (c) Direct the person professionally qualified in the field of psychiatric mental health who made the sworn statement or declaration pursuant to paragraph (b) of subsection 4 of NRS 433A.335 or submitted the petition pursuant to NRS 433A.345 , as applicable, to provide the services pursuant to paragraph (b) for the duration of the order.

4. If an order for a person to receive assisted outpatient treatment requires the administration of medication, the order must state the classes of medication and the reasons for ordering the medication, which must be based on the proposed written treatment plan submitted pursuant to NRS 433A.337 . The order may require the person who is to be treated to self-administer the medication or accept the administration of the medication by a specified person. The court shall not order the use of physical force or restraints to administer medication.

5. An order for a person to receive assisted outpatient treatment must not prescribe treatment that is not recommended by the person professionally qualified in the field of psychiatric mental health who made the sworn statement or declaration pursuant to paragraph (b) of subsection 4 of NRS 433A.335 or submitted the petition pursuant to NRS 433A.345 , as applicable.

6. If the court issues an order requiring a person to receive assisted outpatient treatment, the court must, notwithstanding the provisions of NRS 433A.715 , cause, within 5 business days after the order becomes final pursuant to this section, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to: (a) The Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System; and (b) Each law enforcement agency of this State with which the court has entered into an agreement for such transmission, along with a statement indicating that the record is being transmitted for inclusion in each of this State's appropriate databases of information relating to crimes.

7. A court may periodically review an order for a person to receive assisted outpatient treatment to determine whether there is an available alternative treatment that is the least restrictive treatment that is appropriate for the person, is in the best interest of the person and will not be detrimental to the public welfare. If the court determines that such a treatment is available, the court must amend the order to require such treatment.

8. As used in this section, “National Instant Criminal Background Check System” has the meaning ascribed to it in NRS 179A.062 .
Nev. Rev. Stat. § 435.615 — NV Code / Title 39 / Chapter 435 / Section 435.615
Retaliation by officer, director or employee of facility prohibited
Status: in_force

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,

by the facility or a staff member of the facility.
Nev. Rev. Stat. § 433A.160 — NV Code / Title 39 / Chapter 433A / Section 433A.160
Procedure for placement on mental health crisis hold; regulations concerning accredited agent of Division
Status: in_force

1. An officer authorized to make arrests in the State of Nevada or a physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse who, based on his or her personal observation of a person or the issuance of a court order pursuant to NRS 433A.155 , has probable cause to believe that the person is a person in a mental health crisis, may place the person on a mental health crisis hold by: (a) Taking the person into custody without a warrant for assessment, evaluation, intervention and treatment at a public or private mental health facility or hospital; and (b) Completing and providing to the public or private mental health facility or hospital the form prescribed pursuant to NRS 433A.085 for the placement of a person on a mental health crisis hold. The form must set forth the circumstances under which the person was taken into custody and the reasons therefor.

2. A person who places another person on a mental health crisis hold pursuant to subsection 1 may transport that person to a public or private mental health facility or hospital or arrange for the person to be transported by: (a) A local law enforcement agency; (b) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority; (c) An entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421 ; (d) An accredited agent of the Division; (e) A provider of nonemergency secure behavioral health transport services licensed under the regulations adopted pursuant to NRS 433.3317 ; or (f) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS .

3. To the extent practicable, a person described in subsection 1 shall attempt to obtain the consent of the parent or guardian of an unemancipated person who is less than 18 years of age before placing the person on a mental health crisis hold. The person who places an unemancipated person who is less than 18 years of age on a mental health crisis hold or, if the person is acting within the scope of his or her employment, the employer of the person, shall maintain documentation of each such attempt until the person who is placed on a mental health crisis hold reaches at least 23 years of age.

4. The State Board of Health shall adopt regulations governing the manner in which: (a) A person may apply to become an accredited agent of the Division; and (b) Accredited agents of the Division will be monitored and disciplined for professional misconduct.

5. As used in this section, “an accredited agent of the Division ” means any person authorized by the Division to transport to a mental health facility pursuant to paragraph (d) of subsection 2 those persons being placed on a mental health crisis hold.
Nev. Rev. Stat. § 433.5473 — NV Code / Title 39 / Chapter 433 / Section 433.5473
“Person with a disability” defined
Status: in_force

“Person with a disability” means a person who:

1. Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;

2. Has a record of such an impairment; or

3. Is regarded as having such an impairment.
Nev. Rev. Stat. § 433.424 — NV Code / Title 39 / Chapter 433 / Section 433.424
Mental health center revolving accounts
Status: in_force

A mental health center revolving account up to the amount of $5,000 is hereby created for each division mental health center, and may be used for the payment of mental health center bills 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 mental health centers on claims as other claims against the State are paid.
Nev. Rev. Stat. § 433B.230 — NV Code / Title 39 / Chapter 433B / Section 433B.230
State not responsible for payment of costs of care and treatment at other facility; exception
Status: in_force

The State is not responsible for payment of the costs of care and treatment of children admitted to a facility not operated by the Division except as otherwise provided in NRS 433.374 or where, before admission, the Administrator or the Administrator’s designee authorizes the expenditure of state money for that purpose.
Nev. Rev. Stat. § 435.375 — NV Code / Title 39 / Chapter 435 / Section 435.375
Cooperative agreement with Rehabilitation Division to provide long-term support; regulations
Status: in_force

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.
Nev. Rev. Stat. § 435.540 — NV Code / Title 39 / Chapter 435 / Section 435.540
“Facility” defined
Status: in_force

“ 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 .
Nev. Rev. Stat. § 433A.185 — NV Code / Title 39 / Chapter 433A / Section 433A.185
Notice of mental health crisis hold for person who is under 18 years of age; maintenance of documentation of notice
Status: in_force

As soon as practicable but not more than 8 hours after an unemancipated person who is under 18 years of age is placed on a mental health crisis hold, the administrative officer of the public or private mental health facility or hospital in which the person is being held or his or her designee shall attempt to give notice of the mental health crisis hold in person, by telephone or facsimile and by certified mail to the parent or legal guardian of that person and shall maintain documentation of each such attempt until the person who is placed on a mental health crisis hold reaches at least 23 years of age.
Nev. Rev. Stat. § 433.458 — NV Code / Title 39 / Chapter 433 / Section 433.458
“Administrative officer” defined
Status: in_force

“ Administrative officer ” means a person with overall executive and administrative responsibility for a facility that provides services relating to mental health and that is operated by any public or private entity.
Nev. Rev. Stat. § 433A.580 — NV Code / Title 39 / Chapter 433A / Section 433A.580
Arrangements for payment of costs required
Status: in_force

No person may be admitted or transferred to a private hospital or a division mental health facility, ordered to receive assisted outpatient treatment or transferred to a different person professionally qualified in the field of psychiatric mental health to provide assisted outpatient treatment pursuant to the provisions of this chapter unless mutually agreeable financial arrangements relating to the costs of treatment are made between the private hospital, division facility or person professionally qualified in the field of psychiatric mental health responsible for providing assisted outpatient treatment and the consumer or person requesting his or her admission.
Nev. Rev. Stat. § 433B.070 — NV Code / Title 39 / Chapter 433B / Section 433B.070
“Division facility” defined
Status: in_force

“ Division facility ” means any unit or subunit operated by the Division for the care and treatment of consumers.
Nev. Rev. Stat. § 435.129 — NV Code / Title 39 / Chapter 435 / Section 435.129
Discharge of consumer; notice to consumer, consumer's representative and court
Status: in_force

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.
Nev. Rev. Stat. § 435.340 — NV Code / Title 39 / Chapter 435 / Section 435.340
Legal capacity of person with an intellectual disability or person with a developmental disability unimpaired unless adjudicated incapacitated
Status: in_force

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.
Nev. Rev. Stat. § 433A.600 — NV Code / Title 39 / Chapter 433A / Section 433A.600
Charges to nonindigent persons admitted to facility or assisted outpatient treatment and responsible relative; recovery by civil action; disposition of receipts
Status: in_force

1. A person who is admitted to a division facility or who receives assisted outpatient treatment 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 or her responsible relative fails to pay that cost, the administrative officer or person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment, as applicable, may recover the amount due by civil action.

2. All sums received pursuant to subsection 1 must be deposited in the State Treasury and may be expended by the Division for the support of that facility or of assisted outpatient treatment in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245 , inclusive.
Nev. Rev. Stat. § 435.085 — NV Code / Title 39 / Chapter 435 / Section 435.085
Transfer of person from division facility to hospital; payment of expenses
Status: in_force

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.
Nev. Rev. Stat. § 435.270 — NV Code / Title 39 / Chapter 435 / Section 435.270
Gifts and grants of money: Use; deposit
Status: in_force

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.
Nev. Rev. Stat. § 435.555 — NV Code / Title 39 / Chapter 435 / Section 435.555
Rights concerning admission and discharge of consumers
Status: in_force

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.
Nev. Rev. Stat. § 435.625 — NV Code / Title 39 / Chapter 435 / Section 435.625
Disposition of personal property of consumer upon death
Status: in_force

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, 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.
Nev. Rev. Stat. § 433.628 — NV Code / Title 39 / Chapter 433 / Section 433.628
“Peer recovery support specialist intern” defined
Status: in_force

“ Peer recovery support specialist intern ” means an adult who is authorized under the provisions of NRS 433.631 to provide peer recovery support services for compensation as a regular part of his or her job duties while the adult is acquiring the experience necessary for certification as a peer recovery support specialist.
Nev. Rev. Stat. § 435.550 — NV Code / Title 39 / Chapter 435 / Section 435.550
Right to habeas corpus unimpaired
Status: in_force

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.
Nev. Rev. Stat. § 433A.300 — NV Code / Title 39 / Chapter 433A / Section 433A.300
Fees and mileage for witnesses
Status: in_force

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.
Nev. Rev. Stat. § 433A.040 — NV Code / Title 39 / Chapter 433A / Section 433A.040
Administrative officer: Other employment prohibited; exceptions
Status: in_force

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.
Nev. Rev. Stat. § 433A.310 — NV Code / Title 39 / Chapter 433A / Section 433A.310
Findings and order; expiration and renewal of admission to facility; alternative courses of treatment; transmittal of record to Central Repository for Nevada Records of Criminal History and law enforcement agencies; prohibition on transfer of case; notification of transfer of admitted person
Status: in_force

1. Except as otherwise provided in NRS 432B.6076 and 432B.60815 , if the district court finds, after proceedings for the involuntary court-ordered admission of a person: (a) That there is not clear and convincing evidence that the person with respect to whom the hearing was held is a person in a mental health crisis, the court must enter its finding to that effect and the person must not be involuntarily admitted to a public or private mental health facility. If the person has been detained in a public or private mental health facility or hospital under a mental health crisis hold pursuant to NRS 433A.160 , including, without limitation, where the person has been admitted under an emergency admission pursuant to NRS 433A.162 , the court must issue a written order requiring the facility or hospital to release the person not later than 24 hours after the court issues the order, unless the person applies for admission as a voluntary consumer pursuant to NRS 433A.140 . (b) That there is clear and convincing evidence that the person with respect to whom the hearing was held is a person in a mental health crisis, the court may order the involuntary admission of the person to a public or private mental health facility. 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 and 432B.60818 , 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 after a determination by the physician primarily responsible for treating the patient, a psychiatrist or an advanced practice registered nurse as provided for in subsection 3 of NRS 433A.390 . Except as otherwise provided in NRS 432B.608 and 432B.60818 , at the end of the involuntary court-ordered admission, the Division or any mental health facility that is not operated by the Division may petition to renew the involuntary admission of the person for additional periods not to exceed 6 months each. For each renewal, the petition must include evidence which meets the same standard set forth in subsection 1 that was required for the initial period of admission of the person to a public or private mental health facility.

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, including assisted outpatient treatment, 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.

4. If the court issues an order involuntarily admitting a person to a public or private mental health facility pursuant to this section, the court must, notwithstanding the provisions of NRS 433A.715 , cause, within 5 business days after the order becomes final pursuant to this section, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to: (a) The Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System; and (b) Each law enforcement agency of this State with which the court has entered into an agreement for such transmission, along with a statement indicating that the record is being transmitted for inclusion in each of this State's appropriate databases of information relating to crimes.

5. After issuing an order pursuant to this section, a court shall not transfer the case to another court.

6. A public or private mental health facility to which a person is involuntarily admitted pursuant to this section shall notify the court and the counsel for the person if the person is transferred to another facility.

7. As used in this section, “ National Instant Criminal Background Check System ” has the meaning ascribed to it in NRS 179A.062 .
Nev. Rev. Stat. § 433B.020 — NV Code / Title 39 / Chapter 433B / Section 433B.020
“Administrative officer” defined
Status: in_force

“Administrative officer” means a person with overall executive and administrative responsibility for those state or nonstate facilities for the mental health of children designated by the Administrator.
Nev. Rev. Stat. § 433C.280 — NV Code / Title 39 / Chapter 433C / Section 433C.280
Eligibility for reimbursement: Requirements
Status: in_force

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 433C.270 . 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.
Nev. Rev. Stat. § 433A.380 — NV Code / Title 39 / Chapter 433A / Section 433A.380
Conditional release: No liability of State; restoration of rights; notice to court, district attorney and legal guardian
Status: in_force

1. 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: (a) The conditional release is in the best interest of the person, will provide the least restrictive treatment that is appropriate for the person and will not be detrimental to the public welfare; (b) A community treatment program, social services agency, mobile crisis team or multi-disciplinary team has agreed to provide case management, support and supervision to the person to ensure his or her compliance with the conditions of the release; and (c) The person qualifies to receive case management, support and supervision from the community treatment program, social services agency, mobile crisis team or multi-disciplinary team.

2. The medical director of the facility or the medical director's designee 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 admission pursuant to NRS 433A.310 . If the person has a legal guardian, the facility must notify the guardian at least 3 days before discharging the person from the facility or, if the person will be released in less than 3 days, as soon as practicable. Notification of the legal guardian must be provided: (a) In person or by telephone; or (b) If the facility is not able to contact the guardian in person or by telephone, by facsimile, electronic mail or certified mail.

3. The legal guardian has discretion to determine where the person will be released, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the person will be released within 3 days after the date of notification, the facility must discharge the person according to its proposed discharge plan.

4. Before conditionally releasing a person from a public or private mental health facility pursuant to this section, the medical director of the facility must notify the court that ordered the involuntary admission. The court may periodically review the appropriateness of the conditional release and the terms thereof, but the court may not terminate the conditional release except through proceedings for involuntary admission pursuant to NRS 433A.200 to 433A.330 , inclusive.

5. When a person is conditionally released pursuant to this section, 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.

6. When a person who has been adjudicated by a court to be incapacitated 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 incapacitated person's rehabilitation. If the person has a legal guardian, the petition must be filed with the court having jurisdiction over the guardianship.
Nev. Rev. Stat. § 433.014 — NV Code / Title 39 / Chapter 433 / Section 433.014
“Administrative officer” defined
Status: in_force

“ Administrative officer ” means a person with overall executive and administrative responsibility for those state or nonstate mental health centers designated by the Administrator.
Nev. Rev. Stat. § 433B.210 — NV Code / Title 39 / Chapter 433B / Section 433B.210
Contracts for inpatient and outpatient care
Status: in_force

The Division may:

1. By contract with hospitals or other institutions having adequate facilities in this State, provide for inpatient care of consumers with mental illness.

2. Contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for children with mental illness when it appears that they can be treated best in that manner.
Nev. Rev. Stat. § 433A.335 — NV Code / Title 39 / Chapter 433A / Section 433A.335
Filing and contents of petition or motion; sworn statements or declarations concerning recommendation for and provision of assisted outpatient treatment; service of petition or motion
Status: in_force

1. A proceeding for an order requiring any person in the State of Nevada to receive assisted outpatient treatment may be commenced by the filing of a petition for such an order with the clerk of the district court of the county where the person who is to be treated is present. The petition may be filed by: (a) Any person who is at least 18 years of age and resides with the person to be treated; (b) The spouse, parent, adult sibling, adult child or legal guardian of the person to be treated; (c) A physician, physician assistant, psychologist, social worker or registered nurse who is providing care to the person to be treated; (d) The Administrator or his or her designee; or (e) The medical director of a division facility in which the person is receiving treatment or the designee of the medical director of such a division facility.

2. A proceeding to require a person who is the defendant in a criminal proceeding in the district court to receive assisted outpatient treatment may be commenced: (a) By the district court: (1) On its own motion; (2) By motion of the defendant or the district attorney; or (3) After a justice court or a municipal court, upon approval of the district court, transfers original jurisdiction to the district court of a case involving a defendant who is eligible to receive assisted outpatient treatment pursuant to this section; and (b) If: (1) The defendant has been examined in accordance with NRS 178.415 ; (2) The defendant is not eligible for commitment to the custody of the Administrator pursuant to NRS 178.461 ; and (3) The Division makes a clinical determination that assisted outpatient treatment is appropriate for the defendant.

3. A petition filed pursuant to subsection 1 or a motion made pursuant to subsection 2 must allege the following concerning the person to be treated: (a) The person is at least 18 years of age. (b) The person has a mental illness. (c) The person has a history of poor compliance with treatment for his or her mental illness that has resulted in at least one of the following circumstances: (1) At least twice during the immediately preceding 48 months, poor compliance with mental health treatment has been a significant factor in causing the person to be hospitalized or receive services in the behavioral health unit of a detention facility or correctional facility. The 48-month period described in this subparagraph must be extended by any amount of time that the person has been hospitalized, incarcerated or detained during that period. (2) Poor compliance with mental health treatment has been a significant factor in causing the person to commit, attempt to commit or threaten to commit serious physical harm to himself or herself or others during the immediately preceding 48 months. The 48-month period described in this subparagraph must be extended by any amount of time that the person has been hospitalized, incarcerated or detained during that period. (3) Poor compliance with mental health treatment has resulted in the person being hospitalized, incarcerated or detained for a cumulative period of at least 6 months and the person: (I) Is scheduled to be discharged or released from such hospitalization, incarceration or detention during the 30 days immediately following the date of the petition; or (II) Has been discharged or released from such hospitalization, incarceration or detention during the 60 days immediately preceding the date of the petition. (d) Because of his or her mental illness, the person is unwilling or unlikely to voluntarily participate in outpatient treatment that would enable the person to live safely in the community without the supervision of the court. (e) Assisted outpatient treatment is the least restrictive appropriate means to prevent further disability or deterioration that would result in the person becoming a person in a mental health crisis.

4. A petition filed pursuant to subsection 1 or a motion made pursuant to subsection 2 must be accompanied by: (a) A sworn statement or a declaration that complies with the provisions of NRS 53.045 by a physician, a psychologist, a physician assistant under the supervision of a psychiatrist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160 or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 , stating that he or she: (1) Evaluated the person who is the subject of the petition or motion not earlier than 10 days before the filing of the petition or making of the motion; (2) Recommends that the person be ordered to receive assisted outpatient treatment; and (3) Is willing and able to testify at a hearing on the petition or motion; and (b) A sworn statement or a declaration that complies with the provisions of NRS 53.045 from a person professionally qualified in the field of psychiatric mental health stating that he or she is willing to provide assisted outpatient treatment for the person in the county where the person resides.

5. A copy of the petition filed pursuant to subsection 1 or the motion made pursuant to subsection 2 must be served upon the person who is the subject of the petition or motion or his or her counsel and, if applicable, his or her legal guardian.
Nev. Rev. Stat. § 433B.160 — NV Code / Title 39 / Chapter 433B / Section 433B.160
Licensing or certification of certain employees of Division
Status: in_force

1. A 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.

2. Any psychiatrist who is employed by the Division must be certified by the American Board of Psychiatry and Neurology within 5 years after his or her first date of employment with the Division. The Administrator shall terminate the employment of any psychiatrist who fails to receive that certification.
Nev. Rev. Stat. § 433B.270 — NV Code / Title 39 / Chapter 433B / Section 433B.270
Revolving accounts
Status: in_force

A revolving account of not more than $5,000 is hereby created for each division facility. Money in the respective revolving accounts may be expended only for the payment of bills of the respective division facilities requiring immediate payment. 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 division facilities on claims as other claims against the State are paid.
Nev. Rev. Stat. § 433.4545 — NV Code / Title 39 / Chapter 433 / Section 433.4545
Administrator to serve as Compact Administrator; duties; regulations
Status: in_force

The Administrator shall serve as the Compact Administrator of the Interstate Compact on Mental Health. The Compact Administrator shall:

1. Cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the Compact or of any supplementary agreement entered into by this State under the Compact.

2. Enter into supplementary agreements with appropriate officials of other states pursuant to the Compact. If a supplementary agreement requires or contemplates the use of any institution or facility of this State or the provision of any service by this State, the supplementary agreement has no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.

3. Adopt any regulations necessary or convenient to carry out the Compact.
Nev. Rev. Stat. § 435.241 — NV Code / Title 39 / Chapter 435 / Section 435.241
Division authorized to bring action to enjoin provision of services
Status: in_force

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.
Nev. Rev. Stat. § 433.431 — NV Code / Title 39 / Chapter 433 / Section 433.431
Definitions
Status: in_force

As used in NRS 433.431 to 433.454 , inclusive, unless the context otherwise requires, “ division facility ” means any unit or subunit operated by:

1. The Division of Public and Behavioral Health of the Department for the care, treatment and training of consumers; or

2. The Division of Child and Family Services of the Department pursuant to chapter 433B of NRS .
Nev. Rev. Stat. § 433A.210 — NV Code / Title 39 / Chapter 433A / Section 433A.210
Requirements of petition that is filed after mental health crisis hold
Status: in_force

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 documentation of the results of the medical examination conducted pursuant to NRS 433A.165 and a copy of:

1. The form for the placement of the person on a mental health crisis hold pursuant to NRS 433A.160 ; and

2. A petition executed by a psychiatrist, psychologist, physician or advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 , including, without limitation, a sworn statement that: (a) He or she has examined the person alleged to be a person in a mental health crisis; (b) In his or her opinion, there is a reasonable degree of certainty that the person alleged to be a person in a mental health crisis suffers from a mental illness; (c) Based on his or her personal observation of the person alleged to be a person in a mental health crisis and other facts set forth in the petition, the person presents a substantial risk of serious harm to himself or herself or others, as determined pursuant to NRS 433A.0195 ; and (d) In his or her opinion, involuntary admission of the person alleged to be a person in a mental health crisis to a mental health facility or hospital is medically necessary to prevent the person from harming himself or herself or others.
Nev. Rev. Stat. § 433B.320 — NV Code / Title 39 / Chapter 433B / Section 433B.320
Approval of court-ordered commitment; approval before release; exception
Status: in_force

1. In any case involving commitment by court order, except a case where commitment was ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185 , admission to a treatment facility may be only after consultation with and approval by the administrative officer of the facility or the administrative officer's designee, who shall determine whether the treatment available at the facility is appropriate or necessary for the child's health and welfare.

2. In a case where commitment to a treatment facility was ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185 , if the administrative officer of the facility or the administrative officer's designee has determined that the treatment available at the facility is not appropriate or necessary for the child's health and welfare and for the protection of the community, the administrative officer or the administrative officer's designee shall assist the court with identifying a facility that has the appropriate or necessary treatment.

3. Except in a case where commitment was ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185 , a child committed by court order must not be released from a treatment facility until the administrative officer determines that treatment in the facility is no longer beneficial to the child.
Nev. Rev. Stat. § 433.534 — NV Code / Title 39 / Chapter 433 / Section 433.534
Denial of rights prohibited; exceptions; report; investigation and action by Commission; closure of meeting in certain circumstances
Status: in_force

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.

3. The Commission: (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; (c) May act on behalf of consumers to obtain remedies for any apparent violations; and (d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.

4. Pursuant to NRS 241.030 , the Commission 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. The provisions of this subsection do not require a meeting of the Commission to be closed to the public.
Nev. Rev. Stat. § 433A.190 — NV Code / Title 39 / Chapter 433A / Section 433A.190
Notice of emergency admission for person who is at least 18 years of age
Status: in_force

1. The administrative officer of a public or private mental health facility or hospital shall ensure that, within 24 hours of the emergency admission of a person alleged to be a person in a mental health crisis who is at least 18 years of age, the person is asked to give permission to provide notice of the emergency admission to a family member, friend or other person identified by the person.

2. If a person alleged to be a person in a mental health crisis who is at least 18 years of age gives permission to notify a family member, friend or other person of the emergency admission, the administrative officer shall ensure that: (a) The permission is recorded in the medical record of the person; and (b) Notice of the admission is promptly provided to the family member, friend or other person in person or by telephone, facsimile, other electronic communication or certified mail.

3. Except as otherwise provided in subsections 4 and 5, if a person alleged to be a person in a mental health crisis who is at least 18 years of age does not give permission to notify a family member, friend or other person of the emergency admission of the person, notice of the emergency admission must not be provided until permission is obtained.

4. If a person alleged to be a person in a mental health crisis who is at least 18 years of age is not able to give or refuse permission to notify a family member, friend or other person of the emergency admission, the administrative officer of the mental health facility or hospital may cause notice as described in paragraph (b) of subsection 2 to be provided if the administrative officer determines that it is in the best interest of the person in a mental health crisis.

5. If a guardian has been appointed for a person alleged to be a person in a mental health crisis who is at least 18 years of age or the person has executed a durable power of attorney for health care pursuant to NRS 162A.700 to 162A.870 , inclusive, or appointed an attorney-in-fact using an advance directive for psychiatric care pursuant to NRS 449A.600 to 449A.645 , inclusive, the administrative officer of the mental health facility or hospital must ensure that the guardian, agent designated by the durable power of attorney or the attorney-in-fact, as applicable, is promptly notified of the admission as described in paragraph (b) of subsection 2, regardless of whether the person alleged to be a person in a mental health crisis has given permission to the notification.
Nev. Rev. Stat. § 433.4295 — NV Code / Title 39 / Chapter 433 / Section 433.4295
Duties
Status: in_force

1. Each policy board shall: (a) Advise the Department, Division and Commission regarding: (1) The behavioral health needs of adults and children in the behavioral health region; (2) Any progress, problems or proposed plans relating to the provision of behavioral health services and methods to improve the provision of behavioral health services in the behavioral health region; (3) Identified gaps in the behavioral health services which are available in the behavioral health region and any recommendations or service enhancements to address those gaps; (4) Any federal, state or local law or regulation that relates to behavioral health which it determines is redundant, conflicts with other laws or is obsolete and any recommendation to address any such redundant, conflicting or obsolete law or regulation; and (5) Priorities for allocating money to support and develop behavioral health services in the behavioral health region. (b) Promote improvements in the delivery of behavioral health services in the behavioral health region. (c) Coordinate and exchange information with the other policy boards to provide unified and coordinated recommendations to the Department, Division and Commission regarding behavioral health services in the behavioral health region. (d) Review the collection and reporting standards of behavioral health data to determine standards for such data collection and reporting processes. (e) To the extent feasible, establish an organized, sustainable and accurate electronic repository of data and information concerning behavioral health and behavioral health services in the behavioral health region that is accessible to members of the public on an Internet website maintained by the policy board. A policy board may collaborate with an existing community-based organization to establish the repository. (f) To the extent feasible, track and compile data concerning persons placed on a mental health crisis hold pursuant to NRS 433A.160 , persons admitted to mental health facilities and hospitals under an emergency admission pursuant to NRS 433A.162 , persons admitted to mental health facilities under an involuntary court-ordered admission pursuant to NRS 433A.200 to 433A.330 , inclusive, and persons ordered to receive assisted outpatient treatment pursuant to NRS 433A.335 to 433A.345 , inclusive, in the behavioral health region, including, without limitation: (1) The outcomes of treatment provided to such persons; and (2) Measures taken upon and after the release of such persons to address behavioral health issues and prevent future mental health crisis holds and admissions. (g) If a data dashboard is established pursuant to NRS 439.245 , use the data dashboard to review access by different groups and populations in this State to behavioral health services provided through telehealth, as defined in NRS 629.515 , and evaluate policies to make such access more equitable. (h) Identify and coordinate with other entities in the behavioral health region and this State that address issues relating to behavioral health to increase awareness of such issues and avoid duplication of efforts. (i) In coordination with existing entities in this State that address issues relating to behavioral health services, submit an annual report to the Commission which includes, without limitation: (1) The specific behavioral health needs of the behavioral health region; (2) A description of the methods used by the policy board to collect and analyze data concerning the behavioral health needs and problems of the behavioral health region and gaps in behavioral health services which are available in the behavioral health region, including, without limitation, a list of all sources of such data used by the policy board; (3) A description of the manner in which the policy board has carried out the requirements of paragraphs (c) and (h) and the results of those activities; and (4) The data compiled pursuant to paragraph (f) and any conclusions that the policy board has derived from such data.

2. A report described in paragraph (i) of subsection 1 may be submitted more often than annually if the policy board determines that a specific behavioral health issue requires an additional report to the Commission.
Nev. Rev. Stat. § 435.110 — NV Code / Title 39 / Chapter 435 / Section 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
Status: in_force

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.
Nev. Rev. Stat. § 435.140 — NV Code / Title 39 / Chapter 435 / Section 435.140
Definitions
Status: in_force

<Section effective Jan. 1, 2025. See, also, section 435.140 effective until Jan. 1, 2025. >

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.
Nev. Rev. Stat. § 433.712 — NV Code / Title 39 / Chapter 433 / Section 433.712
Definitions
Status: in_force

As used in NRS 433.712 to 433.744 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 433.714 to 433.724 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 435.455 — NV Code / Title 39 / Chapter 435 / Section 435.455
Contracts with hospital or other institution for care of persons
Status: in_force

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.
Nev. Rev. Stat. § 433.5506 — NV Code / Title 39 / Chapter 433 / Section 433.5506
Facility required to develop program of education in positive behavioral interventions and supports; facility required to train certain members of staff to use physical, mechanical and chemical restraint
Status: in_force

1. Each facility shall develop a program of education for the members of the staff of the facility to provide instruction in positive behavioral interventions and positive behavioral supports that: (a) Includes positive methods to modify the environment of consumers to promote adaptive behavior and reduce the occurrence of inappropriate behavior; (b) Includes methods to teach skills to consumers so that consumers can replace inappropriate behavior with adaptive behavior; (c) Includes methods to enhance a consumer's independence and quality of life; (d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of consumers; and (e) Offers a process for designing interventions based upon the consumer that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the consumer.

2. Each facility shall provide appropriate training for the members of the staff of the facility who are authorized to carry out and monitor physical restraint, mechanical restraint and chemical restraint to ensure that those members of the staff are competent and qualified to carry out the procedures in accordance with NRS 433.545 to 433.551 , inclusive.
Nev. Rev. Stat. § 435.445 — NV Code / Title 39 / Chapter 435 / Section 435.445
Inspection of facility
Status: in_force

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.
Nev. Rev. Stat. § 433B.190 — NV Code / Title 39 / Chapter 433B / Section 433B.190
Adoption of regulations concerning abuse and neglect of consumers
Status: in_force

1. The Division shall adopt regulations to: (a) Provide for a more detailed definition of abuse of a consumer, consistent with the general definition given in NRS 433B.340 ; (b) Provide for a more detailed definition of neglect of a consumer, consistent with the general definition given in NRS 433B.340 ; and (c) Establish policies and procedures for reporting the abuse or neglect of a consumer.

2. The regulations adopted pursuant to this section must, to the extent possible and appropriate, be consistent with the regulations adopted by the Division of Public and Behavioral Health of the Department pursuant to NRS 433.331 and the Administrator of the Division of Aging and Disability Services of the Department pursuant to NRS 435.435 .
Nev. Rev. Stat. § 433A.085 — NV Code / Title 39 / Chapter 433A / Section 433A.085
Forms for detainment, evaluation, admission, treatment and conditional release
Status: in_force

All applications, certificates and other forms for the detainment, evaluation, admission, treatment and conditional release of any person in the State of Nevada 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.
Nev. Rev. Stat. § 433.631 — NV Code / Title 39 / Chapter 433 / Section 433.631
Certificate required to provide or supervise provision of peer recovery support services; exception for interns; civil penalty
Status: in_force

<See notes for changes to this section effective under certain conditions.>

1. Except as authorized by subsection 2, an adult shall not: (a) Provide peer recovery support services for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to provide peer recovery support services unless he or she holds a valid certificate as a peer recovery support specialist issued by the Nevada Certification Board or its successor organization. (b) Supervise the provision of peer recovery support services for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to supervise the provision of peer recovery support services unless he or she holds a valid certificate as a peer recovery support specialist supervisor issued by the Nevada Certification Board or its successor organization.

2. If the Nevada Certification Board or its successor organization establishes conditions governing the provision of peer recovery support services by a person who is not certified as a peer recovery support specialist while the person is acquiring the experience necessary for certification as a peer recovery support specialist, an adult who is not certified as a peer recovery support specialist may: (a) Provide peer recovery support services for compensation as a regular part of his or her job duties under those conditions; and (b) Use the title of “peer recovery support specialist intern” while providing peer recovery support services under those conditions.

3. The Division may impose upon an adult who violates this section a civil penalty in an amount prescribed by regulation of the Board.
Nev. Rev. Stat. § 433.544 — NV Code / Title 39 / Chapter 433 / Section 433.544
Notification of death of consumer; burial
Status: in_force

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 shall be borne by the relatives. Where there are no known relatives, the cost of burial shall be a charge against the State of Nevada, but the cost thereof shall 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.
Nev. Rev. Stat. § 435.640 — NV Code / Title 39 / Chapter 435 / Section 435.640
Notification of death of consumer; burial
Status: in_force

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.
Nev. Rev. Stat. § 433.334 — NV Code / Title 39 / Chapter 433 / Section 433.334
Contract with hospital or other institution for care of consumers
Status: in_force

The Division may, by contract with hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of consumers with mental illness.
Nev. Rev. Stat. § 435.670 — NV Code / Title 39 / Chapter 435 / Section 435.670
Payment of costs of medical services rendered by person not on staff of facility of Division
Status: in_force

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.
Nev. Rev. Stat. § 433.233 — NV Code / Title 39 / Chapter 433 / Section 433.233
Designation
Status: in_force

1. The division facilities providing mental health services are designated as: (a) Northern Nevada Adult Mental Health Services; (b) Southern Nevada Adult Mental Health Services; (c) Rural clinics; and (d) Lakes Crossing Center.

2. Division facilities established after July 1, 1981, must be named by the Administrator, subject to the approval of the Director of the Department.
Nev. Rev. Stat. § 433C.290 — NV Code / Title 39 / Chapter 433C / Section 433C.290
Reimbursement for expenditures for certain items; investigation and audit of expenditures
Status: in_force

Expenditures incurred for the items specified in NRS 433C.270 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 this chapter. The Administrator may make such investigations and audits of such expenditures as the Administrator may deem necessary.
Nev. Rev. Stat. § 435.580 — NV Code / Title 39 / Chapter 435 / Section 435.580
Basis for decisions, policies, procedures and practices regarding emergency admissions and involuntary court-ordered admissions
Status: in_force

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.
Nev. Rev. Stat. § 433B.333 — NV Code / Title 39 / Chapter 433B / Section 433B.333
Establishment of mental health consortia; members
Status: in_force

1. A mental health consortium is hereby established in each of the following jurisdictions: (a) A county whose population is 100,000 or more; and (b) The region consisting of all counties whose population are less than 100,000.

2. In a county whose population is 100,000 or more, such a consortium must consist of at least the following persons appointed by the Administrator: (a) A representative of the Division; (b) A representative of the agency which provides child welfare services; (c) A representative of the Division of Health Care Financing and Policy of the Department; (d) A representative of the board of trustees of the school district in the county; (e) A representative of the local juvenile probation department; (f) A representative of the local chamber of commerce or business community; (g) A private provider of mental health care; (h) A provider of foster care; (i) A parent of a child with an emotional disturbance; and (j) A representative of an agency which provides services for the treatment and prevention of substance use disorders.

3. In the region consisting of counties whose population are less than 100,000, such a consortium must consist of at least the following persons appointed by the Administrator: (a) A representative of the Division of Public and Behavioral Health of the Department; (b) A representative of the agency which provides child welfare services in the region; (c) A representative of the Division of Health Care Financing and Policy of the Department; (d) A representative of the boards of trustees of the school districts in the region; (e) A representative of the local juvenile probation departments; (f) A representative of the chambers of commerce or business community in the region; (g) A private provider of mental health care; (h) A provider of foster care; (i) A parent of a child with an emotional disturbance; and (j) A representative of an agency which provides services for the treatment and prevention of substance use disorders.
Nev. Rev. Stat. § 433.099 — NV Code / Title 39 / Chapter 433 / Section 433.099
“Intellectual disability” defined
Status: in_force

“ Intellectual disability ” means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
Nev. Rev. Stat. § 435.413 — NV Code / Title 39 / Chapter 435 / Section 435.413
Administrative officer: Other employment prohibited; exceptions
Status: in_force

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.
Nev. Rev. Stat. § 433A.750 — NV Code / Title 39 / Chapter 433A / Section 433A.750
Unlawful acts; penalties
Status: in_force

1. A person who: (a) Without probable cause for believing a person is a person in a mental health crisis 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 the person under this chapter, 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 or 3, 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 or the commencement or termination of assisted outpatient treatment is guilty of a gross misdemeanor.

3. A person who, without probable cause for believing another person is a person in a mental health crisis, executes a petition, application or certificate pursuant to this chapter, by which the person secures or attempts to secure the apprehension, hospitalization, detention, admission or restraint of the person alleged to be a person in a mental health crisis, or any physician, psychiatrist, psychologist, advanced practice registered nurse or other person professionally qualified in the field of psychiatric mental health 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 .
Nev. Rev. Stat. § 433.003 — NV Code / Title 39 / Chapter 433 / Section 433.003
Declaration of legislative intent
Status: in_force

The Legislature hereby declares that it is the intent of chapters 433 to 433C, inclusive, of NRS:

1. To eliminate the forfeiture of any civil and legal rights of any person and the imposition of any legal disability on any person, based on an allegation of mental illness, 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; and

2. To charge the Division of Public and Behavioral Health, and the Division of Child and Family Services, of the Department with recognizing their duty to act in the best interests of their respective consumers by placing them in the least restrictive environment.
Nev. Rev. Stat. § 433C.150 — NV Code / Title 39 / Chapter 433C / Section 433C.150
Power of county to establish program
Status: in_force

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.
Nev. Rev. Stat. § 433A.0195 — NV Code / Title 39 / Chapter 433A / Section 433A.0195
Person deemed to present substantial likelihood of serious harm to himself or herself or others in certain circumstances
Status: in_force

For the purposes of this chapter, a person shall be deemed to present a substantial likelihood of serious harm to himself or herself or others if, without care or treatment, the person is at serious risk of:

1. Attempting suicide or homicide;

2. Causing bodily injury to himself or herself or others, including, without limitation, death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or a protracted loss or impairment of a body part, organ or mental functioning; or

3. Incurring a serious injury, illness or death resulting from complete neglect of basic needs for food, clothing, shelter or personal safety.
Nev. Rev. Stat. § 433A.344 — NV Code / Title 39 / Chapter 433A / Section 433A.344
Petition for evaluation of recipient of assisted outpatient treatment; conditions for granting of petition
Status: in_force

1. A person professionally qualified in the field of psychiatric mental health who is responsible for providing assisted outpatient treatment to a person ordered by a court to receive assisted outpatient treatment pursuant to NRS 433A.343 may petition the court to issue an order requiring a peace officer to take into custody and deliver the person to an appropriate location for a prompt evaluation by the professional to determine whether the person is a person in a mental health crisis if: (a) The person who is the subject of the petition has failed to comply with the plan of assisted outpatient treatment ordered pursuant to NRS 433A.343 ; (b) The petitioner has made reasonable efforts to solicit such compliance; and (c) The failure to comply with the plan of assisted outpatient treatment may cause the person who is the subject of the petition to harm himself or herself or others.

2. A petition pursuant to subsection 1 must set forth: (a) The specific provisions of the plan of assisted outpatient treatment which the subject of the petition has failed to carry out; (b) The efforts made by the petitioner to solicit compliance; and (c) The basis for the petitioner's belief that the failure to comply with the plan of assisted outpatient treatment may cause the subject of the petition to harm himself or herself or others.

3. If the court determines that there is probable cause to believe that the conditions described in paragraphs (a), (b) and (c) of subsection 1 have been satisfied, the court may issue an order requiring a peace officer to take into custody and deliver the person who is the subject of the petition to an appropriate location for a prompt evaluation by the petitioner to determine whether the person is a person in a mental health crisis.

4. As used in this section, “ appropriate location ” means any location identified by a petitioner but does not include a jail or prison.
Nev. Rev. Stat. § 435.3315 — NV Code / Title 39 / Chapter 435 / Section 435.3315
“Supported living arrangement services” defined
Status: in_force

“ 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.
Nev. Rev. Stat. § 435.310 — NV Code / Title 39 / Chapter 435 / Section 435.310
Contract between provider of services and county and school officials and public and private agencies; prohibition against certain contracts
Status: in_force

<Section effective until Jan. 1, 2028. See, also, section 435.310 effective Jan. 1, 2028.>

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.
Nev. Rev. Stat. § 433A.0194 — NV Code / Title 39 / Chapter 433A / Section 433A.0194
“Voluntary admission” defined
Status: in_force

“ Voluntary admission ” means the admission of a person to a public or private mental health facility or a division facility pursuant to NRS 433A.140 as a voluntary consumer for the purposes of observation, diagnosis, care and treatment.
Nev. Rev. Stat. § 433B.120 — NV Code / Title 39 / Chapter 433B / Section 433B.120
Administration of division facilities
Status: in_force

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.
Nev. Rev. Stat. § 433.551 — NV Code / Title 39 / Chapter 433 / Section 433.551
Facility required to report violations to Division and to develop corrective plan; Division required to forward corrective plan to Director of Department; power of Department to withhold funding
Status: in_force

1. A facility where a violation of the provisions of NRS 433.545 to 433.551 , inclusive, occurs shall: (a) Not later than 24 hours after a violation occurs, or as soon thereafter as the violation is discovered, report the violation to the Division; and (b) Develop, in cooperation with the Division, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the facility to prevent future violations.

2. The Division shall forward the plan to the Director of the Department. The Director or the Director’s designee shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The Director or the designee may require appropriate revision of the plan to ensure compliance.

3. If the facility where the violation occurred does not meet the requirements of the plan to the satisfaction of the Director or the designee, the Department may withhold funding for the facility until the facility meets the requirements of the plan.
Nev. Rev. Stat. § 433.3317 — NV Code / Title 39 / Chapter 433 / Section 433.3317
Licensure and regulation of providers of nonemergency secure behavioral health transport services; regulations by State Board of Health
Status: in_force

1. The State Board of Health shall adopt regulations providing for the licensure and regulation of providers of nonemergency secure behavioral health transport services by the Division.

2. As used in this section, “ nonemergency secure behavioral health transport services ” means the use of a motor vehicle, other than an ambulance, as defined in NRS 450B.040 , or other emergency response vehicle, that is specifically designed, equipped and staffed to transport a person with a mental illness or other behavioral health condition in a manner that: (a) Allows observation of the person being transported; and (b) Prevents the person being transported from escaping from the vehicle or accessing the driver or the means of controlling the vehicle.
Nev. Rev. Stat. § 433.134 — NV Code / Title 39 / Chapter 433 / Section 433.134
“Medical director” defined
Status: in_force

“ Medical director ” means the medical officer in charge of any division mental health program.
Nev. Rev. Stat. § 435.174 — NV Code / Title 39 / Chapter 435 / Section 435.174
“Competitive integrated employment” defined
Status: in_force

<Section effective until Dec. 31, 2027, when it expires by limitation. >

“ Competitive integrated employment ” has the meaning ascribed to it in 29 U.S.C. § 705(5) .
Nev. Rev. Stat. § 433B.220 — NV Code / Title 39 / Chapter 433B / Section 433B.220
Contracts for cooperation with governmental agencies and others; effect of payments to Division for such cooperation; immunity from and limitations on liability not waived
Status: in_force

1. 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 a contract or agreement may include provisions whereby the Division will provide staff, services or other resources, or any combination thereof, without payment, to further the purposes of the contract or agreement. If the contract or agreement includes a provision whereby the Division is paid for the provision of staff, services or other resources, the payment 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.

2. If the Administrator or the Administrator's designee enters into a contract or agreement pursuant to subsection 1 with a private nonprofit corporation, the contract or agreement may allow: (a) The Division to enter and inspect any premises which are related to services provided under the contract or agreement and to inspect any records which are related to services provided under the contract or agreement to ensure the welfare of any consumer served by the private nonprofit corporation under the contract or agreement; (b) The Division and the private nonprofit corporation to share confidential information concerning any consumer served by the private nonprofit corporation under the contract or agreement; and (c) The private nonprofit corporation to assign rights and obligations of the private nonprofit corporation under the contract or agreement to the Division.

3. The State, Department and Division do not waive any immunity from liability or limitation on liability provided by law by entering into a contract or agreement pursuant to this section and any such contract or agreement must include a provision to that effect.
Nev. Rev. Stat. § 433.564 — NV Code / Title 39 / Chapter 433 / Section 433.564
Unlawful sale or transfer of intoxicating beverage on grounds of division facility
Status: in_force

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.
Nev. Rev. Stat. § 433.5483 — NV Code / Title 39 / Chapter 433 / Section 433.5483
Use of aversive intervention on consumer prohibited
Status: in_force

A person employed by a facility or any other person shall not use any aversive intervention on a person with a disability who is a consumer.
Nev. Rev. Stat. § 435.331 — NV Code / Title 39 / Chapter 435 / Section 435.331
“Certificate” defined
Status: in_force

“ 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.
Nev. Rev. Stat. § 435.247 — NV Code / Title 39 / Chapter 435 / Section 435.247
Application for issuance of certificate: Social security number required
Status: in_force

<See notes for changes to this section effective under certain conditions.>

The application of a natural person who applies for the issuance of a certificate must include the social security number of the applicant.
Nev. Rev. Stat. § 433.524 — NV Code / Title 39 / Chapter 433 / Section 433.524
Labor by consumer: Conditions; compensation
Status: in_force

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; (c) The person responsible for the consumer's treatment agrees to the plan of labor; and (d) The amount of time or effort necessary to perform the labor is not excessive. 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 of Public and Behavioral Health of the Department or its facilities, or by the Division of Child and Family Services of the Department 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.
Nev. Rev. Stat. § 435.172 — NV Code / Title 39 / Chapter 435 / Section 435.172
“Certificate” defined
Status: in_force

“ 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.
Nev. Rev. Stat. § 435.332 — NV Code / Title 39 / Chapter 435 / Section 435.332
Certificate required to provide services; holder authorized to provide services to certain persons
Status: in_force

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.
Nev. Rev. Stat. § 433.496 — NV Code / Title 39 / Chapter 433 / Section 433.496
Basis for decisions, policies, procedures and practices regarding emergency admissions and involuntary court-ordered admissions
Status: in_force

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.
Nev. Rev. Stat. § 433A.0135 — NV Code / Title 39 / Chapter 433A / Section 433A.0135
“Assisted outpatient treatment” defined
Status: in_force

“ Assisted outpatient treatment ” means outpatient services provided pursuant to a court order to a person with a mental illness for the purpose of treating the mental illness, assisting the person to live and function in the community or to prevent a relapse or deterioration that may reasonably be predicted to result in harm to the person or another person if the person with a mental illness is not treated. The term does not include services provided to residents of a mental health facility.
Nev. Rev. Stat. § 433C.120 — NV Code / Title 39 / Chapter 433C / Section 433C.120
Definitions
Status: in_force

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.
Nev. Rev. Stat. § 433A.740 — NV Code / Title 39 / Chapter 433A / Section 433A.740
Liability of public officer or employee
Status: in_force

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 or her negligence resulted in bodily harm to such person.
Nev. Rev. Stat. § 433.629 — NV Code / Title 39 / Chapter 433 / Section 433.629
“Peer recovery support specialist supervisor” defined
Status: in_force

“ Peer recovery support specialist supervisor ” means an adult who is authorized under the provisions of NRS 433.631 to supervise the provision of peer recovery support services for compensation as a regular part of his or her job duties.
Nev. Rev. Stat. § 433.325 — NV Code / Title 39 / Chapter 433 / Section 433.325
Inspection of facility
Status: in_force

The Commission or its designated agent may inspect any state facility providing services for persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders to determine if the facility is in compliance with the provisions of this title and any regulations adopted pursuant thereto.
Nev. Rev. Stat. § 435.333 — NV Code / Title 39 / Chapter 435 / Section 435.333
Regulations; agreements with public and private agencies for provision of services
Status: in_force

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 .
Nev. Rev. Stat. § 433.434 — NV Code / Title 39 / Chapter 433 / Section 433.434
Determination of residence
Status: in_force

For purposes of chapters 433 to 433C, inclusive, of NRS, 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.
Nev. Rev. Stat. § 433.554 — NV Code / Title 39 / Chapter 433 / Section 433.554
Abuse of consumer; failure to report abuse; possession or use of intoxicating beverage or controlled substance; transaction with consumer; aiding escape of consumer; penalties
Status: in_force

1. An employee of a public or private mental health facility 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 mental health services 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, 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 mental health facility 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. (c) For a second or subsequent violation, is guilty of a category B felony. 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. 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 mental health services, or from treatment to competency in a public or private institution or facility offering mental health services. The term includes a consumer of the Division of Child and Family Services of the Department. (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. 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.
Nev. Rev. Stat. § 433.047 — NV Code / Title 39 / Chapter 433 / Section 433.047
“Commission” defined
Status: in_force

“ Commission ” means the Commission on Behavioral Health.
Nev. Rev. Stat. § 433B.010 — NV Code / Title 39 / Chapter 433B / Section 433B.010
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 433B.020 to 433B.100 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 433.259 — NV Code / Title 39 / Chapter 433 / Section 433.259
Administrator: Delegation of power, duty or function
Status: in_force

1. The Administrator may delegate to any officer, deputy or employee of the Division the exercise or discharge in the name of the Administrator of any power, duty or function vested in or imposed upon the Administrator.

2. The official act of any such person acting in the name of the Administrator and by his or her authority shall be deemed an official act of the Administrator.
Nev. Rev. Stat. § 435.128 — NV Code / Title 39 / Chapter 435 / Section 435.128
Involuntary admission: Findings and order; expiration and renewal of certificate of eligibility for involuntary admission
Status: in_force

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, 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.
Nev. Rev. Stat. § 433A.339 — NV Code / Title 39 / Chapter 433A / Section 433A.339
Duty of district attorney to appear in proceedings; presentation of case when district attorney does not appear
Status: in_force

1. The district attorney of a county in which a petition is filed or motion is made pursuant to NRS 433A.335 or 433A.345 or his or her deputy: (a) Must appear and represent the State in the proceedings for assisted outpatient treatment if: (1) The proceedings were initiated by: (I) A petition filed pursuant to subsection 1 of NRS 433A.335 or NRS 433A.345 by the Administrator or his or her designee or the medical director of a division facility or his or her designee; or (II) A motion made pursuant to subsection 2 of NRS 433A.335 ; and (2) The district attorney determines that there is clear and convincing evidence that the criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345 , as applicable, are met. (b) May appear and represent the State in the proceedings for assisted outpatient treatment in any other case where the district attorney determines that there is clear and convincing evidence that the criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345 , as applicable, are met.

2. If the district attorney does not appear and represent the State in a proceeding for assisted outpatient treatment, the petitioner is responsible for presenting the case in support of the petition.
Nev. Rev. Stat. § 435.600 — NV Code / Title 39 / Chapter 435 / Section 435.600
Rights concerning suspension or violation of rights
Status: in_force

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.
Nev. Rev. Stat. § 435.411 — NV Code / Title 39 / Chapter 435 / Section 435.411
Administrative officer: Qualifications
Status: in_force

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.
Nev. Rev. Stat. § 433C.240 — NV Code / Title 39 / Chapter 433C / Section 433C.240
Expenses: Charge against county
Status: in_force

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.
Nev. Rev. Stat. § 435.570 — NV Code / Title 39 / Chapter 435 / Section 435.570
Rights concerning care, treatment and training
Status: in_force

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.
Nev. Rev. Stat. § 433B.250 — NV Code / Title 39 / Chapter 433B / Section 433B.250
Schedule of fees for services rendered through programs supported by State; disposition of receipts; amount of fee for services of facility
Status: in_force

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 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 433B.220 for fees collected pursuant to contract or agreement.

2. For a facility providing services for the treatment of children with mental illness, the fee established must approximate the cost of providing the service, but if a consumer, or the parent or legal guardian of the consumer, is unable to pay in full the fee established pursuant to this section, the Division may collect any amount the consumer, parent or legal guardian is able to pay.
Nev. Rev. Stat. § 435.590 — NV Code / Title 39 / Chapter 435 / Section 435.590
Medication: Responsibility of psychiatrist and physician; review of methods for administration and custody
Status: in_force

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.
Nev. Rev. Stat. § 433A.0167 — NV Code / Title 39 / Chapter 433A / Section 433A.0167
“Involuntary court-ordered admission” defined
Status: in_force

“ Involuntary court-ordered admission ” means the admission of a person in a mental health crisis to a public or private mental health facility ordered by a court pursuant to NRS 433A.200 to 433A.330 , inclusive.
Nev. Rev. Stat. § 433.234 — NV Code / Title 39 / Chapter 433 / Section 433.234
Administration of facilities of Division
Status: in_force

The provisions of chapters 433 to 433C, inclusive, of NRS pertaining to division facilities must be administered by the respective administrative officers of the division facilities, subject to administrative supervision by the Administrator.
Nev. Rev. Stat. § 435.575 — NV Code / Title 39 / Chapter 435 / Section 435.575
Individualized plan of services for consumer
Status: in_force

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.
Nev. Rev. Stat. § 433.384 — NV Code / Title 39 / Chapter 433 / Section 433.384
Legislative appropriations; payment of claims
Status: in_force

Money to carry out the provisions of chapters 433 to 433C, inclusive, of NRS 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.
Nev. Rev. Stat. § 435.450 — NV Code / Title 39 / Chapter 435 / Section 435.450
Division facility required to forward patient’s medical records upon transfer of patient from facility
Status: in_force

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.
Nev. Rev. Stat. § 435.3335 — NV Code / Title 39 / Chapter 435 / Section 435.3335
Application for renewal of certificate to include information relating to state business license; renewal of certificate prohibited in certain circumstances
Status: in_force

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 .
Nev. Rev. Stat. § 435.460 — NV Code / Title 39 / Chapter 435 / Section 435.460
Contract with persons professionally qualified in field of psychiatric mental health for care of persons
Status: in_force

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.
Nev. Rev. Stat. § 433.730 — NV Code / Title 39 / Chapter 433 / Section 433.730
Reports
Status: in_force

1. On or before June 30 of each even-numbered year, the Advisory Committee shall submit to the Director of the Department a report of recommendations concerning: (a) The statewide needs assessment conducted pursuant to paragraph (a) of subsection 1 of NRS 433.734 , including, without limitation, the establishment of priorities pursuant to paragraph (e) of subsection 1 of NRS 433.736 ; and (b) The statewide plan to allocate money from the Fund developed pursuant to paragraph (b) of subsection 1 of NRS 433.734 .

2. When developing recommendations to be included in the report pursuant to subsection 1, the Advisory Committee shall consider: (a) Health equity and identifying relevant disparities among racial and ethnic populations, geographic regions and special populations in this State; and (b) The need to prevent overdoses, address disparities in access to health care and prevent substance use among youth.

3. When developing recommendations concerning the establishment of priorities pursuant to paragraph (e) of subsection 1 of NRS 433.736 , the Advisory Committee shall use an objective method to define the potential positive and negative impacts of a priority on the health of the affected communities with an emphasis on disproportionate impacts to any population targeted by the priority.

4. Before finalizing a report of recommendations pursuant to subsection 1, the Advisory Committee must hold at least one public meeting to solicit comments from the public concerning the recommendations and make any revisions to the recommendations determined, as a result of the public comment received, to be necessary.
Nev. Rev. Stat. § 433.314 — NV Code / Title 39 / Chapter 433 / Section 433.314
Duties
Status: in_force

1. The Commission shall: (a) Establish policies to ensure adequate development and administration of services for persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders, including services to prevent mental illness, intellectual disabilities, developmental disabilities, substance use disorders and co-occurring disorders, and services provided without admission to a facility or institution; (b) Set policies for the care and treatment of persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders provided by all state agencies; (c) If a data dashboard is established pursuant to NRS 439.245 , use the data dashboard to review access by different groups and populations in this State to behavioral health services provided through telehealth, as defined in NRS 629.515 , and evaluate policies to make such access more equitable; (d) Review the programs and finances of the Division; (e) Report at the beginning of each year to the Governor and at the beginning of each odd-numbered year to the Legislature: (1) Information concerning the quality of the care and treatment provided for persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders in this State and on any progress made toward improving the quality of that care and treatment; and (2) In coordination with the Department, any recommendations from the regional behavioral health policy boards created pursuant to NRS 433.429 . The report must include, without limitation: (I) The epidemiologic profiles of substance use disorders, addictive disorders related to gambling and suicide; (II) Relevant behavioral health prevalence data for each behavioral health region created by NRS 433.428 ; and (III) The health priorities set for each behavioral health region; and (f) Review and make recommendations concerning regulations submitted to the Commission for review pursuant to NRS 641.100 , 641A.160 , 641B.160 and 641C.200 .

2. The Commission may employ an administrative assistant and a data analyst to assist the regional behavioral health policy boards created by NRS 433.429 in carrying out their duties.
Nev. Rev. Stat. § 433A.150 — NV Code / Title 39 / Chapter 433A / Section 433A.150
Detention for assessment, evaluation, intervention and treatment; limitation on time
Status: in_force

1. A person alleged to be a person in a mental health crisis who is placed on a mental health crisis hold pursuant to NRS 433A.160 may, subject to the provisions of subsection 2, be detained in a public or private mental health facility or hospital for assessment, evaluation, intervention and treatment, regardless of whether any parent or legal guardian of the person has consented to the mental health crisis hold.

2. Except as otherwise provided in subsection 3 and NRS 432B.6075 , a person detained pursuant to subsection 1 must be released within 72 hours, including weekends and holidays, after the person is placed on a mental health crisis hold pursuant to NRS 433A.160 unless, before the close of the business day on which the 72 hours expires, a written petition for an involuntary court-ordered admission to a mental health facility 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.
Nev. Rev. Stat. § 433A.018 — NV Code / Title 39 / Chapter 433A / Section 433A.018
“Person professionally qualified in the field of psychiatric mental health” defined
Status: in_force

“ Person professionally qualified in the field of psychiatric mental health ” means:

1. A psychiatrist licensed to practice medicine in this State;

2. A psychologist licensed to practice in this State;

3. A social worker who holds a master's degree in social work and is licensed by the State as a clinical social worker;

4. A registered nurse who: (a) Is licensed to practice professional nursing in this State; and (b) Holds a master's degree in the field of psychiatric nursing;

5. A marriage and family therapist licensed pursuant to chapter 641A of NRS ; or

6. A clinical professional counselor licensed pursuant to chapter 641A of NRS .
Nev. Rev. Stat. § 435.475 — NV Code / Title 39 / Chapter 435 / Section 435.475
State not responsible for payment of costs of care and treatment at other facility; exceptions
Status: in_force

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.
Nev. Rev. Stat. § 435.010 — NV Code / Title 39 / Chapter 435 / Section 435.010
County commissioners to make provision for support, education and care of children
Status: in_force

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.
Nev. Rev. Stat. § 435.030 — NV Code / Title 39 / Chapter 435 / Section 435.030
Application for services; certificate of county commissioners; transportation of child
Status: in_force

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.
Nev. Rev. Stat. § 435.124 — NV Code / Title 39 / Chapter 435 / Section 435.124
Involuntary admission: Hearing on petition; notice
Status: in_force

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.

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.
Nev. Rev. Stat. § 433A.480 — NV Code / Title 39 / Chapter 433A / Section 433A.480
Evaluation of person adjudicated incapacitated; initiation of action for restoration to legal capacity
Status: in_force

1. The medical director of a division mental health facility shall have all persons adjudicated incapacitated 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 consumer 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 consumer remains unable to exercise these rights, such information shall be documented in the consumer's treatment record.

3. If there is no such reason to believe the consumer is unable to exercise these rights, the medical director shall immediately initiate proper action to cause to have the consumer restored to legal capacity.
Nev. Rev. Stat. § 433.425 — NV Code / Title 39 / Chapter 433 / Section 433.425
Definitions
Status: in_force

As used in NRS 433.425 to 433.4295 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 433.426 and 433.427 have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 435.081 — NV Code / Title 39 / Chapter 435 / Section 435.081
Admission of persons to division facility; examination or evaluation of persons without admission; discharge of persons voluntarily admitted
Status: in_force

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; (c) The facility has or can provide an appropriate program of training and treatment for the person; and (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.
Nev. Rev. Stat. § 433B.200 — NV Code / Title 39 / Chapter 433B / Section 433B.200
Division facility required to forward consumer’s medical records upon transfer of consumer from facility
Status: in_force

1. If a consumer 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 consumer, on or before the date the consumer is transferred, to the facility or physician. Except as otherwise required by 42 U.S.C. § 290dd-2 , the division facility is not required to obtain the oral or written consent of the consumer to forward a copy of the medical records.

2. As used in this section, “ medical records ” includes a medical history of the consumer, a summary of the current physical condition of the consumer and a discharge summary which contains the information necessary for the proper treatment of the consumer.
Nev. Rev. Stat. § 435.515 — NV Code / Title 39 / Chapter 435 / Section 435.515
Reciprocal agreement for returning consumers to legal residence; investigation and report concerning residence
Status: in_force

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.
Nev. Rev. Stat. § 433B.300 — NV Code / Title 39 / Chapter 433B / Section 433B.300
Requirements for treatment provided
Status: in_force

The treatment provided to a child with an emotional disturbance must be designed to facilitate the adjustment and effective functioning of that child in his or her present or anticipated situation in life, and includes:

1. Services provided without admission to a facility, such as: (a) Counseling for the family; (b) Therapy in a group for parents and children; (c) Classes for parents in effective techniques for the management of children; (d) Individual therapy for children; and (e) Evaluation of the child, including personal assessments and studies of individual social environments;

2. Services for the care of children during the day, involving educational programs and therapy programs provided after school or for half a day;

3. Placement in transitional homes operated by professionally trained parents working in close consultation with the administrative officer and the staff of the administrative officer;

4. Short-term residential services providing 24-hour supervision, evaluation and planning and intensive counseling for the family, therapy and educational evaluation and consultation; and

5. A plan for the continued education of the child if the child is admitted to a psychiatric hospital or a facility which provides residential treatment for mental illness, as applicable, developed pursuant to NRS 432B.60847 , and the communication and coordination of that plan with the school district and the agency which provides child welfare services.
Nev. Rev. Stat. § 435.480 — NV Code / Title 39 / Chapter 435 / Section 435.480
Legislative appropriations; payment of claims
Status: in_force

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.
Nev. Rev. Stat. § 433.094 — NV Code / Title 39 / Chapter 433 / Section 433.094
“Division facility” defined
Status: in_force

“ Division facility ” means any unit or subunit operated by the Division for the care, treatment and training of consumers.
Nev. Rev. Stat. § 433A.290 — NV Code / Title 39 / Chapter 433A / Section 433A.290
Right of person alleged to be in mental health crisis to be present and testify
Status: in_force

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.
Nev. Rev. Stat. § 433.716 — NV Code / Title 39 / Chapter 433 / Section 433.716
“Agency which provides child welfare services” defined
Status: in_force

“Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030 .
Nev. Rev. Stat. § 433B.3398 — NV Code / Title 39 / Chapter 433B / Section 433B.3398
Annual report to Department by each agency which provides child welfare services; annual report to Legislature by Department
Status: in_force

1. On or before January 15 of each year, each agency which provides child welfare services in this State shall report to the Department: (a) The number of children who were relinquished to the agency or voluntarily placed with the agency pursuant to NRS 432B.360 during the immediately preceding year because the children needed services for a mental illness or emotional disturbance; and (b) Information prescribed by regulation of the Department concerning the length of time the services were provided to such children and the status of the children upon the termination of services.

2. On or before February 15 of each year, the Department shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report which includes, for the immediately preceding calendar year: (a) A summary of the information reported to the Department pursuant to subsection 1; (b) The number of children who received services pursuant to NRS 433B.3396 and the services that were provided; (c) The number of children described in paragraph (b) who were relinquished to the agency which provides child welfare services or voluntarily placed with the agency which provides child welfare services pursuant to NRS 432B.360 despite the services provided to those children; and (d) Information concerning the length of time that services to stabilize a child were provided pursuant to subsection 3 of NRS 433B.3396 .
Nev. Rev. Stat. § 433.742 — NV Code / Title 39 / Chapter 433 / Section 433.742
Requirements and procedure for regional, county, local or tribal needs assessment
Status: in_force

1. A needs assessment conducted pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 433.740 by a regional, local or tribal governmental entity applying for a grant must: (a) Be evidence-based. (b) Include an analysis of the impacts of opioid use and opioid use disorder on the area under the jurisdiction of the applicant that uses quantitative and qualitative data to determine the risk factors that contribute to opioid use, the use of substances and the rates of opioid use disorder, other substance use disorders and co-occurring disorders among residents of the area. (c) Focus on health equity and identifying disparities across all racial and ethnic populations, geographic regions and special populations in the area under the jurisdiction of the applicant. (d) Take into account the resources of the applicant and the programs currently existing in the area under the jurisdiction of the applicant to address opioid use disorder and other substance use disorders. (e) Based on the information and analyses described in paragraphs (a) to (d), inclusive, establish priorities for the use of the funds for which the applicant is applying.

2. When conducting a needs assessment, a regional, local or tribal governmental entity applying for a grant shall: (a) Use community-based participatory research methods or similar methods to conduct outreach to groups impacted by the use of opioids, opioid use disorder and other substance use disorders, including, without limitation: (1) Persons and families impacted by the use of opioids and other substances; (2) Providers of treatment for opioid use disorder and other substance use disorders; (3) Substance use disorder prevention coalitions; (4) Communities of persons in recovery from opioid use disorder and other substance use disorders; (5) Providers of services to reduce the harms caused by opioid use disorder and other substance use disorders; (6) Persons involved in the child welfare system; (7) Providers of social services; (8) Faith-based organizations; (9) Providers of health care and entities that provide health care services; and (10) Members of diverse communities disproportionately impacted by opioid use and opioid use disorder; and (b) Conduct outreach to governmental agencies that interact with persons or groups impacted by the use of opioids, opioid use disorder and other substance use disorders, including, without limitation: (1) Courts, juvenile justice agencies and other governmental agencies involved in law enforcement or criminal justice; (2) Agencies which provide child welfare services and other governmental agencies involved in the child welfare system; and (3) Public health agencies.
Nev. Rev. Stat. § 435.334 — NV Code / Title 39 / Chapter 435 / Section 435.334
Fees for certificate
Status: in_force

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.
Nev. Rev. Stat. § 433C.310 — NV Code / Title 39 / Chapter 433C / Section 433C.310
Reimbursement for joint programs
Status: in_force

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.
Nev. Rev. Stat. § 435.3395 — NV Code / Title 39 / Chapter 435 / Section 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
Status: in_force

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; (c) The reasons for such determinations; and (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.
Nev. Rev. Stat. § 435.490 — NV Code / Title 39 / Chapter 435 / Section 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
Status: in_force

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, 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.
Nev. Rev. Stat. § 433.269 — NV Code / Title 39 / Chapter 433 / Section 433.269
Proficiency in English language required of certain employees
Status: in_force

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.
Nev. Rev. Stat. § 435.635 — NV Code / Title 39 / Chapter 435 / Section 435.635
Disposition of unclaimed personal property of minimal value
Status: in_force

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.
Nev. Rev. Stat. § 435.229 — NV Code / Title 39 / Chapter 435 / Section 435.229
Application for renewal of certificate to include information relating to state business license; renewal of certificate prohibited in certain circumstances
Status: in_force

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 .
Nev. Rev. Stat. § 435.655 — NV Code / Title 39 / Chapter 435 / Section 435.655
Liability of certain relatives and estate of person admitted to facility for payment of costs; recovery by legal action
Status: in_force

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 .
Nev. Rev. Stat. § 433C.220 — NV Code / Title 39 / Chapter 433C / Section 433C.220
Provisions of chapter applicable to joint programs
Status: in_force

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.
Nev. Rev. Stat. § 433.542 — NV Code / Title 39 / Chapter 433 / Section 433.542
Disposition of unclaimed personal property of consumer worth more than $100
Status: in_force

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 the fact 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 433.541 .
Nev. Rev. Stat. § 435.100 — NV Code / Title 39 / Chapter 435 / Section 435.100
Continuation or initiation of contributions for support upon transfer of person from one division facility to another
Status: in_force

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 .
Nev. Rev. Stat. § 433.414 — NV Code / Title 39 / Chapter 433 / Section 433.414
Fees of physicians and other professionally qualified employees of facility
Status: in_force

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, singularly or as a member of an evaluation team established pursuant to the provisions of chapter 433A of NRS .

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.
Nev. Rev. Stat. § 433.718 — NV Code / Title 39 / Chapter 433 / Section 433.718
“Fund” defined
Status: in_force

“ Fund ” means the Fund for a Resilient Nevada created by NRS 433.732 .
Nev. Rev. Stat. § 435.360 — NV Code / Title 39 / Chapter 435 / Section 435.360
Responsibility for costs of care and treatment of person 18 years of age or older
Status: in_force

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.
Nev. Rev. Stat. § 433.638 — NV Code / Title 39 / Chapter 433 / Section 433.638
Injunction
Status: in_force

1. The Division may bring an action in the name of the State of Nevada to enjoin any adult from engaging in conduct that violates the provisions of NRS 433.631 .

2. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, engage in conduct for which a certificate is required by NRS 433.631 without a valid certificate.
Nev. Rev. Stat. § 433A.0163 — NV Code / Title 39 / Chapter 433A / Section 433A.0163
“Emergency admission” defined
Status: in_force

“ Emergency admission ” means the involuntary admission of a person who has been placed on a mental health crisis hold to a public or private mental health facility or hospital pursuant to NRS 433A.162 .
Nev. Rev. Stat. § 435.125 — NV Code / Title 39 / Chapter 435 / Section 435.125
Involuntary admission: Examination or evaluation of person
Status: in_force

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.
Nev. Rev. Stat. § 433.461 — NV Code / Title 39 / Chapter 433 / Section 433.461
“Facility” defined
Status: in_force

“ Facility ” means any:

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

2. Unit or subunit operated by the Division of Child and Family Services of the Department pursuant to chapter 433B of NRS .

3. Hospital, clinic or other institution operated by any public or private entity, for the care, treatment and training of consumers.
Nev. Rev. Stat. § 433.164 — NV Code / Title 39 / Chapter 433 / Section 433.164
“Mental illness” defined
Status: in_force

“ Mental illness ” means a clinically significant disorder of thought, mood, perception, orientation, memory or behavior which seriously limits the capacity of a person to function in the primary aspects of daily living, including, without limitation, personal relations, living arrangements, employment and recreation. The term does not include other mental disorders that result in diminished capacity, including, without limitation, epilepsy, intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or other substances or dependence upon or addiction to alcohol or other substances.
Nev. Rev. Stat. § 435.090 — NV Code / Title 39 / Chapter 435 / Section 435.090
Responsibility of estate, parent or guardian for support of child committed to division facility; recovery by legal action
Status: in_force

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.
Nev. Rev. Stat. § 435.307 — NV Code / Title 39 / Chapter 435 / Section 435.307
Transition plan for workers earning less than state minimum wage
Status: in_force

<Section effective until Dec. 31, 2027, when it expires by limitation. >

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) .
Nev. Rev. Stat. § 433A.200 — NV Code / Title 39 / Chapter 433A / Section 433A.200
Filing of petition; certificate or statement concerning alleged mental health crisis; statement of parent consenting to treatment of minor
Status: in_force

1. Except as otherwise provided in NRS 432B.6075 and 432B.60814 , 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 for the involuntary admission to a mental health facility with the clerk of the district court of the county where the person who is to be treated resides or the county where a mental health facility that is willing to admit the person is located. The petition may be filed by any physician, physician assistant, psychologist, social worker or registered nurse 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, a psychologist, a physician assistant under the supervision of a psychiatrist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160 or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 stating that he or she has examined the person alleged to be a person in a mental health crisis and has concluded that the person is a person in a mental health crisis; or (b) By a sworn written statement by the petitioner that: (1) The petitioner has, based upon the petitioner's personal observation of the person alleged to be a person in a mental health crisis, probable cause to believe that the person is a person in a mental health crisis and the person alleged to be a person in a mental health crisis has refused to submit to examination or treatment by a physician, psychiatrist, psychologist or advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 ; or (2) The person alleged to be a person in a mental health crisis has been placed on a mental health crisis hold pursuant to NRS 433A.160 and the physician, physician assistant or advanced practice registered nurse who examined the person alleged to be a person with a mental health crisis pursuant to NRS 433A.165 determined that the person has a medical condition, other than a psychiatric condition, which requires immediate treatment.

2. Except as otherwise provided in NRS 432B.6075 and 432B.60814 , if the person to be treated is an unemancipated minor and the petitioner is a person other than a parent or guardian of the minor, a petition submitted pursuant to subsection 1 must, in addition to the certificate or statement required by that subsection, 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.
Nev. Rev. Stat. § 433B.290 — NV Code / Title 39 / Chapter 433B / Section 433B.290
Provision of treatment; operation of treatment facilities; regulations; coordination of activities
Status: in_force

1. The Division may: (a) Provide treatment for children with emotional disturbance at any division facility. (b) Operate treatment facilities specifically for the purpose of providing treatment for children with emotional disturbance.

2. Each administrative officer of a treatment facility, subject to the approval of the Administrator, shall establish regulations for the operation of the facility and coordinate the activities of the facility with those of public and private children's service agencies in the State.
Nev. Rev. Stat. § 433A.017 — NV Code / Title 39 / Chapter 433A / Section 433A.017
“Medical director” defined
Status: in_force

“ Medical director ” means the medical officer in charge of any program of the Division of Public and Behavioral Health of the Department.
Nev. Rev. Stat. § 433.354 — NV Code / Title 39 / Chapter 433 / Section 433.354
Contracts for cooperation with governmental entities and others; effect of payments to Division for such cooperation; immunity from and limitations on liability not waived
Status: in_force

1. For the purposes of chapters 433 to 433C, inclusive, of NRS, 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 provide staff, services or other resources, or any combination thereof, without payment, to further the purposes of the contract or agreement. If the contract or agreement includes a provision whereby the Division is paid for the provision of staff, services or other resources, the payment 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.

2. If the Administrator or the Administrator's designee enters into a contract or agreement pursuant to subsection 1 with a private nonprofit corporation, the contract or agreement may allow: (a) The Division to enter and inspect any premises that are related to services provided under the contract or agreement and to inspect any records that are related to services provided under the contract or agreement to ensure the welfare of any consumer served by the private nonprofit corporation under the contract or agreement; (b) The Division and the private nonprofit corporation to share confidential information concerning any consumer served by the private nonprofit corporation under the contract or agreement; and (c) The private nonprofit corporation to assign rights and obligations of the private nonprofit corporation under the contract or agreement to the Division.

3. The State, Department and Division do not waive any immunity from liability or limitation on liability provided by law by entering into a contract or agreement pursuant to this section and any such contract or agreement must include a provision to that effect.
Nev. Rev. Stat. § 433.546 — NV Code / Title 39 / Chapter 433 / Section 433.546
“Corporal punishment” defined
Status: in_force

“Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.
Nev. Rev. Stat. § 435.560 — NV Code / Title 39 / Chapter 435 / Section 435.560
Rights concerning involuntary commitment
Status: in_force

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. (c) To receive a list of the consumer's rights concerning involuntary commitment or 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.
Nev. Rev. Stat. § 433A.330 — NV Code / Title 39 / Chapter 433A / Section 433A.330
Transportation to facility
Status: in_force

When an involuntary court admission to a mental health facility is ordered under the provisions of this chapter, the involuntarily admitted person, together with the court orders and certificates of the physicians, certified psychologists, advanced practice registered nurses 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:

1. Transport the person; or

2. Arrange for the person to be transported by: (a) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority; (b) A provider of nonemergency secure behavioral health transport services licensed under the regulations adopted pursuant to NRS 433.3317 ; or (c) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS , to the appropriate public or private mental health facility.
Nev. Rev. Stat. § 433.538 — NV Code / Title 39 / Chapter 433 / Section 433.538
Definitions
Status: in_force

As used in NRS 433.538 to 433.543 , inclusive, unless the context otherwise requires:

1. “ Administrative officer ” means a person with overall executive and administrative responsibility for a division facility.

2. “ Division facility ” means any unit or subunit operated by: (a) The Division of Public and Behavioral Health of the Department for the care, treatment and training of consumers; or (b) The Division of Child and Family Services of the Department pursuant to chapter 433B of NRS .
Nev. Rev. Stat. § 433B.090 — NV Code / Title 39 / Chapter 433B / Section 433B.090
“Person professionally qualified in the field of psychiatric mental health” defined
Status: in_force

“ Person professionally qualified in the field of psychiatric mental health ” means:

1. A psychiatrist licensed to practice medicine in this State and 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 of Child and Family Services of the Department or the Division of Public and Behavioral Health of the Department;

5. A marriage and family therapist licensed pursuant to chapter 641A of NRS ; or

6. A clinical professional counselor licensed pursuant to chapter 641A of NRS .
Nev. Rev. Stat. § 433C.270 — NV Code / Title 39 / Chapter 433C / Section 433C.270
Services included in county program
Status: in_force

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) Intellectual disabilities; (c) Developmental disabilities; (d) Organic brain and other neurological impairment; and (e) Alcohol or other substance use disorders.

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.
Nev. Rev. Stat. § 433.331 — NV Code / Title 39 / Chapter 433 / Section 433.331
Adoption of regulations concerning abuse and neglect of consumers
Status: in_force

The Division 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 433.554 ;

2. Provide for a more detailed definition of neglect of a consumer of the Division, consistent with the general definition given in NRS 433.554 ; and

3. Establish policies and procedures for reporting the abuse or neglect of a consumer of the Division.
Nev. Rev. Stat. § 433.262 — NV Code / Title 39 / Chapter 433 / Section 433.262
Medical director responsible to Chief Medical Officer
Status: in_force

The medical director or other person in charge of any division facility or any other facility or center established pursuant to chapters 433 to 433C, inclusive, of NRS:

1. Is subject to the oversight of the Chief Medical Officer; and

2. Shall report to the Chief Medical Officer any information concerning the facility or center upon the request of the Chief Medical Officer.
Nev. Rev. Stat. § 433A.590 — NV Code / Title 39 / Chapter 433A / Section 433A.590
Schedule of fees
Status: in_force

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 consumer for the class of consumer care provided.

3. The fee schedule must allow for a consumer to pay a portion of the actual cost if it is determined that the consumer and his or her 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 consumer from third-party sources, other than Medicaid, have been applied to pay the actual cost for the care provided.
Nev. Rev. Stat. § 435.535 — NV Code / Title 39 / Chapter 435 / Section 435.535
“Administrative officer” defined
Status: in_force

“ 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.
Nev. Rev. Stat. § 433.514 — NV Code / Title 39 / Chapter 433 / Section 433.514
Medication: Responsibility of psychiatrist and physician; review of methods for administration and custody
Status: in_force

1. The attending psychiatrist or physician shall be 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.
Nev. Rev. Stat. § 433A.713 — NV Code / Title 39 / Chapter 433A / Section 433A.713
Submission of reports to Division; regulations requiring adoption of plan for discharge of admitted person
Status: in_force

1. Each public or private mental health facility and hospital in this State shall, in the manner and time prescribed by regulation of the State Board of Health, report to the Division: (a) The number of persons placed on a mental health crisis hold at the mental health facility or hospital pursuant to NRS 433A.160 during the immediately preceding quarter; and (b) Any other information prescribed by regulation of the State Board of Health.

2. The State Board of Health may adopt regulations that require a public or private mental health facility or hospital to adopt a plan for the discharge of a person admitted to the facility or hospital in accordance with the provisions of this chapter and that prescribe the contents of such a plan.
Nev. Rev. Stat. § 433.5476 — NV Code / Title 39 / Chapter 433 / Section 433.5476
“Physical restraint” defined
Status: in_force

“Physical restraint” means the use of physical contact to limit a person's movement or hold a person immobile.
Nev. Rev. Stat. § 433A.360 — NV Code / Title 39 / Chapter 433A / Section 433A.360
Clinical records: Contents; confidentiality
Status: in_force

1. A clinical record for each consumer must be diligently maintained by any division facility, private institution, facility offering mental health services or person professionally qualified in the field of psychiatric mental health responsible for providing assisted outpatient treatment. The record must include information pertaining to the consumer'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 as otherwise provided in subsection 2 or except: (a) If the release is authorized or required pursuant to NRS 439.597 . (b) The record must be released to physicians, advanced practice registered nurses, attorneys and social agencies as specifically authorized in writing by the consumer, the consumer's parent, guardian or attorney. (c) The record must be released to persons authorized by the order of a court of competent jurisdiction. (d) 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 of 2000, 42 U.S.C. §§ 15001 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 consumer. (e) 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 consumers. (f) To the extent necessary for a consumer to make a claim, or for a claim to be made on behalf of a consumer for aid, insurance or medical assistance to which the consumer may be entitled, information from the records may be released with the written authorization of the consumer or the consumer's guardian. (g) 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. §§ 15001 et seq. or 42 U.S.C. §§ 10801 et seq. if: (1) The consumer is a consumer of that office and the consumer or the consumer's legal representative or guardian authorizes the release of the record; or (2) A complaint regarding a consumer was received by the office or there is probable cause to believe that the consumer has been abused or neglected and the consumer: (I) Is unable to authorize the release of the record because of the consumer's mental or physical condition; and (II) Does not have a guardian or other legal representative or is a ward of the State. (h) The record must be released as provided in NRS 433.332 or 433B.200 and in chapter 629 of NRS .

2. A division facility, private institution, facility offering mental health services or person professionally qualified in the field of psychiatric mental health responsible for providing assisted outpatient treatment and any other person or entity having information concerning a consumer, including, without limitation, a clinical record, any part thereof or any information contained therein, may disclose such information to a provider of health care to assist with treatment provided to the consumer.

3. As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031 .