Nev. Rev. Stat. § 433.316 — NV Code / Title 39 / Chapter 433 / Section 433.316
Powers
Status: in_force

The Commission may:

1. Collect and disseminate information pertaining to mental health, intellectual disabilities, developmental disabilities, substance use disorders and co-occurring disorders.

2. Request legislation pertaining to mental health, intellectual disabilities, developmental disabilities, substance use disorders and co-occurring disorders.

3. Review findings of investigations of complaints about the care of any person in a public facility for the 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.

4. Accept, as authorized by the Legislature, gifts and grants of money and property.

5. Take appropriate steps to increase the availability of and to enhance the quality of 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 through private nonprofit organizations, governmental entities, hospitals and clinics.

6. Promote programs for the 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 and participate in and promote the development of facilities for training persons to provide 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.

7. Create a plan to coordinate the services for the 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 in this State and to provide continuity in the care and treatment provided.

8. Establish and maintain an appropriate program which provides information to the general public concerning mental illness, intellectual disabilities, developmental disabilities, substance use disorders and co-occurring disorders and consider ways to involve the general public in the decisions concerning the policy on mental illness, intellectual disabilities, developmental disabilities, substance use disorders and co-occurring disorders.

9. Compile statistics on mental illness and study the cause, pathology and prevention of that illness.

10. Establish programs to prevent or postpone the commitment of residents of this State to facilities for the 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.

11. Evaluate the future needs of this State concerning the treatment of mental illness, intellectual disabilities, developmental disabilities, substance use disorders and co-occurring disorders and develop ways to improve the treatment already provided.

12. Take any other action necessary to promote mental health in this State.
Nev. Rev. Stat. § 433A.162 — NV Code / Title 39 / Chapter 433A / Section 433A.162
Procedure for emergency admission of person placed on mental health crisis hold; limitation on period of emergency admission
Status: in_force

1. A public or private mental health facility or hospital may admit a person who has been placed on a mental health crisis hold under an emergency admission if: (a) After conducting an examination pursuant to NRS 433A.165 , a physician, physician assistant or advanced practice registered nurse determines that the person does not have a medical condition, other than a psychiatric condition, which requires immediate treatment; (b) A psychologist, a physician, 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 , who is employed by the public or private mental health facility or hospital completes a certificate pursuant to NRS 433A.170 ; (c) A psychiatrist or a psychologist or, if a psychiatrist or a psychologist is not available, a physician or an advanced practice registered nurse who has the training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 , evaluates the person at the time of admission and determines that the person is a person in a mental health crisis; and (d) A psychiatrist approves the admission.

2. The provisions of subsections 2 and 3 of NRS 433A.150 continue to apply to a person who is admitted to a public or private mental health facility or hospital under an emergency admission pursuant to this section.
Nev. Rev. Stat. § 433.005 — NV Code / Title 39 / Chapter 433 / Section 433.005
Definitions
Status: in_force

As used in chapters 433 to 433C, inclusive, of NRS, unless the context otherwise requires, or except as otherwise defined by specific statute, the words and terms defined in NRS 433.014 to 433.227 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 435.425 — NV Code / Title 39 / Chapter 435 / Section 435.425
Program for certification of intellectual and developmental disability technicians
Status: in_force

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

2. An intellectual and developmental disability technician is responsible to the director of the service in which his or her duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize an intellectual and developmental disability technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.

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

4. As used in this section, “ intellectual and developmental disability technician ” means an employee of the Division who, for compensation or personal profit, carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of persons with intellectual disabilities or persons with developmental disabilities and who has direct responsibility for: (a) Administering or carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable consumers to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or (b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of consumers, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the consumers.
Nev. Rev. Stat. § 433A.140 — NV Code / Title 39 / Chapter 433A / Section 433A.140
Voluntary admission: Procedures for admission and release; effect of voluntary release
Status: in_force

1. Any person may apply to: (a) A public or private mental health facility in the State of Nevada for admission to the facility; or (b) A division facility to receive care, treatment or training provided by the Division, as a voluntary consumer for the purposes of observation, diagnosis, care and treatment. In the case of a person who has not attained the age of majority, application for voluntary admission or care, treatment or training may be made on his or her behalf by the person's spouse, parent or legal guardian.

2. If the application is for admission to a division facility, or for care, treatment or training provided by the Division, the applicant must be admitted or provided such services as a voluntary consumer if an examination by personnel of the facility qualified to make such a determination reveals that the person needs and may benefit from services offered by the mental health facility.

3. Any person admitted to a public or private mental health facility as a voluntary consumer must be released immediately after the filing of a written request for release with the responsible physician or that physician's designee within the normal working day, unless the facility changes the status of the person to an emergency admission pursuant to NRS 433A.145 . When a person is released pursuant to this subsection, the facility and its agents and employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the person.

4. Any person admitted to a public or private mental health facility as a voluntary consumer who has not requested release may nonetheless be released by the medical director of the facility when examining personnel at the facility determine that the consumer has recovered or has improved to such an extent that the consumer is not considered a danger to himself or herself or others and that the services of that facility are no longer beneficial to the consumer or advisable.

5. A person who requests care, treatment or training from the Division pursuant to this section must be evaluated by the personnel of the Division to determine whether the person is eligible for the services offered by the Division. The evaluation must be conducted: (a) Within 72 hours if the person has requested inpatient services; or (b) Within 72 regular operating hours, excluding weekends and holidays, if the person has requested assisted outpatient treatment.

6. This section does not preclude a public facility from making decisions, policies, procedures and practices within the limits of the money made available to the facility.
Nev. Rev. Stat. § 433.472 — NV Code / Title 39 / Chapter 433 / Section 433.472
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. § 433B.170 — NV Code / Title 39 / Chapter 433B / Section 433B.170
Proficiency in English language required of certain employees
Status: in_force

The Administrator shall not employ any psychiatrist, psychologist, social worker, registered nurse, clinical professional counselor or marriage and family therapist who is unable to demonstrate proficiency in the oral and written expression of the English language.
Nev. Rev. Stat. § 433.454 — NV Code / Title 39 / Chapter 433 / Section 433.454
Expenses of returning consumer to legal residence
Status: in_force

1. All expenses incurred for the purpose of returning a consumer to the state in which the consumer has legal residence shall be paid from the moneys of the consumer or by the relatives or other persons responsible for the consumer's care and treatment under his or her commitment or admission.

2. In the case of indigent consumers whose relatives cannot pay the costs and expenses of returning such consumers to the state in which they have residence, the costs may be assumed by the State. These costs shall be advanced from moneys appropriated for the general support of the division facility wherein the consumer was receiving care, treatment or training, if such consumer was committed to a division facility at the time of the transfer, and shall be paid out on claims as other claims against the State are paid.
Nev. Rev. Stat. § 433A.165 — NV Code / Title 39 / Chapter 433A / Section 433A.165
Examination required before emergency admission of person to facility; treatment of certain medical conditions required before emergency admission to facility; payment of costs; exceptions; regulations
Status: in_force

1. Before a person alleged to be a person in a mental health crisis may be admitted to a public or private mental health facility or hospital under an emergency admission pursuant to NRS 433A.162 , the person must: (a) First be examined by a licensed physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS or an advanced practice registered nurse licensed pursuant to NRS 632.237 at any location where such a physician, physician assistant or advanced practice registered nurse is authorized to conduct such an examination to determine whether the person has a medical condition, other than a psychiatric condition, which requires immediate treatment; and (b) If such treatment is required, be admitted for the appropriate medical care: (1) To a hospital if the person is in need of emergency services or care; or (2) To another appropriate medical facility if the person is not in need of emergency services or care.

2. If a person alleged to be a person in a mental health crisis has a medical condition in addition to a psychiatric condition which requires medical treatment that requires more than 72 hours to complete, the licensed physician, physician assistant or advanced practice registered nurse who examined the person must: (a) On the first business day after determining that such medical treatment is necessary, file with the clerk of the district court a written petition for the involuntary court-ordered admission of the person to a public or private mental health facility pursuant to NRS 433A.200 after the medical treatment has been completed. The petition must: (1) Include, without limitation, the medical condition of the person and the purpose for continuing the medical treatment of the person; and (2) Be accompanied by a copy of: (I) The form for the placement of a person on a mental health crisis hold completed pursuant to NRS 433A.160 ; and (II) The certificate completed pursuant to NRS 433A.170 , unless the medical condition prevents the completion of such a certificate. (b) Seven days after filing a petition pursuant to paragraph (a) and every 7 days thereafter, file with the clerk of the district court an update on the medical condition and treatment of the person.

3. The examination and any transfer of the person from a facility when the person has an emergency medical condition and has not been stabilized must be conducted in compliance with: (a) The requirements of 42 U.S.C. § 1395dd and any regulations adopted pursuant thereto, and must involve a person authorized pursuant to federal law to conduct such an examination or certify such a transfer; and (b) The provisions of NRS 439B.410 .

4. The cost of the examination must be paid by the county in which the person alleged to be a person in a mental health crisis resides if services are provided at a county hospital located in that county or a hospital or other medical facility designated by that county, unless the cost is voluntarily paid by the person alleged to be a person in a mental health crisis or, on the person's behalf, by his or her insurer or by a state or federal program of medical assistance.

5. The county may recover all or any part of the expenses paid by it, in a civil action against: (a) The person whose expenses were paid; (b) The estate of that person; or (c) A responsible relative as prescribed in NRS 433A.610 , to the extent that financial ability is found to exist.

6. The cost of treatment, including hospitalization, for a person who is indigent must be paid pursuant to NRS 428.010 by the county in which the person alleged to be a person in a mental health crisis resides.

7. The provisions of this section do not require the Division to provide examinations required pursuant to subsection 1 at a division facility if the Division does not have the: (a) Appropriate staffing levels of physicians, physician assistants, advanced practice registered nurses or other appropriate staff available at the facility as the Division determines is necessary to provide such examinations; or (b) Appropriate medical laboratories as the Division determines is necessary to provide such examinations.

8. The State Board of Health shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations that: (a) Define “emergency services or care” as that term is used in this section; (b) Prescribe a procedure to ensure that an examination is performed pursuant to paragraph (a) of subsection 1; and (c) Prescribe the type of medical facility that a person may be admitted to pursuant to subparagraph (2) of paragraph (b) of subsection 1.

9. As used in this section, “medical facility” has the meaning ascribed to it in NRS 449.0151 .
Nev. Rev. Stat. § 433A.010 — NV Code / Title 39 / Chapter 433A / Section 433A.010
Applicability of chapter
Status: in_force

The provisions of this chapter apply to all mental health centers of the Division of Public and Behavioral Health of the Department and of the Division of Child and Family Services of the Department. Such provisions apply to private institutions and facilities offering mental health services only when specified in the context.
Nev. Rev. Stat. § 435.495 — NV Code / Title 39 / Chapter 435 / Section 435.495
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 on Behavioral Health and the Director of the Department for joint approval before enforcement. The fees collected by facilities operated by the Division pursuant to this schedule must be deposited in the State Treasury to the credit of the State General Fund, except as otherwise provided in NRS 435.465 for fees collected pursuant to contract or agreement and in NRS 435.120 for fees collected for services to consumers with intellectual disabilities or consumers with developmental disabilities.

2. For a facility providing services for the treatment of persons with intellectual disabilities or persons with developmental disabilities, the fee established must approximate the cost of providing the service, but if a consumer is unable to pay in full the fee established pursuant to this section, the Division may collect any amount the consumer is able to pay.
Nev. Rev. Stat. § 433.738 — NV Code / Title 39 / Chapter 433 / Section 433.738
Requirements for statewide plan to allocate money from Fund; authorized uses of money; revision of statewide plan without needs assessment
Status: in_force

1. The statewide plan to allocate money from the Fund established by the Department, in consultation with the Office, pursuant to paragraph (b) of subsection 1 of NRS 433.734 must: (a) Establish policies and procedures for the administration and distribution of money from the Fund; (b) Allocate the money in the Fund for the purposes described in subsection 2; and (c) Establish requirements governing the use of money allocated from the Fund.

2. The statewide plan may allocate money to: (a) Statewide projects, which may include, without limitation: (1) Expanding access to evidence-based prevention of substance use disorders, early intervention for persons at risk of a substance use disorder, treatment for substance use disorders and support for persons in recovery from substance use disorders; (2) Programs to reduce the incidence and severity of neonatal abstinence syndrome; (3) Prevention of adverse childhood experiences and early intervention for children who have undergone adverse childhood experiences and the families of such children; (4) Services to reduce the harm caused by substance use; (5) Prevention and treatment of infectious diseases in persons with substance use disorders; (6) Services for children and other persons in a behavioral health crisis and the families of such persons; (7) Housing for persons who have or are in recovery from substance use disorders; (8) Campaigns to educate and increase awareness of the public concerning substance use and substance use disorders; (9) Programs for persons involved in the criminal justice or juvenile justice system and the families of such persons, including, without limitation, programs that are administered by courts; (10) The evaluation of existing programs relating to substance use and substance use disorders; (11) Development of the workforce of providers of services relating to substance use and substance use disorders; (12) The collection and analysis of data relating to substance use and substance use disorders; (13) Capital projects relating to substance use and substance use disorders, including, without limitation, construction, purchasing and remodeling; and (14) Implementing the hotline for persons who are considering suicide or otherwise in a behavioral health crisis and providing services to persons who access that hotline in accordance with the provisions of NRS 433.702 to 433.710 , inclusive. (b) Grants to regional, county, local and tribal agencies and private-sector organizations whose work relates to opioid use disorder and other substance use disorders.

3. The projects described in paragraph (a) of subsection 2 may include, without limitation, projects to maximize expenditures through federal, local and private matching contributions.

4. The Department, in consultation with the Office, may revise the statewide plan to allocate money from the Fund as necessary without conducting a statewide needs assessment pursuant to paragraph (a) of subsection 1 of NRS 433.734 so long as a needs assessment is conducted at the intervals required by that subsection.
Nev. Rev. Stat. § 433C.210 — NV Code / Title 39 / Chapter 433C / Section 433C.210
Agreement for joint program: Provisions
Status: in_force

1. Any agreement between two or more counties for the establishment of joint county programs shall provide: (a) That each county shall bear its share of the cost of the joint county program in proportion to the population of each county served. (b) That the county treasurer of one participating county shall be the custodian of moneys made available for the purposes of such joint program and that the county treasurer may make payments from such moneys upon warrant of the appropriate officer or body of the county for which he or she is county treasurer.

2. Any such agreement may also provide: (a) For the joint provision and operation of services and facilities or for the provision and operation of services and facilities by one participating county under contract for the other participating counties. (b) For appointments of members of the board for the joint program by the several participating counties. (c) That for specified purposes officers and employees of such joint county programs shall be considered to be officers and employees of one participating county only. (d) For such other matters as are necessary or proper to effectuate the purposes of this chapter.
Nev. Rev. Stat. § 433.548 — NV Code / Title 39 / Chapter 433 / Section 433.548
“Verbal and mental abuse” defined
Status: in_force

“Verbal and mental abuse” means verbal intimidation or coercion of a person without a redeeming purpose.
Nev. Rev. Stat. § 433A.020 — NV Code / Title 39 / Chapter 433A / Section 433A.020
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, public health or administration.

2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care and treatment of persons in a mental health crisis.
Nev. Rev. Stat. § 433A.240 — NV Code / Title 39 / Chapter 433A / Section 433A.240
Examination of person alleged to be person in mental health crisis; protective custody pending hearing
Status: in_force

1. After the filing of a petition to commence proceedings for the involuntary court-ordered admission of a person pursuant to NRS 433A.200 and 433A.210 , the court shall promptly cause two or more physicians, psychologists or advanced practice registered nurses who have the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 , one of whom must always be a physician, to examine the person alleged to be a person in a mental health crisis, or request an evaluation by an evaluation team from the Division of the person alleged to be a person in a mental health crisis.

2. Subject to the provisions in subsection 1, the judge assigned to hear a proceeding brought pursuant to NRS 433A.200 to 433A.330 , inclusive, shall have complete discretion in selecting the medical professionals to conduct the examination required pursuant to subsection 1.

3. To conduct the examination of a person who is not being detained at a mental health facility or hospital under a mental health crisis hold pursuant to NRS 433A.160 , the court may order a peace officer to take the person into protective custody and transport the person to a mental health facility or hospital where the person may be detained until a hearing is had upon the petition or motion, as applicable.

4. If the person is not being detained under a mental health crisis hold pursuant to NRS 433A.160 , the person may be allowed to remain in his or her home or other place of residence pending an ordered examination or examinations and to return to his or her home or other place of residence upon completion of the examination or examinations. The person may be accompanied by one or more of his or her relations or friends to the place of examination.

5. Each physician, psychologist and advanced practice registered nurse who examines a person pursuant to subsection 1 shall, in conducting such an examination, consider the least restrictive treatment appropriate for the person.

6. Each physician, psychologist and advanced practice registered nurse who examines a person pursuant to subsection 1 shall, not later than 24 hours before the hearing set pursuant to subsection 1 of NRS 433A.220 , submit to the court in writing a summary of his or her findings and evaluation regarding the person alleged to be a person in a mental health crisis.
Nev. Rev. Stat. § 433.639 — NV Code / Title 39 / Chapter 433 / Section 433.639
Child abuse and neglect screening; termination upon receipt of substantiated report; opportunity to correct information; review; regulations; civil penalties
Status: in_force

1. Not later than 3 days after employing a person to provide or supervise the provision of peer recovery support services in a position where the person has regular and substantial contact with minors or retaining a person as an independent contractor to provide or supervise the provision of peer recovery support services in such a position and every 5 years thereafter, an employer, or person or entity who retained the independent contractor, shall: (a) Obtain from the employee or independent contractor written authorization for the release of any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 ; and (b) Complete a child abuse and neglect screening through the Central Registry to determine whether there has been a substantiated report of child abuse or neglect or a violation of NRS 201.540 , 201.553 , 201.560 , 392.4633 or 394.366 made against the person.

2. Except as otherwise provided in any regulations adopted pursuant to subsection 4, upon receiving information pursuant to subsection 1 from the Central Registry or from any other source that an employee or independent contractor described in subsection 1 has, within the immediately preceding 5 years, had a substantiated report of child abuse or neglect or a violation of NRS 201.540 , 201.553 , 201.560 , 392.4633 or 394.366 made against him or her, the employer or person or entity who retained the independent contractor shall terminate the employment or contract of the employee or independent contractor, as applicable, after allowing the employee or independent contractor time to correct the information as required pursuant to subsection 3.

3. If an employee or independent contractor described in subsection 1 believes that the information provided to the employer or person or entity who retained the independent contractor pursuant to subsection 2 is incorrect, the employee or independent contractor must inform the employer, person or entity immediately. The employer, person or entity shall give any such employee or independent contractor 30 days to correct the information.

4. The Division, in consultation with each agency which provides child welfare services, may establish by regulation a process by which it may review evidence upon request to determine whether an employee or independent contractor described in subsection 1 who has, within the immediately preceding 5 years, had a substantiated report of child abuse or neglect or a violation of NRS 201.540 , 201.553 , 201.560 , 392.4633 or 394.366 made against him or her may continue to provide or supervise the provision of peer recovery support services and have regular and substantial contact with minors despite the report. Any such review must be conducted in a manner which does not discriminate against a person in violation of 42 U.S.C. §§ 2000e et seq.

5. If a process for review is established pursuant to subsection 4, an employee or independent contractor described in subsection 1 may request such a review in the manner established by the Division. Any determination made by the Division is final for purposes of judicial review.

6. During any period in which an employee or independent contractor seeks to correct information pursuant to subsection 3 or requests a review of information pursuant to subsection 5, it is within the discretion of the employer or person or entity who retained the independent contractor whether to allow the employee or independent contractor to continue to work for the employer, person or entity, as applicable, except that the employee or independent contractor shall not have regular and substantial contact with minors without supervision during such a period.

7. The Division shall adopt regulations to establish civil penalties to be imposed against any person or entity that fails to comply with the requirements of this section.

8. As used in this section, “ agency which provides child welfare services ” has the meaning ascribed to it in NRS 424.011 .
Nev. Rev. Stat. § 433B.3396 — NV Code / Title 39 / Chapter 433B / Section 433B.3396
Director of Department to appoint clinical teams; duties of clinical teams
Status: in_force

As part of the program established pursuant to NRS 433B.3393 , the Director of the Department shall appoint one or more clinical teams to:

1. Review each case of a child who: (a) Has been admitted to a hospital or mental health facility; (b) Has not been subject to abuse or neglect; and (c) Is at risk of the relinquishment of custody to an agency which provides child welfare services or the voluntary placement with a public or private institution or agency pursuant to NRS 432B.360 solely to allow the child to receive services for a mental illness or emotional disturbance.

2. Develop a plan of care for each child described in subsection 1 that outlines the services necessary to treat the mental illness or emotional disturbance of the child and prevent the relinquishment of custody or the voluntary placement of the child.

3. Arrange for the provision of: (a) Services necessary to stabilize the mental and physical health of the child for not more than 90 days while the plan of care is being developed. Such services may include, without limitation, intensive community-based services or placement in a residential facility. (b) The services prescribed in the plan of care developed pursuant to subsection 2.
Nev. Rev. Stat. § 435.442 — NV Code / Title 39 / Chapter 435 / Section 435.442
Training and education concerning sexual abuse
Status: in_force

The Division shall ensure that each facility to which a person with an intellectual disability or a person with a developmental disability is able to be admitted pursuant to this chapter provides:

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

2. Education to each person with an intellectual disability or person with a developmental disability that is admitted to the facility which: (a) Is appropriate with regard to the level of the person's intellectual and developmental abilities; and (b) Explains what sexual abuse is and how to report sexual abuse.
Nev. Rev. Stat. § 433.324 — NV Code / Title 39 / Chapter 433 / Section 433.324
Regulations
Status: in_force

1. The State Board of Health shall adopt regulations: (a) For the care and treatment of persons with mental illness, persons with substance use disorders or persons with co-occurring disorders by all state agencies and facilities, and their referral to private facilities, including, without limitation, regulations governing the procedure for the involuntary administration of medication to persons with mental illness; (b) To ensure continuity in the care and treatment provided to persons with mental illness, persons with substance use disorders or persons with co-occurring disorders in this State; and (c) Necessary for the proper and efficient operation of the facilities of the Division.

2. The State Board of Health may adopt regulations to promote programs relating to mental health, substance use disorders and co-occurring disorders.
Nev. Rev. Stat. § 433A.610 — NV Code / Title 39 / Chapter 433A / Section 433A.610
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 in a mental health crisis who is a minor or the spouse of a person in a mental health crisis, if of sufficient ability, and the estate of the person in a mental health crisis, if the estate is sufficient for the purpose, shall pay the cost of the maintenance for the person in a mental health crisis, 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. § 435.700 — NV Code / Title 39 / Chapter 435 / Section 435.700
Return of prescription drug to dispensing pharmacy for reissuance or transfer of drug; reissuance or transfer of drug by dispensing pharmacy; regulations
Status: in_force

1. A public or private facility offering services for persons with intellectual disabilities or persons with developmental disabilities may return a prescription drug that is dispensed to a patient of the facility, but will not be used by that patient, to the dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for patients in that facility or for the purpose of transferring the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676 if: (a) The drug is not a controlled substance; (b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle that is sealed by the manufacturer of the drug; (c) The drug is returned unopened and sealed in the original manufacturer's packaging or bottle; (d) The usefulness of the drug has not expired; (e) The packaging or bottle contains the expiration date of the usefulness of the drug; and (f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the return of the drug.

2. A dispensing pharmacy to which a drug is returned pursuant to this section may: (a) Reissue the drug to fill other prescriptions for patients in the same facility if the registered pharmacist of the pharmacy determines that the drug is suitable for that purpose in accordance with standards adopted by the State Board of Pharmacy pursuant to subsection 5; or (b) Transfer the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676 .

3. No drug that is returned to a dispensing pharmacy pursuant to this section may be used to fill other prescriptions more than one time.

4. A facility offering services for persons with intellectual disabilities or persons with developmental disabilities shall adopt written procedures for returning drugs to a dispensing pharmacy pursuant to this section. The procedures must: (a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted during their return. (b) Require the maintenance and retention of such records relating to the return of such drugs as are required by the State Board of Pharmacy. (c) Be approved by the State Board of Pharmacy.

5. The State Board of Pharmacy shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation, requirements for: (a) Returning and reissuing such drugs pursuant to the provisions of this section. (b) Transferring drugs to a nonprofit pharmacy pursuant to the provisions of this section and NRS 639.2676 . (c) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.
Nev. Rev. Stat. § 433B.330 — NV Code / Title 39 / Chapter 433B / Section 433B.330
Approval of admission upon application by parent or guardian
Status: in_force

In any case involving an application from the child's parent, parents or legal guardian, the child must first be examined and evaluated by the administrative officer or the staff of the administrative officer and admitted to a treatment facility only if, in the judgment of the administrative officer:

1. The child can benefit from the program of treatment; and

2. Facilities and staff are available and adequate to meet the child's needs.
Nev. Rev. Stat. § 433B.3394 — NV Code / Title 39 / Chapter 433B / Section 433B.3394
Duties of task force; duty of Department to adopt regulations
Status: in_force

1. The task force shall: (a) Prescribe procedures for conducting the review by a clinical team appointed pursuant to NRS 433B.3396 and the arrangement of the provision of services pursuant to that section; (b) Develop and carry out procedures to increase the availability of the services described in subsection 3 of NRS 433B.3396 throughout this State to allow children to receive those services in or near their homes; (c) Provide for outreach to and the education of parents and providers of mental health services concerning the services available through the program developed pursuant to NRS 433B.3393 ; and (d) Make recommendations to the Department concerning the adoption of any regulations necessary to carry out the provisions of NRS 433B.3392 to 433B.3398 , inclusive.

2. The Department of Health and Human Services shall adopt any regulations necessary to carry out the provisions of NRS 433B.3392 to 433B.3398 , inclusive, including, without limitation, regulations that set forth the manner in which the cost of providing services pursuant to NRS 433B.3396 will be paid. Those regulations must require the parent or guardian of a child to whom services are provided to use any insurance and otherwise contribute to the cost of such services to the extent of his or her ability.
Nev. Rev. Stat. § 433.625 — NV Code / Title 39 / Chapter 433 / Section 433.625
“Certificate” defined
Status: in_force

<Section effective on the date the Nevada Certification Board ceases certifying peer recovery support specialists or specialist supervisors.>

“ Certificate ” means a certificate issued by the Division that authorizes the holder to provide or supervise the provision of peer recovery support services, as applicable.
Nev. Rev. Stat. § 433B.339 — NV Code / Title 39 / Chapter 433B / Section 433B.339
Authority of mental health consortium to enter into contracts and accept gifts, grants and donations; establishment and administration of account for money of consortium
Status: in_force

1. A mental health consortium established by NRS 433B.333 may: (a) Enter into contracts and agreements to carry out the provisions of this section and NRS 433B.335 and 433B.337 ; and (b) Apply for and accept gifts, grants, donations and bequests from any source to carry out the provisions of this section and NRS 433B.335 and 433B.337 .

2. Any money collected pursuant to subsection 1: (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and (b) Except as otherwise provided by the terms of a specific gift, grant, donation or bequest, must only be expended, under the direction of the consortium which deposited the money, to carry out the provisions of this section and NRS 433B.335 and 433B.337 .

3. The Administrator shall administer the account maintained for each consortium.

4. Any interest or income earned on the money in an account maintained pursuant to this section must be credited to the account and does not revert to the State General Fund at the end of a fiscal year.

5. Any claims against an account maintained pursuant to this section must be paid as other claims against the State are paid.
Nev. Rev. Stat. § 433C.330 — NV Code / Title 39 / Chapter 433C / Section 433C.330
Claims for reimbursement
Status: in_force

1. Claims for state reimbursement shall be made in such form, at such times, and for such periods as the Administrator shall determine.

2. When certified by the Administrator, claims for state reimbursement shall be presented to the State Board of Examiners.
Nev. Rev. Stat. § 433C.230 — NV Code / Title 39 / Chapter 433C / Section 433C.230
Contract with hospital, clinic, laboratory or other institution
Status: in_force

The county director may, with the approval of a majority of the governing body, contract for services and facilities with any hospital, clinic, laboratory or other similar institution.
Nev. Rev. Stat. § 435.225 — NV Code / Title 39 / Chapter 435 / Section 435.225
Certificate required to provide services; application for issuance or renewal of certificate to include provision regarding preference for employment
Status: in_force

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

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

3. For the purpose of issuing a certificate pursuant to this section, if the qualifications of more than one applicant are equal, the Division shall give preference to the natural person who, or the nonprofit organization, state or local government or agency thereof that, will provide persons with intellectual disabilities or persons with developmental disabilities with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that is comparable to employment of persons without intellectual disabilities or persons without developmental disabilities.

4. Each application for the issuance or renewal of a certificate issued pursuant to this section must include a provision stating that employment is the preferred service option for all adults of working age.
Nev. Rev. Stat. § 433A.0175 — NV Code / Title 39 / Chapter 433A / Section 433A.0175
“Person in a mental health crisis” defined
Status: in_force

1. “ Person in a mental health crisis ” means any person: (a) Who has a mental illness; and (b) Whose capacity to exercise self-control, judgment and discretion in the conduct of the person's affairs and social relations or to care for his or her personal needs is diminished, as a result of the mental illness, to the extent that the person presents a substantial likelihood of serious harm to himself or herself or others, as determined pursuant to NRS 433A.0195 .

2. The term does not include any person in whom that capacity is diminished by epilepsy, intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or other substances, unless a mental illness that can be diagnosed is also present which contributes to the diminished capacity of the person.
Nev. Rev. Stat. § 433.533 — NV Code / Title 39 / Chapter 433 / Section 433.533
Document reflecting receipt of list of rights and explanation of rights
Status: in_force

Each facility shall, within a reasonable time after a consumer is admitted to the facility for evaluation, treatment or training, ask the consumer to sign a document that reflects that the consumer has received a list of the consumer's rights and has had those rights explained to him or her.
Nev. Rev. Stat. § 433B.150 — NV Code / Title 39 / Chapter 433B / Section 433B.150
Physicians: Employment; qualifications; compensation; duties
Status: in_force

1. The Division shall employ such physicians within the various division facilities as are necessary for the operation of the facilities. The physicians must hold degrees of doctor of medicine or doctor of osteopathic medicine from accredited medical schools and be licensed to practice medicine or osteopathic medicine in Nevada.

2. Except as otherwise provided by law, the only compensation allowed such a physician is an annual salary, fixed in accordance with the pay plan adopted pursuant to the provisions of NRS 284.175 .

3. The physicians shall perform such duties pertaining to the care and treatment of consumers as may be required.
Nev. Rev. Stat. § 433.144 — NV Code / Title 39 / Chapter 433 / Section 433.144
“Mental health center” defined
Status: in_force

“Mental health center” means any of the state comprehensive mental health centers, including rural clinics.
Nev. Rev. Stat. § 435.249 — NV Code / Title 39 / Chapter 435 / Section 435.249
Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate
Status: in_force

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

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

2. The Division shall reinstate a certificate that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .
Nev. Rev. Stat. § 433C.170 — NV Code / Title 39 / Chapter 433C / Section 433C.170
County board: Duties
Status: in_force

The county board shall:

1. Review and evaluate communities' needs, services, facilities and special problems in the fields of mental health, intellectual disabilities and developmental disabilities.

2. Advise the governing body as to programs of community mental health services and facilities and services to persons with intellectual disabilities and persons with developmental disabilities and, when requested by the governing body, make recommendation regarding the appointment of a county director.

3. After adoption of a program, continue to act in an advisory capacity to the county director.
Nev. Rev. Stat. § 433C.260 — NV Code / Title 39 / Chapter 433C / Section 433C.260
Reimbursement by State for expenditures by county
Status: in_force

Expenditures made by counties for county programs, including services to persons with intellectual disabilities or persons with developmental disabilities, pursuant to this chapter must be reimbursed by the State pursuant to NRS 433C.270 to 433C.350 , inclusive.
Nev. Rev. Stat. § 433.543 — NV Code / Title 39 / Chapter 433 / Section 433.543
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. § 433A.0172 — NV Code / Title 39 / Chapter 433A / Section 433A.0172
“Mental health crisis hold” defined
Status: in_force

“ Mental health crisis hold ” means the detention of a person alleged to be a person in a mental health crisis for transport, assessment, evaluation, intervention and treatment pursuant to NRS 433A.160 .
Nev. Rev. Stat. § 433.633 — NV Code / Title 39 / Chapter 433 / Section 433.633
Statement concerning obligation for child support required for issuance or renewal of certificate
Status: in_force

<Section effective on the date the Nevada Certification Board ceases certifying peer recovery support specialists or specialist supervisors. See notes for changes to this section effective under certain conditions.>

1. A person who applies for the issuance or renewal of a certificate must: (a) Include the social security number of the applicant in the application submitted to the Division. (b) Submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.

2. The Division shall include the statement required pursuant to subsection 1 in: (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or (b) A separate form prescribed by the Division.

3. A certificate may not be issued or renewed by the Division if the applicant: (a) Fails to submit the statement required pursuant to subsection 1; or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Nev. Rev. Stat. § 435.3305 — NV Code / Title 39 / Chapter 435 / Section 435.3305
Definitions
Status: in_force

As used in NRS 435.3305 to 435.339 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 435.331 and 435.3315 have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 433.627 — NV Code / Title 39 / Chapter 433 / Section 433.627
“Peer recovery support specialist” defined
Status: in_force

“ Peer recovery support specialist ” 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. The term does not include a peer recovery support specialist intern.
Nev. Rev. Stat. § 433A.620 — NV Code / Title 39 / Chapter 433A / Section 433A.620
Limitation on payment from estate of person admitted to facility
Status: in_force

Payment for the care, support, maintenance and other expenses of a person admitted to a division mental health facility shall not be exacted from such person's estate if there is a likelihood of such person's recovery or release from such facility and payment will reduce the person’s estate to such an extent that he or she is likely to become a burden on the community in the event of his or her discharge from such facility.
Nev. Rev. Stat. § 433.622 — NV Code / Title 39 / Chapter 433 / Section 433.622
Definitions
Status: in_force

As used in NRS 433.622 to 433.641 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 433.623 to 433.629 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 433C.190 — NV Code / Title 39 / Chapter 433C / Section 433C.190
County director: Duties
Status: in_force

The county director shall:

1. Serve as chief executive officer of the county program and be accountable to the county board.

2. Exercise administrative responsibility and authority over the county program and facilities furnished, operated or supported in connection therewith, and over services to persons with intellectual disabilities or persons with developmental disabilities, except as administrative responsibility is otherwise provided for in this title.

3. Recommend to the governing body, after consultation with the county board, the providing of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable to accomplish the purposes of this chapter.

4. Submit an annual report to the governing body reporting all activities of the program, including a financial accounting of expenditures and a forecast of anticipated needs for the ensuing year.

5. Carry on such studies as may be appropriate for the discharge of his or her duties, including the control and prevention of psychiatric disorders and the treatment of intellectual disabilities and developmental disabilities.
Nev. Rev. Stat. § 435.006 — NV Code / Title 39 / Chapter 435 / Section 435.006
Person’s legal rights; application of various provisions of chapter 433 of NRS and all of chapter 433A of NRS to persons with intellectual disabilities
Status: in_force

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

2. Unless the context clearly indicates otherwise, the provisions of NRS 433.545 to 433.551 , inclusive, and chapter 433A of NRS apply to all persons subject to the provisions of this chapter.
Nev. Rev. Stat. § 433.084 — NV Code / Title 39 / Chapter 433 / Section 433.084
“Division” defined
Status: in_force

“ Division ” means the Division of Public and Behavioral Health of the Department.
Nev. Rev. Stat. § 433.545 — NV Code / Title 39 / Chapter 433 / Section 433.545
Definitions
Status: in_force

As used in NRS 433.545 to 433.551 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 433.5453 to 433.548 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 435.585 — NV Code / Title 39 / Chapter 435 / Section 435.585
Right to information; inspection and copying of records
Status: in_force

1. A consumer or the consumer's legal guardian must be: (a) Permitted to inspect the consumer's records; and (b) Informed of the consumer's clinical status and progress at reasonable intervals of no longer than 3 months in a manner appropriate to his or her clinical condition.

2. Unless a psychiatrist has made a specific entry to the contrary in a consumer's records, a consumer or the consumer's legal guardian is entitled to obtain a copy of the consumer's records at any time upon notice to the administrative officer of the facility and payment of the cost of reproducing the records.
Nev. Rev. Stat. § 435.123 — NV Code / Title 39 / Chapter 435 / Section 435.123
Involuntary admission: Petition to district court; certificate of professional who examined person stating conclusions
Status: in_force

Whenever a person is alleged to be a person with an intellectual disability or a person with a developmental disability and is alleged to be a clear and present danger to himself or herself or others, the person's parent or guardian or another responsible person may initiate proceedings for his or her involuntary admission to an intellectual and developmental disability center by petitioning the district court of the county where the person resides. The petition must be accompanied by a certificate signed by a physician or licensed psychologist experienced in the diagnosis of intellectual disabilities or developmental disabilities, stating that he or she has examined the person within the preceding 30 days and has concluded that the person is a person with an intellectual disability or a person with a developmental disability, has demonstrated that the person is a clear and present danger to himself or herself or to others and is in need of institutional training and treatment.
Nev. Rev. Stat. § 435.336 — NV Code / Title 39 / Chapter 435 / Section 435.336
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 to enjoin any natural person, partnership, firm, corporation, association, state or local government or agency thereof from providing supported living arrangement services: (a) Without first obtaining a certificate from the Division; or (b) After the certificate has been revoked or suspended by the Division.

2. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, provide supported living arrangement services without a certificate.
Nev. Rev. Stat. § 435.020 — NV Code / Title 39 / Chapter 435 / Section 435.020
Children entitled to provision of support, education, care and transportation by county commissioners
Status: in_force

All children with intellectual disabilities and children with developmental disabilities are entitled to benefits under this section and NRS 435.010 and 435.030 :

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

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

3. If division facilities are to be utilized, whom the Division recognizes as proper subjects for services within such division facilities.
Nev. Rev. Stat. § 433.395 — NV Code / Title 39 / Chapter 433 / Section 433.395
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 mental illness.

2. The Administrator shall disburse any donations, gifts and grants received pursuant to this section to programs that provide services to persons with mental illness in a manner that supports the plan to coordinate services created by the Commission 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 mental illness 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. § 435.338 — NV Code / Title 39 / Chapter 435 / Section 435.338
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. § 433A.215 — NV Code / Title 39 / Chapter 433A / Section 433A.215
Application for writ of habeas corpus before initial hearing
Status: in_force

If an application for a writ of habeas corpus is made by, or on behalf of, a person in a mental health crisis or who is alleged to be a person in a mental health crisis before the initial hearing on a petition for the involuntary court-ordered admission of the person to a mental health facility, the court must conduct a hearing on the application as soon as practicable.
Nev. Rev. Stat. § 433B.310 — NV Code / Title 39 / Chapter 433B / Section 433B.310
Conditions for admission for treatment
Status: in_force

The Administrator may receive any child with an emotional disturbance for treatment in a treatment facility or any other division facility if the child is a resident of this State and if:

1. The child is committed by court order to the custody of the Administrator or to a division facility; or

2. The child's parent, parents or legal guardian makes application for treatment for the child.
Nev. Rev. Stat. § 433.4547 — NV Code / Title 39 / Chapter 433 / Section 433.4547
Construction
Status: in_force

1. To the extent possible, the provisions of the Interstate Compact on Mental Health are intended to supplement other statutory provisions governing the treatment and transfer of persons with mental illness and persons with intellectual disabilities and the return of such persons to their place of residence must be given effect to the extent that those provisions do not conflict with the provisions of the Compact.

2. Except as provided in subsection 3, if there is a conflict between the provisions of the Compact and any other provisions of NRS, the provisions of the Compact prevail.

3. Nothing in the Compact shall be construed to restrict any rights of a consumer as provided in NRS 433.456 to 433.536 , inclusive.
Nev. Rev. Stat. § 433.264 — NV Code / Title 39 / Chapter 433 / Section 433.264
Physicians: Employment; qualifications; compensation; duties
Status: in_force

1. Physicians shall be employed within the various division facilities as are necessary for the operation of the facilities. They shall hold degrees of doctor of medicine or doctor of osteopathic medicine from accredited medical schools and they shall be licensed to practice medicine or osteopathic medicine in Nevada as provided by law.

2. Except as otherwise provided by law, their only compensation shall be annual salaries, fixed in accordance with the pay plan adopted pursuant to the provisions of NRS 284.175 .

3. The physicians shall perform such duties pertaining to the care and treatment of consumers as may be required.
Nev. Rev. Stat. § 433A.690 — NV Code / Title 39 / Chapter 433A / Section 433A.690
Claim against estate of deceased consumer
Status: in_force

Claims by a division mental health facility against the estates of deceased consumers may be presented to the executor or Administrator in the manner required by law, and shall be paid as preferred claims equal to claims for expenses of last illness. When a deceased person has been maintained at a division mental health facility at a rate less than the maximum usually charged, or the facility has incurred other expenses for the benefit of the person for which full payment has not been made, the estate of the person shall be liable if the estate is discovered within 5 years after the person's death.
Nev. Rev. Stat. § 435.176 — NV Code / Title 39 / Chapter 435 / Section 435.176
“Jobs and day training services” defined
Status: in_force

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

1. Which are provided: (a) For compensation; (b) In a division facility or in the community; and (c) To a person with an intellectual disability or a person with a developmental disability who is served by the Division; and

2. Which are designed to assist the person in: (a) Learning or maintaining skills; (b) Succeeding in paid or unpaid employment; (c) Increasing self-sufficiency, including, without limitation, training and habilitation services; and (d) Contributing to the person's community.
Nev. Rev. Stat. § 433A.270 — NV Code / Title 39 / Chapter 433A / Section 433A.270
Right to counsel; compensation of counsel; recess; duties of district attorney
Status: in_force

1. The person alleged to be a person in a mental health crisis or any relative or friend on the person's behalf is entitled to retain counsel to represent the person in any proceeding before the district court relating to involuntary court-ordered admission, and if he or she fails or refuses to obtain counsel, the court must advise the person and the person's guardian or next of kin, if known, of such right to counsel and shall appoint counsel.

2. The court shall award any counsel appointed pursuant to subsection 1 compensation for his or her services in an amount determined by it to be fair and reasonable. The compensation must be charged against the estate of the person for whom the counsel was appointed or, if the person is indigent, against the county where the person alleged to be a person in a mental health crisis last resided.

3. The court shall, at the request of counsel representing the person alleged to be a person in a mental health crisis in proceedings before the court relating to involuntary court-ordered admission, grant a recess in the proceedings for the shortest time possible, but for not more than 5 days, to give the counsel an opportunity to prepare his or her case.

4. Each district attorney or his or her deputy shall appear and represent the State in all involuntary court-ordered admission proceedings in the district attorney's county. The district attorney is responsible for the presentation of evidence, if any, in support of the involuntary court-ordered admission of a person to a mental health facility in proceedings held pursuant to NRS 433A.200 and 433A.210 .
Nev. Rev. Stat. § 433A.430 — NV Code / Title 39 / Chapter 433A / Section 433A.430
Transfer to facility in other state: Examination; contract; objection to transfer; fee for examination
Status: in_force

1. Whenever the Administrator determines that division facilities within the State are inadequate for the care of any person in a mental health crisis, the Administrator may designate two physicians, licensed under the provisions of chapter 630 or 633 of NRS and familiar with the field of psychiatry, or advanced practice registered nurses who have the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 , to examine that person. If the two physicians or advanced practice registered nurses concur with the opinion of the Administrator, the Administrator may: (a) Transfer the person to a state that is a party to the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543 in the manner provided in the Compact; or (b) Contract with appropriate corresponding authorities in any other state of the United States that is not a party to the Compact and has adequate facilities for such purposes for the reception, detention, care or treatment of that person, but if the person in any manner objects to the transfer, the procedures in subsection 3 of NRS 433.484 and subsections 2 and 3 of NRS 433.534 must be followed. The two physicians or advanced practice registered nurses so designated are entitled to a reasonable fee for their services which must be paid by the county of the person's last known residence.

2. Money to carry out the provisions of this section must be provided by direct legislative appropriation.
Nev. Rev. Stat. § 435.245 — NV Code / Title 39 / Chapter 435 / Section 435.245
Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duties of Division
Status: in_force

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

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

2. The Division shall include the statement required pursuant to subsection 1 in: (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or (b) A separate form prescribed by the Division.

3. A certificate may not be issued or renewed by the Division if the applicant is a natural person who: (a) Fails to submit the statement required pursuant to subsection 1; or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Nev. Rev. Stat. § 433B.3393 — NV Code / Title 39 / Chapter 433B / Section 433B.3393
Establishment of task force to develop program; membership of task force; members serve without compensation; members employed by State or political subdivision
Status: in_force

1. The Director of the Department of Health and Human Services shall establish a task force to develop a program to prevent the relinquishment of custody of children who are not abused or neglected to an agency which provides child welfare services or the voluntary placement of such children with a public or private institution or agency pursuant to NRS 432B.360 solely to allow the children to receive services to address a mental illness or emotional disturbance. The Director shall appoint to the task force representatives of: (a) The Division of Child and Family Services of the Department; (b) The Aging and Disability Services Division of the Department; (c) The Division of Public and Behavioral Health of the Department; and (d) The Division of Health Care Financing and Policy of the Department.

2. In addition to the members appointed pursuant to subsection 1: (a) The Superintendent of Public Instruction shall appoint to the task force one representative of the Department of Education; and (b) The person in charge of each agency which provides child welfare services in a county whose population is 100,000 or more shall appoint to the task force one representative of the agency.

3. Each member of the task force serves without additional compensation and is not entitled to the per diem allowance and travel expenses provided for state officers and employees generally.

4. Each member of the task force who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the officer or employee may prepare for and attend meetings of the task force and perform any work necessary to carry out the duties of the task force in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the task force to make up the time the officer or employee is absent from work to carry out duties as a member of the task force or use annual vacation or compensatory time for the absence.
Nev. Rev. Stat. § 433B.331 — NV Code / Title 39 / Chapter 433B / Section 433B.331
Consultation with treating provider of health care when admitting to inpatient psychiatric treatment facility; coordination of care
Status: in_force

1. When admitting a child with an emotional disturbance who is subject to the jurisdiction of a juvenile court pursuant to chapter 432B of NRS to a public or private inpatient psychiatric treatment facility, the administrative officer of the facility or the staff of the administrative officer shall ask the person or entity having legal custody of the child if the child has a treating provider of health care. If the child has a treating provider of health care, the administrative officer or the staff of the administrative officer must make a reasonable effort to contact the treating provider of health care.

2. If the administrative officer of a public or private inpatient psychiatric treatment facility or the staff of the administrative officer is able to contact the treating provider of health care pursuant to subsection 1, the administrative officer or staff must make a reasonable effort to consult with and consider any input from the treating provider of health care concerning the care to be provided to the child, including, without limitation, the admission of the child.

3. If a child is admitted to a public or private inpatient psychiatric treatment facility, the administrative officer of the facility or the staff of the administrative officer must: (a) Ask the person or entity having legal custody of the child for consent and make a reasonable attempt to obtain the consent of the child to allow the facility to coordinate the care of the child with the treating provider of health care on an ongoing basis; and (b) Make a reasonable attempt to coordinate with all treating providers of health care of the child concerning a plan to discharge the child from the facility.

4. Failure of a person or entity having legal custody of a child or a child to provide consent pursuant to paragraph (a) of subsection 3 must not prevent a facility from coordinating the care of the child with the treating provider of health care of the child on an ongoing basis when necessary to protect or improve the health or welfare of the child.

5. As used in this section, “ treating provider of health care ” means, with respect to any child, a physician, a physician assistant who practices under the supervision of a psychiatrist, an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 or a psychologist who regularly provides mental or behavioral health treatment to the child.
Nev. Rev. Stat. § 433.744 — NV Code / Title 39 / Chapter 433 / Section 433.744
Requirements for regional, county, local or tribal plan for use of grant; authorized uses of grant money
Status: in_force

1. A plan for the use of grant money by a state, local or tribal governmental entity developed pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 433.740 must: (a) Establish policies and procedures for the administration and distribution of the grant money for which the governmental entity is applying; (b) Describe the projects to which the governmental entity is proposing to allocate grant money; and (c) Establish requirements governing the use of the grant money.

2. A plan for the use of grant money by a state, local or tribal governmental entity may allocate money pursuant to paragraph (b) of subsection 1 to: (a) Projects and programs to: (1) Expand access to evidence-based prevention of substance use disorders, early intervention for persons at risk of a substance use disorder, treatment for substance use disorders and support for persons in recovery from substance use disorders; (2) Reduce the incidence and severity of neonatal abstinence syndrome; (3) Prevent incidents of adverse childhood experiences and increase early intervention for children who have undergone adverse childhood experiences and the families of such children; (4) Reduce the harm caused by substance use; (5) Prevent and treat infectious diseases in persons with substance use disorders; (6) Provide services for children and other persons in a behavioral health crisis and the families of such persons; and (7) Provide housing for persons who have or are in recovery from substance use disorders; (b) Campaigns to educate and increase awareness of the public concerning substance use and substance use disorders; (c) Programs for persons involved in the criminal justice or juvenile justice system and the families of such persons, including, without limitation, programs that are administered by courts; (d) Evaluation of existing programs relating to substance use and substance use disorders; (e) Development of the workforce of providers of services relating to substance use and substance use disorders; (f) The collection and analysis of data relating to substance use and substance use disorders; and (g) Capital projects relating to substance use and substance use disorders, including, without limitation, construction, purchasing and remodeling.

3. The projects described in subsection 2 may include, without limitation, projects to maximize expenditures through federal, local and private matching contributions.
Nev. Rev. Stat. § 433.317 — NV Code / Title 39 / Chapter 433 / Section 433.317
Appointment of subcommittee on the mental health of children; duties; compensation to extent of available funding
Status: in_force

1. The Commission shall appoint a subcommittee on the mental health of children to review the findings and recommendations of each mental health consortium submitted pursuant to NRS 433B.335 and to create a statewide plan for the provision of mental health services to children.

2. The members of the subcommittee appointed pursuant to this section serve at the pleasure of the Commission. The members serve without compensation, except that each member is entitled, while engaged in the business of the subcommittee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.
Nev. Rev. Stat. § 433.359 — NV Code / Title 39 / Chapter 433 / Section 433.359
Grants for addressing disparities in behavioral health care and outcomes; selection of lead partner to ensure services supported by grant are provided equitably; establishment of advisory committee; report
Status: in_force

1. The Division may apply for grants available from the Federal Government and other sources which have the express purpose of addressing disparities in behavioral health care and behavioral health outcomes based on race, color, ancestry, national origin, disability, familial status, sex, sexual orientation, gender identity or expression, immigration status, primary language or income level.

2. To the extent authorized by the terms of a grant obtained pursuant to subsection 1, the Division may: (a) Use a competitive process to select and award a grant of money to a nonprofit organization to serve as a lead partner to ensure that services supported by a grant obtained pursuant to subsection 1 are funded and allocated in an equitable manner. The lead partner must: (1) Be based in the community to which the services are to be provided; and (2) Have demonstrated experience serving that community. (b) Establish and consult with an advisory committee to ensure that services supported by a grant obtained pursuant to subsection 1 are provided in a culturally competent manner. The advisory committee must be composed of representatives of nonprofit organizations that have demonstrated experience serving the community to which the services are to be provided.

3. On or before February 1 of each year, the Department shall: (a) Compile a report that includes, without limitation: (1) The amount of money allocated by the Department during the immediately preceding calendar year to support the provision of behavioral health services or other services to promote emotional well-being in communities with higher risk of behavioral health problems, decreased access to or usage of behavioral health services or worse behavioral health outcomes or emotional well-being than the general population based on race, color, ancestry, national origin, disability, familial status, sex, sexual orientation, gender identity or expression, immigration status, primary language or income level; (2) A description of the services described in subparagraph (1) that were provided during the immediately preceding calendar year and the efforts made by the Department during the immediately preceding calendar year to locate persons in need of such services and provide such services to those persons; (3) The number of persons who received the services described in subparagraph (1) and, to the extent available, information regarding the income level, age, race and ethnicity of those persons; and (4) Any community-based organizations with which the Department collaborated to provide those services; and (b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to: (1) In even-numbered years, the Legislative Commission and the Joint Interim Standing Committee on Health and Human Services; and (2) In odd-numbered years, the next regular session of the Legislature.
Nev. Rev. Stat. § 433A.440 — NV Code / Title 39 / Chapter 433A / Section 433A.440
Transfer of nonresident to state of residence
Status: in_force

1. If any person involuntarily court-admitted to any division facility pursuant to NRS 433A.310 is found by the court not to be a resident of this State and to be a resident of another state, the person may be transferred to the state of his or her residence pursuant to NRS 433.444 , and, if applicable, the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543 , if an appropriate institution of that state is willing to accept the person.

2. The approval of the Administrator of the Division of Public and Behavioral Health of the Department must be obtained before any transfer is made pursuant to subsection 1.
Nev. Rev. Stat. § 435.227 — NV Code / Title 39 / Chapter 435 / Section 435.227
Conditions of certification
Status: in_force

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

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

2. Submit to the Division any financial documents and statements requested by the Division for the purpose of evaluating the financial solvency of the partnership, firm, corporation or association.
Nev. Rev. Stat. § 433.736 — NV Code / Title 39 / Chapter 433 / Section 433.736
Requirements and procedure for statewide needs assessment
Status: in_force

1. A statewide needs assessment conducted by the Department, in consultation with the Office, pursuant to paragraph (a) of subsection 1 of NRS 433.734 must: (a) Be evidence-based and use information from damages reports created by experts as part of the litigation described in subsection 1 of NRS 433.732 . (b) Include an analysis of the impacts of opioid use and opioid use disorder on this State that uses quantitative and qualitative data concerning this State and the regions, counties and Native American tribes in this State 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 this State. (c) Focus on health equity and identifying disparities across all racial and ethnic populations, geographic regions and special populations in this State. (d) Take into account the resources of state, regional, local and tribal agencies and nonprofit organizations, including, without limitation, any money recovered or anticipated to be recovered by county, local or tribal governmental agencies through judgments or settlements resulting from litigation concerning the manufacture, distribution, sale or marketing of opioids, and the programs currently existing in each geographic region of this State 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 described in subsection 1 of NRS 433.732 . Such priorities must include, without limitation, priorities related to the prevention of overdoses, addressing disparities in access to health care and the prevention of substance use among youth.

2. When conducting a needs assessment, the Department, in consultation with the Office, 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 who interact with persons or groups impacted by the use of opioids, opioid use disorder and other substance use disorders, including, without limitation: (1) The Office of the Attorney General, the Department of Public Safety, the Department of Corrections, 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. § 433.702 — NV Code / Title 39 / Chapter 433 / Section 433.702
“National Suicide Prevention Lifeline program” defined
Status: in_force

As used in NRS 433.702 to 433.710 , inclusive, unless the context otherwise requires, “ National Suicide Prevention Lifeline program ” means the National Suicide Prevention Lifeline program established by 42 U.S.C. § 290bb-36c .
Nev. Rev. Stat. § 433.318 — NV Code / Title 39 / Chapter 433 / Section 433.318
Appointment of subcommittee or advisory committee; member qualifications; duties; compensation to extent of available funding
Status: in_force

1. The Commission may appoint a subcommittee or an advisory committee composed of members who have experience and knowledge of matters relating to persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders and who, to the extent practicable, represent the ethnic and geographic diversity of this State.

2. A subcommittee or advisory committee appointed pursuant to this section shall consider specific issues and advise the Commission on matters related to the duties of the Commission.

3. The members of a subcommittee or advisory committee appointed pursuant to this section serve at the pleasure of the Commission. The members serve without compensation, except that each member is entitled, while engaged in the business of the subcommittee or advisory committee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.
Nev. Rev. Stat. § 433.364 — NV Code / Title 39 / Chapter 433 / Section 433.364
Involuntary court-ordered admission to private institution not precluded
Status: in_force

Nothing in chapters 433 to 433C, inclusive, of NRS precludes the involuntary court-ordered admission of a person with mental illness to a private institution where such admission is authorized by law.
Nev. Rev. Stat. § 433C.300 — NV Code / Title 39 / Chapter 433C / Section 433C.300
Amount of reimbursement; disbursements through Division
Status: in_force

1. Money provided by direct legislative appropriation for purposes of reimbursement as provided by NRS 433C.260 to 433C.290 , inclusive, must be allotted to the governing body as follows: (a) The State shall pay to each county a sum equal to 90 percent of the total proposed expenditures as reflected by the plan of proposed expenditures submitted pursuant to NRS 433C.280 if the county has complied with the provisions of paragraph (b). (b) Before payment under this subsection, the governing body of a county must submit evidence to the Administrator that 10 percent of the total proposed expenditures have been raised and budgeted by the county for the establishment or maintenance of a county program.

2. All state and federal moneys appropriated or authorized for the promotion of mental health or for services to persons with intellectual disabilities or persons with developmental disabilities in the State of Nevada must be disbursed through the Division in accordance with the provisions of this chapter and rules and regulations adopted in accordance therewith.
Nev. Rev. Stat. § 433C.140 — NV Code / Title 39 / Chapter 433C / Section 433C.140
Administration by Division; standards and regulations governing county programs
Status: in_force

The Division shall, subject to the supervision of the Commission, administer this chapter. The Commission shall adopt guidelines for county programs and regulations necessary thereto, but these standards and regulations must be adopted only after consultation with and approval of the county director of each program being so administered. These standards and regulations must support and maximize local responsibility for and control of county programs within the framework of general guidelines.
Nev. Rev. Stat. § 433B.337 — NV Code / Title 39 / Chapter 433B / Section 433B.337
Authority of mental health consortium to carry out certain activities concerning long-term strategic plan; coordination with Department
Status: in_force

1. A mental health consortium established by NRS 433B.333 may: (a) Participate in activities within the jurisdiction of the consortium to: (1) Implement the provisions of the long-term strategic plan established by the consortium pursuant to NRS 433B.335 ; and (2) Improve the provision of mental health services to children with emotional disturbance and their families, including, without limitation, advertising the availability of mental health services and carrying out a demonstration project relating to mental health services. (b) Take other action to carry out its duties set forth in this section and NRS 433B.335 and 433B.339 .

2. To the extent practicable, a mental health consortium shall coordinate with the Department to avoid duplicating or contradicting the efforts of the Department to provide mental health services to children with emotional disturbance and their families.
Nev. Rev. Stat. § 433.2335 — NV Code / Title 39 / Chapter 433 / Section 433.2335
Hours of operation for mobile units
Status: in_force

If a division facility provides mental health services using a mobile unit in a county whose population is 100,000 or more, the mobile unit must be available to provide such services from 8 a.m. or earlier to 12 a.m. or later, 7 days a week, including holidays.
Nev. Rev. Stat. § 435.179 — NV Code / Title 39 / Chapter 435 / Section 435.179
“Nonprofit organization” defined
Status: in_force

“ Nonprofit organization ” means a partnership, firm, corporation or association that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) .
Nev. Rev. Stat. § 435.440 — NV Code / Title 39 / Chapter 435 / Section 435.440
Adoption of regulations concerning consumers
Status: in_force

The Division may adopt regulations:

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

2. To specify the circumstances under which a consumer is eligible to receive services from the Division pursuant to this chapter, including, but not limited to, care, treatment and training. Regulations adopted pursuant to this subsection must specify that a consumer is eligible to receive services only if the consumer: (a) Has a documented diagnosis of a mental disorder based on the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and (b) Except as otherwise provided in the regulations adopted pursuant to subsection 3, is not eligible to receive services through another public or private entity.

3. To specify the circumstances under which the provisions of paragraph (b) of subsection 2 do not apply, including, without limitation, when the copay or other payment required to obtain services through another public or private entity is prohibitively high.

4. To establish policies and procedures for the referral of each consumer who needs services that the Division is unable to provide to the most appropriate organization or resource who is able to provide the needed services to that consumer.
Nev. Rev. Stat. § 433A.341 — NV Code / Title 39 / Chapter 433A / Section 433A.341
Testimony
Status: in_force

1. In proceedings for assisted outpatient treatment, the court shall hear and consider all relevant testimony, including, without limitation: (a) The testimony of the person who made a sworn statement or declaration pursuant to paragraph (a) of subsection 4 of NRS 433A.335 , any personnel of the Division responsible for a clinical determination made pursuant to subparagraph (3) of paragraph (b) of subsection 2 of NRS 433A.335 or the person or entity responsible for the decision to submit a petition pursuant to NRS 433A.345 , as applicable; (b) The testimony of any supporter or legal guardian of the person who is the subject of the proceedings, if that person wishes to testify; and (c) If the proposed written treatment plan submitted pursuant to NRS 433A.337 recommends medication and the person who is the subject of the petition or motion objects to the recommendation, the testimony of the person professionally qualified in the field of psychiatric mental health who prescribed the recommendation.

2. The court may consider testimony relating to any past actions of the person who is the subject of the petition or motion if such testimony is probative of the question of whether the person currently meets the criteria prescribed by subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345 , as applicable.
Nev. Rev. Stat. § 435.500 — NV Code / Title 39 / Chapter 435 / Section 435.500
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.

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. § 433A.630 — NV Code / Title 39 / Chapter 433A / Section 433A.630
Special agreement for support of consumer adjudicated incapacitated; advance payments
Status: in_force

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

2. Financially responsible relatives pursuant to NRS 433A.610 and the guardian of the estate of a consumer may, from time to time, pay money to the division facility for the future personal needs of the consumer who is incapacitated and for the consumer's burial expenses. Money paid pursuant to this subsection must be credited to the consumer in the consumers' personal deposit fund established pursuant to NRS 433.539 .
Nev. Rev. Stat. § 433C.350 — NV Code / Title 39 / Chapter 433C / Section 433C.350
Nevada Conference of County Community Mental Health Programs: Establishment; organization; meetings; purposes
Status: in_force

1. There is hereby established the Nevada Conference of County Community Mental Health Programs. The Division shall take appropriate steps to effectuate the establishment of the Conference as provided in this section.

2. The voting membership of the Conference shall consist of the county director of each county program and one member of the county board of each county program to be chosen by such board. The nonvoting membership of the Conference shall consist of the Administrator and such other employees of the Division as the Administrator shall designate, but such employees shall be not less than two nor more than 15 in number.

3. A scheduled meeting of the Conference shall be convened at least once every 6 months. A nonscheduled meeting shall be convened upon the request of two-thirds of the voting membership. Meetings shall be called and chaired by the Administrator or the Administrator’s official designee.

4. The Conference may organize itself in such manner and adopt such procedures as it deems appropriate.

5. The purpose of the Conference is to serve as an organized forum for the discussion of the following matters: (a) Recommendations for rules of the Division to implement this chapter as provided in NRS 433C.140 ; (b) Coordination and integration of county program services and state services; and (c) Such other matters as members may bring before the Conference in connection with county programs or the relationship between county programs and the Division.

6. A resolution, proclamation, recommendation or similar pronouncement of the Conference does not have any legal effect.
Nev. Rev. Stat. § 433A.100 — NV Code / Title 39 / Chapter 433A / Section 433A.100
Gift accounts in Department of Health and Human Services' Gift Fund; sale or exchange of gifts of property
Status: in_force

1. A gift account in the Department of Health and Human Services' Gift Fund is hereby created for each division facility, and all gifts of money which the Division is authorized to accept for the respective facilities must be deposited in the State Treasury to the credit of the appropriate account. Amounts in the accounts must be used for division mental health facility purposes only and expended in accordance with the terms of the gift. All claims must be approved by the administrative officer before they are paid.

2. Gifts of property, other than money, may be sold or exchanged when it is deemed by the administrative officer and the Administrator to be in the best interest of the division mental health facility. The sale price must be not less than 90 percent of the value determined by a qualified appraiser appointed by the administrative officer. All money realized from the sale must be deposited in the State Treasury to the credit of the appropriate account and must be spent for division mental health facility purposes only.
Nev. Rev. Stat. § 433B.240 — NV Code / Title 39 / Chapter 433B / Section 433B.240
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 the facility before they are paid.
Nev. Rev. Stat. § 435.410 — NV Code / Title 39 / Chapter 435 / Section 435.410
Administration of facilities of Division
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. § 435.510 — NV Code / Title 39 / Chapter 435 / Section 435.510
Determination of residence
Status: in_force

For the purposes of this chapter, the residence of a person is:

1. The domicile of such person;

2. If the domicile of the person cannot be ascertained, the place where the person was last employed; or

3. If the domicile of the person cannot be ascertained and he or she is not or was not employed, the place where the person made his or her home or headquarters.
Nev. Rev. Stat. § 435.380 — NV Code / Title 39 / Chapter 435 / Section 435.380
Intellectual and Developmental Disability Gift Account
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 those provisions, the Division must spend the money for the purpose approved by the Interim Finance Committee.

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

3. All claims must be approved by the Administrator before they are paid.
Nev. Rev. Stat. § 433A.120 — NV Code / Title 39 / Chapter 433A / Section 433A.120
Types of admission
Status: in_force

There are three types of admission to mental health facilities in the State of Nevada:

1. Voluntary admission;

2. Emergency admission; and

3. Involuntary court-ordered admission.
Nev. Rev. Stat. § 433A.660 — NV Code / Title 39 / Chapter 433A / Section 433A.660
Collection of fees by legal action and other methods
Status: in_force

1. If the consumer, his or her responsible relative pursuant to NRS 433A.610 , guardian or the estate neglects or refuses to pay the cost of treatment to the division facility or to the person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment operated by the Division rendering service pursuant to the fee schedule established under NRS 433.404 or 433B.250 , as appropriate, the State is entitled to recover by appropriate legal action all sums due, plus interest.

2. Before initiating such legal action, the division facility or person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment, as applicable, shall demonstrate efforts at collection, which may include contractual arrangements for collection through a private collection agency.
Nev. Rev. Stat. § 433A.345 — NV Code / Title 39 / Chapter 433A / Section 433A.345
Petition to renew order for assisted outpatient treatment; service; hearing
Status: in_force

1. Not later than 7 judicial days before the end of a period of assisted outpatient treatment ordered by a court pursuant to NRS 433A.343 , the Administrator or his or her designee, the medical director of a division facility through which the person who is the subject of the order is receiving assisted outpatient treatment or his or her designee or another person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment may petition to renew the order for assisted outpatient treatment for an additional period that does not exceed 6 months. The petition for renewal must allege that: (a) Because of his or her mental illness, the person to be treated 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; and (b) Assisted outpatient treatment is the least restrictive appropriate means to prevent further disability or deterioration that would result in the person to be treated becoming a person in a mental health crisis.

2. A copy of a petition filed pursuant to subsection 1 must be served upon the person who is the subject of the petition or his or her counsel and, if applicable, his or her legal guardian.

3. Upon receiving a petition filed pursuant to subsection 1, the court shall schedule a hearing on the petition pursuant to NRS 433A.336 . If the order for assisted outpatient treatment that is effective at the time of the petition is scheduled to expire before the hearing, the order is extended and remains in effect until the date of the hearing.
Nev. Rev. Stat. § 435.520 — NV Code / Title 39 / Chapter 435 / Section 435.520
Expenses of returning consumer to legal residence
Status: in_force

1. All expenses incurred for the purpose of returning a consumer to the state in which the consumer has a legal residence shall be paid from the moneys of the consumer or by the relatives or other persons responsible for the consumer's care and treatment under his or her commitment or admission.

2. In the case of indigent consumers whose relatives cannot pay the costs and expenses of returning such consumers to the state in which they have residence, the costs may be assumed by the State. These costs must be advanced from moneys appropriated for the general support of the division facility wherein the consumer was receiving care, treatment or training, if such consumer was committed to a division facility at the time of the transfer, and must be paid out on claims as other claims against the State are paid.
Nev. Rev. Stat. § 433.209 — NV Code / Title 39 / Chapter 433 / Section 433.209
“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 the State of Nevada 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;

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. § 433.428 — NV Code / Title 39 / Chapter 433 / Section 433.428
Designation of behavioral health regions
Status: in_force

Five behavioral health regions are hereby created as follows:

1. The Northern Behavioral Health Region consisting of Carson City and the counties of Churchill, Douglas, Lyon and Storey;

2. The Washoe Behavioral Health Region consisting of the county of Washoe;

3. The Rural Behavioral Health Region consisting of the counties of Elko, Eureka, Humboldt, Lander, Pershing and White Pine;

4. The Southern Behavioral Health Region consisting of the counties of Esmeralda, Lincoln and Mineral and the portion of the county of Nye that is north of the 38th parallel of north latitude; and

5. The Clark Behavioral Health Region consisting of the county of Clark and the portion of the county of Nye that is south of the 38th parallel of north latitude.
Nev. Rev. Stat. § 435.525 — NV Code / Title 39 / Chapter 435 / Section 435.525
Compliance with reciprocal agreements; acceptance for admission to division facility
Status: in_force

The Administrator shall:

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

2. Accept for admission to a division facility any resident child of this State for whom written permission for return and admission to a division facility was given by the Administrator pursuant to NRS 435.515 .
Nev. Rev. Stat. § 433A.013 — NV Code / Title 39 / Chapter 433A / Section 433A.013
“Administrator” defined
Status: in_force

“Administrator” means:

1. Except as otherwise provided in subsection 2, the Administrator of the Division of Public and Behavioral Health of the Department.

2. Regarding the provision of services for the mental health of children pursuant to chapter 433B of NRS , the Administrator of the Division of Child and Family Services of the Department.
Nev. Rev. Stat. § 433A.0192 — NV Code / Title 39 / Chapter 433A / Section 433A.0192
“Supporter” defined
Status: in_force

“Supporter” has the meaning ascribed to it in NRS 162C.090 .
Nev. Rev. Stat. § 433B.110 — NV Code / Title 39 / Chapter 433B / Section 433B.110
Designation of division facilities
Status: in_force

1. The division facilities providing services for the mental health of children are designated as: (a) The Nevada Youth Hospital; (b) The Adolescent Treatment Center; (c) Northern Nevada Children's Behavioral Services; and (d) Southern Nevada Children's Behavioral Services.

2. Division facilities established after July 1, 1993, must be named by the Administrator, subject to the approval of the Director of the Department.
Nev. Rev. Stat. § 433.464 — NV Code / Title 39 / Chapter 433 / Section 433.464
Right to habeas corpus unimpaired
Status: in_force

The provisions of chapters 433 to 433C, inclusive, of NRS do 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.337 — NV Code / Title 39 / Chapter 433A / Section 433A.337
Written treatment plan
Status: in_force

1. Before the date of a hearing on a petition or motion for assisted outpatient treatment, the person who made the sworn statement or declaration pursuant to paragraph (a) of subsection 4 of NRS 433A.335 , the personnel of the Division who made the clinical determination concerning the appropriateness of assisted outpatient treatment pursuant to subparagraph (3) of paragraph (b) of subsection 2 of NRS 433A.335 or the person or entity who submitted the petition pursuant to NRS 433A.345 , as applicable, shall submit to the court a proposed written treatment plan created by a person professionally qualified in the field of psychiatric mental health who is familiar with the person who is the subject of the petition or motion, as applicable. The proposed written treatment plan must set forth: (a) The services and treatment recommended for the person who is the subject of the petition or motion; and (b) The person who will provide such services and treatment and his or her qualifications.

2. Services and treatment set forth in a proposed written treatment plan must include, without limitation: (a) Case management services to coordinate the assisted outpatient treatment recommended pursuant to paragraph (b); and (b) Assisted outpatient treatment which may include, without limitation: (1) Medication; (2) Periodic blood or urine testing to determine whether the person is receiving such medication; (3) Individual or group therapy; (4) Full-day or partial-day programming activities; (5) Educational activities; (6) Vocational training; (7) Treatment and counseling for a substance use disorder; (8) If the person has a history of substance use, periodic blood or urine testing for the presence of alcohol or other recreational drugs; (9) Supervised living arrangements; and (10) Any other services determined necessary to treat the mental illness of the person, assist the person in living or functioning in the community or prevent a deterioration of the mental or physical condition of the person.

3. A person professionally qualified in the field of psychiatric mental health who is creating a proposed written treatment plan pursuant to subsection 1 shall: (a) Consider any wishes expressed by the person who is to be treated in an advance directive for psychiatric care executed pursuant to NRS 449A.600 to 449A.645 , inclusive; and (b) Consult with the person who is to be treated, any providers of health care who are currently treating the person, any supporter or legal guardian of the person, and, upon the request of the person, any other person concerned with his or her welfare, including, without limitation, a relative or friend.

4. If a proposed written treatment plan includes medication, the plan must specify the type and class of the medication and state whether the medication is to be self-administered or administered by a specific provider of health care. A proposed written treatment plan must not recommend the use of physical force or restraints to administer medication.

5. If a proposed written treatment plan includes periodic blood or urine testing for the presence of alcohol or other recreational drugs, the plan must set forth sufficient facts to support a clinical determination that the person who is to be treated has a history of substance use disorder.

6. If the person who is to be treated has executed an advance directive for psychiatric care pursuant to NRS 449A.600 to 449A.645 , inclusive, a copy of the advance directive must be attached to the proposed written treatment plan.

7. As used in this section, “ provider of health care ” has the meaning ascribed to it in NRS 629.031 .
Nev. Rev. Stat. § 433A.350 — NV Code / Title 39 / Chapter 433A / Section 433A.350
Information to be furnished to consumer upon admission to facility or assisted outpatient treatment
Status: in_force

1. Upon admission to any public or private mental health facility or to assisted outpatient treatment, each consumer and the consumer's spouse and legal guardian, if any, must receive a written statement outlining in simple, nontechnical language all procedures for release provided by this chapter, setting out all rights accorded to such a consumer by this chapter and chapters 433 and 433B of NRS and, if the consumer has no legal guardian, describing procedures provided by law for adjudication of incapacity and appointment of a guardian for the consumer.

2. Written information regarding the services provided by and means of contacting the local office of an agency or organization that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of persons in a mental health crisis must be posted in each public and private mental health facility and in each location in which assisted outpatient treatment is provided and must be provided to each consumer upon admission.
Nev. Rev. Stat. § 435.009 — NV Code / Title 39 / Chapter 435 / Section 435.009
Policy concerning persons with intellectual disabilities and developmental disabilities
Status: in_force

It is the policy of this State that persons with intellectual disabilities and persons with developmental disabilities:

1. Receive services in a considerate and respectful manner;

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

3. Are to be referred to using language which is commonly viewed as respectful and which refers to the person before referring to his or her disability.
Nev. Rev. Stat. § 435.121 — NV Code / Title 39 / Chapter 435 / Section 435.121
Types of admission; forms for admission
Status: in_force

1. There are two types of admissions of persons with intellectual disabilities or persons with developmental disabilities to an intellectual and developmental disability center: (a) Voluntary admission. (b) Involuntary admission.

2. An application for admission of a person with an intellectual disability or a person with a developmental disability to an intellectual and developmental disability center must be made on a form approved by the Division and the Attorney General. The clerk of each district court in the State shall make the forms available to any person upon request.
Nev. Rev. Stat. § 433A.420 — NV Code / Title 39 / Chapter 433A / Section 433A.420
Transfer to hospital of Department of Veterans Affairs or other facility; duties of medical director and Commission upon objection of consumer
Status: in_force

The medical director of a division facility may order the transfer to a hospital of the Department of Veterans Affairs or other facility of the United States Government any admitted consumer eligible for treatment therein. If the consumer in any manner objects to the transfer, the medical director of the facility shall enter the objection and a written justification of the transfer in the consumer's record and forward a notice of the objection to the Administrator, and the Commission shall review the transfer pursuant to subsections 2 and 3 of NRS 433.534 .
Nev. Rev. Stat. § 433B.045 — NV Code / Title 39 / Chapter 433B / Section 433B.045
“Child with an emotional disturbance” defined
Status: in_force

“Child with an emotional disturbance” means a child whose progressive development of personality is interfered with or arrested by mental disorder so that the child shows impairment in the capacity expected of the child for his or her age and endowment for:

1. A reasonably accurate perception of the world around him or her;

2. Control of his or her impulses;

3. Satisfying and satisfactory relationships with others;

4. Learning; or

5. Any combination of these factors.
Nev. Rev. Stat. § 435.337 — NV Code / Title 39 / Chapter 435 / Section 435.337
Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duties of Division
Status: in_force

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

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

2. The Division shall include the statement required pursuant to subsection 1 in: (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or (b) A separate form prescribed by the Division.

3. A certificate may not be issued or renewed by the Division if the applicant is a natural person who: (a) Fails to submit the statement required pursuant to subsection 1; or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Nev. Rev. Stat. § 433A.012 — NV Code / Title 39 / Chapter 433A / Section 433A.012
“Administrative officer” defined
Status: in_force

“ Administrative officer ” means a person with overall executive and administrative responsibility for those state or nonstate facilities for mental health designated by the Administrator.
Nev. Rev. Stat. § 435.120 — NV Code / Title 39 / Chapter 435 / Section 435.120
Disposition of money collected by Division
Status: in_force

Any money collected by the Division under NRS 435.060 to 435.110 , inclusive, must be deposited in the State Treasury, accounted for separately by the Division and must be expended for the augmentation of the intellectual disability residential placement function, in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245 , inclusive.
Nev. Rev. Stat. § 433.484 — NV Code / Title 39 / Chapter 433 / Section 433.484
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 has the capacity 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 mentally incompetent; (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 of Public and Behavioral Health of the Department 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 shall review the transfer pursuant to subsection 3 of NRS 433.534 .

4. Other rights concerning care, treatment and training as may be specified by regulation of the Commission.
Nev. Rev. Stat. § 433A.230 — NV Code / Title 39 / Chapter 433A / Section 433A.230
Bond of petitioner
Status: in_force

The court in its discretion may require any petitioner under NRS 433A.200 , except any officer authorized to make arrests in the State of Nevada, to file an undertaking with surety to be approved by the court in the amount the court deems proper, conditioned to save harmless the person alleged to be a person in a mental health crisis by reason of costs incurred, including attorney fees, if any, and damages suffered by the person as a result of such action.
Nev. Rev. Stat. § 435.710 — NV Code / Title 39 / Chapter 435 / Section 435.710
Transfer of nonresident to state of residence
Status: in_force

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

2. The approval of the Administrator must be obtained before any transfer is made pursuant to subsection 1.
Nev. Rev. Stat. § 433.3315 — NV Code / Title 39 / Chapter 433 / Section 433.3315
Adoption of regulations concerning consumers
Status: in_force

The Division shall adopt regulations:

1. To define the term “consumer” for the purposes of chapters 433 to 433C, inclusive, of NRS.

2. To specify the circumstances under which a consumer is eligible to receive services from the Division pursuant to chapters 433 to 433C, inclusive, of NRS, including, but not limited to, care, treatment, treatment to competency and training. Regulations adopted pursuant to this subsection must: (a) Prescribe a system to categorize a recipient of community-based living arrangement services by the scope of services needed by the recipient; and (b) Specify that a consumer is eligible to receive services only if the consumer: (1) Has a documented diagnosis of a mental disorder based on the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and (2) Except as otherwise provided in the regulations adopted pursuant to subsection 3, is not eligible to receive services through another public or private entity.

3. To specify the circumstances under which the provisions of subparagraph (2) of paragraph (b) of subsection 2 do not apply, including, without limitation, when the copay or other payment required to obtain services through another public or private entity is prohibitively high.

4. To establish policies and procedures for the referral of each consumer who needs services that the Division is unable to provide to the most appropriate organization or resource who is able to provide the needed services to that consumer.

5. To establish procedures by which a recipient of community-based living arrangement services with which the Division has entered into a contract may appeal a decision of the Division concerning eligibility for or authorization of services.

6. As used in this section, “community-based living arrangement services” has the meaning ascribed to it in NRS 449.0026 .
Nev. Rev. Stat. § 433.5486 — NV Code / Title 39 / Chapter 433 / Section 433.5486
Use of physical, mechanical or chemical restraint on consumer by facility authorized in certain circumstances
Status: in_force

Notwithstanding the provisions of NRS 433.549 to 433.5503 , inclusive, to the contrary, a facility may use or authorize the use of physical restraint, mechanical restraint or chemical restraint on a person with a disability who is a consumer if the facility is:

1. Accredited by a nationally recognized accreditation association or agency; or

2. Certified for participation in the Medicaid or Medicare Program,

only to the extent that the accreditation or certification allows the use of such restraint.
Nev. Rev. Stat. § 435.060 — NV Code / Title 39 / Chapter 435 / Section 435.060
Operation of facilities by Division
Status: in_force

The Division may operate a residential facility for groups to care for and maintain persons with intellectual disabilities or persons with developmental disabilities until such a person is able to reside in an appropriate community-based setting that is not a facility.
Nev. Rev. Stat. § 435.235 — NV Code / Title 39 / Chapter 435 / Section 435.235
Division authorized to conduct investigations; employment of personnel
Status: in_force

The Division may:

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

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

3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 435.130 to 435.310 , inclusive.
Nev. Rev. Stat. § 433B.340 — NV Code / Title 39 / Chapter 433B / Section 433B.340
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 the Division or other person who: (a) Has reason to believe that a consumer has been or is being abused or neglected and fails to report it; (b) Brings intoxicating beverages or a controlled substance into any building 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.

2. An employee of the Division or other person who willfully abuses or neglects any consumer: (a) If no substantial bodily harm to the consumer results, is guilty of a gross misdemeanor. (b) If substantial bodily harm to the consumer results, is guilty of a category B felony and 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 he or she is an officer or employee of the State, the person forfeits his or her office or position.

4. For the purposes of this section: (a) “ Abuse ” means any willful or reckless act or omission to act which causes physical or mental injury to a consumer, including, but not limited to: (1) The rape, sexual assault or sexual exploitation of the consumer; (2) Striking the consumer; (3) The use of excessive force when placing the consumer in physical restraints; and (4) The use of physical or chemical restraints in violation of state or federal law. Any act or omission to act which meets the standard practice for care and treatment does not constitute abuse. (b) “ Neglect ” means any act or 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: (1) Establish or carry out an appropriate plan of treatment for the consumer; (2) Provide the consumer with adequate nutrition, clothing or health care; and (3) Provide a safe environment for the consumer. Any act or omission to act which meets the standard practice for care and treatment does not constitute neglect. (c) “Standard practice” is the skill and care ordinarily exercised by prudent medical personnel.
Nev. Rev. Stat. § 433A.338 — NV Code / Title 39 / Chapter 433A / Section 433A.338
Right to counsel; compensation of counsel; recess; continuation of representation by counsel during assisted outpatient treatment
Status: in_force

1. The person who is the subject of a petition filed or motion made pursuant to NRS 433A.335 or 433A.345 or any relative or friend on the person's behalf is entitled to retain counsel to represent the person in any proceeding before the district court relating to assisted outpatient treatment. If he or she fails or refuses to obtain counsel, the court must advise the person and his or her guardian or next of kin, if known, of such right to counsel and must appoint counsel, who may be the public defender or his or her deputy. The person must be represented by counsel at all stages of the proceedings.

2. The court shall award compensation to any counsel appointed pursuant to subsection 1 for his or her services in an amount determined by the court to be fair and reasonable. The compensation must be charged against the estate of the person for whom the counsel was appointed or, if the person is indigent, against the county where the person who is the subject of the petition or motion last resided.

3. The court shall, at the request of counsel representing the subject of the petition or motion in proceedings before the court relating to assisted outpatient treatment, grant a recess in the proceedings for the shortest time possible, but for not more than 7 days, to give the counsel an opportunity to prepare his or her case.

4. If the person who is the subject of the petition or motion is ordered to receive assisted outpatient treatment, counsel must continue to represent the person until the person is released from the program. The court shall serve notice upon such counsel of any action that is taken involving the person while the person is required by the order to receive assisted outpatient treatment.
Nev. Rev. Stat. § 433.531 — NV Code / Title 39 / Chapter 433 / Section 433.531
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. § 433A.650 — NV Code / Title 39 / Chapter 433A / Section 433A.650
Benefits available from third party
Status: in_force

Determination of ability to pay pursuant to NRS 433A.640 must include investigation of whether the consumer has benefits due and owing to the consumer for the cost of his or her treatment from third-party sources, such as Medicare, Medicaid, social security, medical insurance benefits, retirement programs, annuity plans, government benefits or any other financially responsible third parties. The administrative officer of a division mental health facility or person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment may accept payment for the cost of a consumer's treatment from the consumer's insurance company, Medicare or Medicaid and other similar third parties.
Nev. Rev. Stat. § 433.714 — NV Code / Title 39 / Chapter 433 / Section 433.714
“Advisory Committee” defined
Status: in_force

“ Advisory Committee ” means the Advisory Committee for a Resilient Nevada created by NRS 433.726 .
Nev. Rev. Stat. § 433A.400 — NV Code / Title 39 / Chapter 433A / Section 433A.400
Return of indigent to county of last residence or county where involuntarily admitted; delivery of indigent person to another state pursuant to Interstate Compact on Mental Health; notice
Status: in_force

1. An indigent resident of this state discharged as having been determined to no longer be a person in a mental health crisis, but having a residual medical or surgical disability which prevents him or her from obtaining or holding remunerative employment, must be returned to the county of his or her last residence, except as otherwise provided pursuant to subsections 2 and 3. A nonresident indigent with such disabilities must be returned to the county from which he or she was involuntarily court-admitted, except as otherwise provided in subsections 2 and 3. The administrative officer of the mental health facility shall first give notice in writing, not less than 10 days before discharge, to the board of county commissioners of the county to which the person will be returned and to the person's legal guardian.

2. Delivery of the indigent person must be made to an individual or agency authorized to provide further care. If the person has a legal guardian, the facility shall notify the guardian before discharging the person from the facility. 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 shall discharge the person according to its proposed discharge plan. Notification of a guardian pursuant to this subsection must be provided: (a) In person or by telephone; or (b) If the mental health facility is not able to contact the guardian in person or by telephone, by facsimile, electronic mail or certified mail.

3. An indigent person may be delivered to a state that is a party to the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543 regardless of residency in the manner provided in the Compact.

4. This section does not authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.
Nev. Rev. Stat. § 433.374 — NV Code / Title 39 / Chapter 433 / Section 433.374
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 as otherwise provided in NRS 433B.230 or where, before admission, the Administrator or the Administrator’s designee authorizes the expenditure of state money for such purpose.
Nev. Rev. Stat. § 435.339 — NV Code / Title 39 / Chapter 435 / Section 435.339
Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate
Status: in_force

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

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

2. The Division shall reinstate a certificate that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .
Nev. Rev. Stat. § 433.641 — NV Code / Title 39 / Chapter 433 / Section 433.641
Maintenance of records
Status: in_force

1. A person or entity that employs a person or retains an independent contractor for the purpose of providing or supervising the provision of peer recovery support services in a position where the person has regular and substantial contact with minors shall maintain records of the information concerning such employees and independent contractors that is collected pursuant to NRS 433.639 , including, without limitation, the written authorization for the release of information from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 .

2. The records maintained pursuant to subsection 1 must be: (a) Maintained for the period that the employee or independent contractor has regular and substantial contact with minors; and (b) Made available for inspection by the Division at any reasonable time and copies thereof must be furnished to the Division upon request.
Nev. Rev. Stat. § 433.536 — NV Code / Title 39 / Chapter 433 / Section 433.536
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. § 435.126 — NV Code / Title 39 / Chapter 435 / Section 435.126
Involuntary admission: Right to counsel; appointment of counsel; compensation of appointed counsel
Status: in_force

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

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

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

4. Any counsel appointed by the court is entitled to fair and reasonable compensation for his or her services. The compensation must be charged against the property of the person for whom the counsel was appointed. If the person is indigent, the compensation must be charged against the county in which the person alleged to be a person with an intellectual disability or a person with a developmental disability last resided.
Nev. Rev. Stat. § 433A.015 — NV Code / Title 39 / Chapter 433A / Section 433A.015
“Division” defined
Status: in_force

“ Division ” means:

1. Except as otherwise provided in subsection 2, the Division of Public and Behavioral Health of the Department.

2. Regarding the provision of services for the mental health of children pursuant to chapter 433B of NRS , the Division of Child and Family Services of the Department.
Nev. Rev. Stat. § 433A.220 — NV Code / Title 39 / Chapter 433A / Section 433A.220
Hearing on petition; notice; discharge of person before hearing; notification of court of transfer of subject of petition; additional procedure where subject on conditional release
Status: in_force

1. Immediately after the clerk of the district court receives any petition filed pursuant to NRS 433A.200 and 433A.210 , the clerk shall transmit the petition to the appropriate district judge, who shall set a time, date and place for its hearing. The date must be within 6 judicial days after the date on which the petition is received by the clerk unless otherwise stipulated by an attorney representing the person alleged to be a person in a mental health crisis and the district attorney. If the Chief Judge, if any, of the district court has assigned a district court judge or hearing master to preside over such hearings, that judge or hearing master must preside over the hearing.

2. The court shall give notice of the petition and of the time, date and place of any proceedings thereon to the subject of the petition, his or her attorney, if known, the person's legal guardian, the petitioner, the district attorney of the county in which the court has its principal office, the local office of an agency or organization that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of persons in a mental health crisis and the administrative office of any public or private mental health facility or hospital in which the subject of the petition is detained.

3. The provisions of this section do not preclude a facility or hospital from discharging a person before the time set pursuant to this section for the hearing concerning the person, if appropriate. If the person has a legal guardian, the facility or hospital shall notify the guardian prior to discharging the person from the facility or hospital. The legal guardian has discretion to determine where the person will be released, taking into consideration any discharge plan proposed by the facility or hospital assessment team. If the legal guardian does not inform the facility or hospital as to where the person will be released within 3 days after the date of notification, the facility or hospital shall discharge the person according to its proposed discharge plan. Notification of a guardian pursuant to this subsection must be provided: (a) In person or by telephone; or (b) If the mental health facility is not able to contact the guardian in person or by telephone, by facsimile, electronic mail or certified mail.

4. If the person who is the subject of the petition is currently admitted to a mental health facility or hospital and is transferred to another mental health facility or hospital, the petitioner must notify the court before the next scheduled hearing related to the petition and not more than 24 hours after the transfer.

5. If the person who is the subject of the petition is currently on conditional release pursuant to NRS 433A.380 : (a) The court may provide information on the conditional release to any public or private mental health facility or hospital in which the person is receiving treatment; and (b) The court may, with the consent of the parties, set a hearing before or concurrent with the hearing scheduled pursuant to subsection 1 to determine whether conditional release remains appropriate. If the court sets a hearing to resolve the conditional release, the parties may stipulate to continue the matter of the petition for involuntary court-ordered admission pending resolution of the conditional release. If the court determines by clear and convincing evidence that conditional release is no longer appropriate, the court may order the admission of the person to a mental health facility or hospital pending the resolution of the petition for involuntary court-ordered admission.
Nev. Rev. Stat. § 435.565 — NV Code / Title 39 / Chapter 435 / Section 435.565
Personal rights
Status: in_force

Each consumer admitted for evaluation, treatment or training to a facility has the following personal rights, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:

1. To wear the consumer's own clothing, to keep and use his or her own personal possessions, including toilet articles, unless those articles may be used to endanger the consumer's life or others' lives, and to keep and be allowed to spend a reasonable sum of the consumer's own money for expenses and small purchases.

2. To have access to individual space for storage for his or her private use.

3. To see visitors each day.

4. To have reasonable access to telephones, both to make and receive confidential calls.

5. To have ready access to materials for writing letters, including stamps, and to mail and receive unopened correspondence, but: (a) For the purposes of this subsection, packages are not considered as correspondence; and (b) Correspondence identified as containing a check payable to a consumer may be subject to control and safekeeping by the administrative officer of that facility or the administrative officer's designee, so long as the consumer's record of treatment documents the action.

6. To have reasonable access to an interpreter if the consumer does not speak English or is hearing impaired.

7. To designate a person who must be kept informed by the facility of the consumer's medical and mental condition, if the consumer signs a release allowing the facility to provide such information to the person.

8. Except as otherwise provided in NRS 439.597 , to have access to the consumer's medical records denied to any person other than: (a) A member of the staff of the facility or related medical personnel, as appropriate; (b) A person who obtains a waiver by the consumer of his or her right to keep the medical records confidential; or (c) A person who obtains a court order authorizing the access.

9. Other personal rights as specified by regulation of the Division.
Nev. Rev. Stat. § 435.545 — NV Code / Title 39 / Chapter 435 / Section 435.545
“Rights” defined
Status: in_force

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