Nev. Rev. Stat. § 433A.640 — NV Code / Title 39 / Chapter 433A / Section 433A.640
Parties responsible for payment of charges after court-ordered admission; investigation of ability to pay
Status: in_force

1. Once a court has ordered the admission of a person to a division facility, the administrative officer must make an investigation, pursuant to the provisions of this chapter, to determine whether the person or his or her responsible relatives pursuant to NRS 433A.610 are capable of paying for all or a portion of the costs that will be incurred during the period of admission.

2. If a person is admitted to a division facility or required to receive assisted outpatient treatment pursuant to a court order, that person and his or her responsible relatives are responsible for the payment of the actual cost of the treatment and services rendered during his or her admission to the division facility or while he or she is receiving assisted outpatient treatment unless the investigation reveals that the person and his or her responsible relatives are not capable of paying the full amount of the costs.

3. Once a court has ordered a person to receive assisted outpatient treatment operated by the Division, the person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment must make an investigation, pursuant to the provisions of this chapter, to determine whether the person receiving the treatment or his or her responsible relatives pursuant to NRS 433A.610 are capable of paying for all or a portion of the costs that will be incurred during the period of treatment.
Nev. Rev. Stat. § 433.471 — NV Code / Title 39 / Chapter 433 / Section 433.471
Rights concerning admission and discharge of consumers
Status: in_force

1. Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning admission to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation: (a) The right not to be admitted to the facility under false pretenses or as a result of any improper, unethical or unlawful conduct by a staff member of the facility to collect money from the insurance company of the consumer or for any other financial purpose. (b) The right to receive a copy, on request, of the criteria upon which the facility makes its decision to admit or discharge a consumer from the facility. Such criteria must not, for emergency admissions or involuntary court-ordered admissions, be based on the availability of insurance coverage or any other financial considerations.

2. As used in this section, “ improper conduct ” means a violation of the rules, policies or procedures of the facility.
Nev. Rev. Stat. § 433A.470 — NV Code / Title 39 / Chapter 433A / Section 433A.470
Guardian may be appointed for person adjudicated incapacitated
Status: in_force

A person adjudicated by a court to be incapacitated who is admitted to a public or private mental health facility may have a guardian appointed either by the admitting court or by the district court of the county wherein the mental health facility is located, on the application of any interested person or, in the case of an indigent, on the application of the district attorney of the county wherein the mental health facility is located. The provisions of chapter 159 of NRS shall govern the appointment and administration of guardianships created pursuant to this chapter.
Nev. Rev. Stat. § 433C.320 — NV Code / Title 39 / Chapter 433C / Section 433C.320
Expenditures subject to reimbursement; reimbursement prohibited for certain expenditures
Status: in_force

1. Expenditures subject to reimbursement include: (a) Expenditures for the items specified in NRS 433C.270 ; (b) Salaries of personnel; (c) Approved facilities and services provided through contract; (d) Operation, maintenance and service costs; and (e) Such other expenditures as may be approved by the Administrator.

2. Reimbursement may not be made for: (a) Expenditures for capital improvements; (b) The purchase or construction of buildings; (c) Compensation to members of a county board, except for actual and necessary expenses incurred in the performance of official duties; (d) Expenditures for a purpose for which state reimbursement is claimed under any other provision of law; (e) Expenditures incurred for court procedures under this or any other provision of law; or (f) The cost of confinement of any person in excess of 90 days in any 1 calendar year.

3. Reimbursement may not be made to any county or counties which employ a physician in the county program who is not a lawful permanent resident of the United States.
Nev. Rev. Stat. § 433.726 — NV Code / Title 39 / Chapter 433 / Section 433.726
Creation; appointment, qualifications, terms and compensation of members
Status: in_force

1. The Advisory Committee for a Resilient Nevada is hereby created within the Department.

2. The Attorney General shall appoint to the Advisory Committee: (a) One member who possesses knowledge, skills and experience working with youth in the juvenile justice system; (b) One member who possesses knowledge, skills and experience working with persons in the criminal justice system; (c) One member who possesses knowledge, skills and experience in the surveillance of overdoses; and (d) One member who: (1) Resides in a county other than Clark or Washoe County; and (2) Has experience having a substance use disorder or having a family member who has a substance use disorder.

3. The Office shall appoint to the Advisory Committee: (a) One member who: (1) Resides in Clark County; and (2) Has experience having a substance use disorder or having a family member who has a substance use disorder; (b) One member who possesses knowledge, skills and experience in public health; (c) One member who is the director of an agency which provides child welfare services or his or her designee; (d) One member who represents a program that specializes in the prevention of substance use by youth; (e) One member who represents a faith-based organization that specializes in recovery from substance use disorders; and (f) One member who represents a program for substance use disorders that is operated by a nonprofit organization and certified pursuant to NRS 458.025 .

4. The Director of the Department shall appoint to the Advisory Committee: (a) One member who: (1) Resides in Washoe County; and (2) Has experience having a substance use disorder or having a family member who has a substance use disorder; (b) One member who is a physician certified in the field of addiction medicine by the American Board of Addiction Medicine or its successor organization; (c) One member who represents a nonprofit, community-oriented organization that specializes in peer-led recovery from substance use disorders; (d) One member who has survived an opioid overdose; (e) One member who represents a program to prevent overdoses or otherwise reduce the harm caused by the use of substances; (f) One member who represents an organization that specializes in housing; and (g) One member who possesses knowledge, skills and experience with the education of pupils in kindergarten through 12th grade.

5. In appointing the members of the Advisory Committee pursuant to subsections 2, 3 and 4, the appointing authorities shall coordinate the appointments when practicable so that the members of the Advisory Committee represent the diversity of: (a) This State; and (b) The communities within this State that are disproportionately affected by opioid use disorder and disparities in access to care and health outcomes.

6. The term of each member of the Advisory Committee is 2 years. A member may be reappointed for an additional term of 2 years in the same manner as the original appointment. A vacancy occurring in the membership of the Advisory Committee must be filled in the same manner as the original appointment.

7. To the extent that money is available for these purposes: (a) Each member of the Advisory Committee who is not an officer or employee of this State is entitled to receive a salary of not more than $80, as fixed by the Department, for each day or portion of a day spent on the business of the Advisory Committee. (b) Each member of the Advisory Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the Advisory Committee.

8. A member of the Advisory Committee 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 to prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee 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 Advisory Committee to: (a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Advisory Committee; or (b) Take annual leave or compensatory time for the absence.
Nev. Rev. Stat. § 433B.060 — NV Code / Title 39 / Chapter 433B / Section 433B.060
“Division” defined
Status: in_force

“Division” means the Division of Child and Family Services.
Nev. Rev. Stat. § 433.5496 — NV Code / Title 39 / Chapter 433 / Section 433.5496
Use of mechanical restraint on consumer other than consumer of forensic facility; requirements; exceptions; report as denial of rights
Status: in_force

1. Except as otherwise provided in subsections 2 and 4, mechanical restraint may be used on a person with a disability who is a consumer only if: (a) An emergency exists that necessitates the use of mechanical restraint; (b) A medical order authorizing the use of mechanical restraint is obtained from the consumer's treating physician or advanced practice registered nurse before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint; (c) The physician or advanced practice registered nurse who signed the order required pursuant to paragraph (b) or the attending physician or attending advanced practice registered nurse examines the consumer not later than 1 working day immediately after the application of the mechanical restraint; (d) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint; (e) The consumer is given the opportunity to move and exercise the parts of his or her body that are restrained at least 10 minutes per every 60 minutes of restraint; (f) A member of the staff of the facility lessens or discontinues the restraint every 15 minutes to determine whether the consumer will stop or control his or her inappropriate behavior without the use of the restraint; (g) The record of the consumer contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the consumer and the response of the member of the staff of the facility who applied the mechanical restraint; (h) A member of the staff of the facility continuously monitors the consumer during the time that mechanical restraint is used on the consumer; and (i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the consumer so that the consumer is no longer an immediate threat of causing physical injury to himself or herself or others or causing severe property damage.

2. Mechanical restraint may be used on a person with a disability who is a consumer and the provisions of subsection 1 do not apply if the mechanical restraint is used to: (a) Treat the medical needs of a consumer; (b) Protect a consumer who is known to be at risk of injury to himself or herself because the consumer lacks coordination or suffers from frequent loss of consciousness; (c) Provide proper body alignment to a consumer; or (d) Position a consumer who has physical disabilities in a manner prescribed in the consumer's plan of services.

3. If mechanical restraint is used on a person with a disability who is a consumer in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610 , as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

4. The provisions of this section do not apply to a forensic facility, as that term is defined in subsection 5 of NRS 433.5499 .
Nev. Rev. Stat. § 433A.030 — NV Code / Title 39 / Chapter 433A / Section 433A.030
Administrative officer: Powers and duties
Status: in_force

The administrative officers have the following powers and duties, subject to the administrative supervision of the Administrator:

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

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

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

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

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

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

7. To invoke any legal, equitable or special procedures for the enforcement of his or her orders or the enforcement of the provisions of this chapter and chapters 433, 433B and 433C of NRS and other statutes governing the facilities;

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

9. To assume responsibility for the nonmedical care and treatment of consumers if that responsibility has not been delegated.
Nev. Rev. Stat. § 433.624 — NV Code / Title 39 / Chapter 433 / Section 433.624
“Board” defined
Status: in_force

“ Board ” means the State Board of Health.
Nev. Rev. Stat. § 435.005 — NV Code / Title 39 / Chapter 435 / Section 435.005
Applicability of chapter
Status: in_force

Unless specifically excluded by law, the provisions of this chapter apply to all facilities within the Division offering services to persons with intellectual disabilities or persons with developmental disabilities.
Nev. Rev. Stat. § 435.505 — NV Code / Title 39 / Chapter 435 / Section 435.505
Intellectual and developmental disability center revolving accounts
Status: in_force

An intellectual and developmental disability center revolving account up to the amount of $5,000 is hereby created for each division intellectual and developmental disability center, and may be used for the payment of bills of the intellectual and developmental disability center requiring immediate payment and for no other purposes. The respective administrative officers shall deposit the money for the respective revolving accounts in one or more banks or credit unions of reputable standing. Payments made from each account must be promptly reimbursed from appropriated money of the respective intellectual and developmental disability centers on claims as other claims against the State are paid.
Nev. Rev. Stat. § 435.650 — NV Code / Title 39 / Chapter 435 / Section 435.650
Unlawful sale or transfer of intoxicating beverage on grounds of division facility
Status: in_force

1. Any person who, on the grounds of a division facility, sells, barters, exchanges or in any manner disposes of any spirituous or malt liquor or beverage to any person lawfully confined in the division facility is guilty of a gross misdemeanor.

2. This section does not apply to any physician prescribing or furnishing liquor to the person when the liquor is prescribed or furnished for medicinal purposes only.
Nev. Rev. Stat. § 435.610 — NV Code / Title 39 / Chapter 435 / Section 435.610
Denial of rights prohibited; exceptions; report; investigation and action by Commission on Behavioral Health; closure of meeting in certain circumstances
Status: in_force

1. The rights of a consumer enumerated in this chapter must not be denied except to protect the consumer's health and safety or to protect the health and safety of others, or both. Any denial of those rights in any facility must be entered in the consumer's record of treatment, and notice of the denial must be forwarded to the administrative officer of the facility. Failure to report denial of rights by an employee may be grounds for dismissal.

2. If the administrative officer of a facility receives notice of a denial of rights as provided in subsection 1, the officer shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. Except as otherwise provided in NRS 239.0115 , such a report is confidential and must not be disclosed. A copy of the report must be sent to the Commission on Behavioral Health.

3. The Commission on Behavioral Health: (a) Shall receive reports of and may investigate apparent violations of the rights guaranteed by this chapter; (b) May act to resolve disputes relating to apparent violations; (c) May act on behalf of consumers to obtain remedies for any apparent violations; and (d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.

4. Pursuant to NRS 241.030 , the Commission on Behavioral Health may close any portion of a meeting in which it considers the character, alleged misconduct or professional competence of a person in relation to: (a) The denial of the rights of a consumer; or (b) The care and treatment of a consumer. The provisions of this subsection do not require a meeting of the Commission on Behavioral Health to be closed to the public.
Nev. Rev. Stat. § 433.728 — NV Code / Title 39 / Chapter 433 / Section 433.728
Chair; meetings; quorum; staff assistance
Status: in_force

1. At the first meeting of each calendar year, the Advisory Committee shall elect from its members a Chair.

2. The Advisory Committee shall meet at least twice annually at the call of the Chair or a majority of its members.

3. A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.

4. The Department shall provide staff assistance to the Advisory Committee.
Nev. Rev. Stat. § 433.623 — NV Code / Title 39 / Chapter 433 / Section 433.623
“Adult” defined
Status: in_force

“ Adult ” means a natural person who is 18 years of age or older.
Nev. Rev. Stat. § 433B.187 — NV Code / Title 39 / Chapter 433B / Section 433B.187
Maintenance of record of investigation and fingerprints
Status: in_force

1. The Division shall maintain accurate records of the information concerning an employee of a division facility collected pursuant to NRS 433B.183 and 433B.185 for the period of the employee's employment with a division facility, including, without limitation: (a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History and a copy of the written authorization that was provided by the employee; (b) Proof that the fingerprints of the employee were submitted to the Central Repository for submission to the Federal Bureau of Investigation for its report; and (c) Any other documentation of the information collected pursuant to NRS 433B.183 and 433B.185 .

2. The records maintained pursuant to subsection 1 must be maintained for the period of the employee's employment with the division facility.
Nev. Rev. Stat. § 433B.335 — NV Code / Title 39 / Chapter 433B / Section 433B.335
Long-term strategic plan for provision of services to children with emotional disturbance: Preparation by consortium; requirements; submission; consideration of priorities of and requests for allocations to consortium in agency’s biennial budget request
Status: in_force

1. Each mental health consortium established pursuant to NRS 433B.333 shall prepare and submit to the Director of the Department a long-term strategic plan for the provision of mental health services to children with emotional disturbance in the jurisdiction of the consortium. A plan submitted pursuant to this section is valid for 10 years after the date of submission, and each consortium shall submit a new plan upon its expiration.

2. In preparing the long-term strategic plan pursuant to subsection 1, each mental health consortium must be guided by the following principles: (a) The system of mental health services set forth in the plan should be centered on children with emotional disturbance and their families, with the needs and strengths of those children and their families dictating the types and mix of services provided. (b) The families of children with emotional disturbance, including, without limitation, foster parents, should be active participants in all aspects of planning, selecting and delivering mental health services at the local level. (c) The system of mental health services should be community-based and flexible, with accountability and the focus of the services at the local level. (d) The system of mental health services should provide timely access to a comprehensive array of cost-effective mental health services. (e) Children and their families who are in need of mental health services should be identified as early as possible through screening, assessment processes, treatment and systems of support. (f) Comprehensive mental health services should be made available in the least restrictive but clinically appropriate environment. (g) The family of a child with an emotional disturbance should be eligible to receive mental health services from the system. (h) Mental health services should be provided to children with emotional disturbance in a sensitive manner that is responsive to cultural and gender-based differences and the special needs of the children.

3. The long-term strategic plan prepared pursuant to subsection 1 must include: (a) An assessment of the need for mental health services in the jurisdiction of the consortium; (b) The long-term strategies and goals of the consortium for providing mental health services to children with emotional disturbance within the jurisdiction of the consortium; (c) A description of the types of services to be offered to children with emotional disturbance within the jurisdiction of the consortium; (d) Criteria for eligibility for those services; (e) A description of the manner in which those services may be obtained by eligible children; (f) The manner in which the costs for those services will be allocated; (g) The mechanisms to manage the money provided for those services; (h) Documentation of the number of children with emotional disturbance who are not currently being provided services, the costs to provide services to those children, the obstacles to providing services to those children and recommendations for removing those obstacles; (i) Methods for obtaining additional money and services for children with emotional disturbance from private and public entities; and (j) The manner in which family members of eligible children and other persons may be involved in the treatment of the children.

4. On or before January 31 of each even-numbered year, each mental health consortium shall submit to the Director of the Department and the Commission: (a) A list of the priorities of services necessary to implement the long-term strategic plan submitted pursuant to subsection 1 and an itemized list of the costs to provide those services; (b) A description of any revisions to the long-term strategic plan adopted by the consortium during the immediately preceding year; and (c) Any request for an allocation for administrative expenses of the consortium.

5. In preparing the biennial budget request for the Department, the Director of the Department shall consider the list of priorities and any request for an allocation submitted pursuant to subsection 4 by each mental health consortium. On or before September 30 of each even-numbered year, the Director of the Department shall submit to each mental health consortium a report which includes a description of: (a) Each item on the list of priorities of the consortium that was included in the biennial budget request for the Department; (b) Each item on the list of priorities of the consortium that was not included in the biennial budget request for the Department and an explanation for the exclusion; and (c) Any request for an allocation for administrative expenses of the consortium that was included in the biennial budget request for the Department.

6. On or before January 31 of each odd-numbered year, each consortium shall submit to the Director of the Department and the Commission: (a) A report regarding the status of the long-term strategic plan submitted pursuant to subsection 1, including, without limitation, the status of the strategies, goals and services included in the plan; (b) A description of any revisions to the long-term strategic plan adopted by the consortium during the immediately preceding year; and (c) A report of all expenditures made from an account maintained pursuant to NRS 433B.339 , if any.
Nev. Rev. Stat. § 433.344 — NV Code / Title 39 / Chapter 433 / Section 433.344
Contracts with persons professionally qualified in field of psychiatric mental health for care of persons
Status: in_force

The Division may contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for persons with mental illness when it appears that they can be treated best in that manner.
Nev. Rev. Stat. § 433.064 — NV Code / Title 39 / Chapter 433 / Section 433.064
“Department” defined
Status: in_force

“Department” means the Department of Health and Human Services.
Nev. Rev. Stat. § 435.390 — NV Code / Title 39 / Chapter 435 / Section 435.390
Canteen for division facility: Establishment and operation
Status: in_force

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

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

3. The respective administrative officers shall deposit the money used for the operation of the canteen in one or more banks or credit unions of reputable standing, except that an appropriate sum may be maintained as petty cash at each canteen.
Nev. Rev. Stat. § 433.636 — NV Code / Title 39 / Chapter 433 / Section 433.636
Expedited certificate by endorsement for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional certificate pending application
Status: in_force

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

1. The Division may issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a certificate if the applicant: (a) Holds a corresponding valid and unrestricted license, certificate or other credential as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, in the District of Columbia or any state or territory of the United States; and (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the spouse, widow or widower of a veteran.

2. An applicant for a certificate by endorsement pursuant to this section must submit to the Division with his or her application: (a) Proof satisfactory to the Division that the applicant: (1) Satisfies the requirements of subsection 1; (2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license, certificate or other credential as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable; and (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States; (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; (c) The fee prescribed by the Board in the regulations adopted pursuant to NRS 433.632 ; and (d) Any other information required by the Division.

3. Not later than 15 business days after the Division receives an application for a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Division to complete the application.

4. At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Division may grant a provisional certificate authorizing an applicant to practice as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, in accordance with regulations adopted by the Board.

5. As used in this section, “ veteran ” has the meaning ascribed to it in NRS 417.005 .
Nev. Rev. Stat. § 435.127 — NV Code / Title 39 / Chapter 435 / Section 435.127
Involuntary admission: Evidence; rights of person
Status: in_force

In proceedings for involuntary admission of a person to an intellectual and developmental disability center:

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

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

3. The person may obtain independent evaluation and expert opinion at his or her own expense, and may summon other witnesses.
Nev. Rev. Stat. § 433A.145 — NV Code / Title 39 / Chapter 433A / Section 433A.145
Restrictions on change of status from voluntary consumer to emergency admission
Status: in_force

1. If a person in a mental health crisis is admitted to a public or private mental health facility or hospital as a voluntary consumer, the facility or hospital shall not change the status of the person to an emergency admission unless: (a) A person described in NRS 433A.160 places the person on a mental health crisis hold; and (b) The requirements prescribed by NRS 433A.162 have been met.

2. Except as otherwise provided in subsection 3 and NRS 432B.6075 , a person whose status is changed pursuant to subsection 1 must not be detained in excess of 72 hours, including weekends and holidays, after the person is placed on a mental health crisis hold pursuant to NRS 433A.160 unless, before the close of the business day on which the 72 hours expires, a written petition for an involuntary court-ordered admission to a mental health facility is filed with the clerk of the district court pursuant to NRS 433A.200 , including, without limitation, the documents required pursuant to NRS 433A.210 .

3. If the period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next following the expiration of that period.
Nev. Rev. Stat. § 433.801 — NV Code / Title 39 / Chapter 433 / Section 433.801
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 mental health facility 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 mental health facility 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. § 433C.130 — NV Code / Title 39 / Chapter 433C / Section 433C.130
Responsibility of Department for developing and administering preventive and other services for mental health
Status: in_force

The Department is designated as the official state agency responsible for developing and administering preventive and outpatient mental health services. The Department shall function in the following areas:

1. Assisting and consulting with local health authorities, local governments and all law enforcement agencies in this State in providing community mental health services, which services may include prevention, rehabilitation, case finding, diagnosis and treatment of persons with mental illness, and consultation and education for groups and individuals regarding mental health.

2. Coordinating mental health functions with other state agencies.

3. Participating in and promoting the development of facilities for training personnel necessary for implementing such services.

4. Collecting and disseminating information pertaining to mental health.

5. Performing such other acts as are necessary to promote mental health in the State.
Nev. Rev. Stat. § 433C.250 — NV Code / Title 39 / Chapter 433C / Section 433C.250
Legislative appropriations; payment of claims
Status: in_force

Except as otherwise provided in this chapter:

1. Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the General Fund. Such funds shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246 , inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225 , inclusive, and after separate consideration of the merits of each request.

2. All moneys in any fund available to the Division for carrying out the provisions of this chapter shall be paid out on claims approved by the Administrator as other claims against the State are paid.
Nev. Rev. Stat. § 433.069 — NV Code / Title 39 / Chapter 433 / Section 433.069
“Developmental disability” defined
Status: in_force

“Developmental disability” has the meaning ascribed to it in NRS 435.007 .
Nev. Rev. Stat. § 433B.105 — NV Code / Title 39 / Chapter 433B / Section 433B.105
Person’s legal rights; application of various provisions of chapter 433 of NRS and all of chapter 433A of NRS to children
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 433.456 to 433.543 , inclusive, 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. § 433C.200 — NV Code / Title 39 / Chapter 433C / Section 433C.200
Establishment of joint community programs by counties
Status: in_force

The governing body of any county may by agreement with the governing body or bodies of any other county or counties establish joint community mental health programs.
Nev. Rev. Stat. § 433.279 — NV Code / Title 39 / Chapter 433 / Section 433.279
Program for certification of mental health technicians
Status: in_force

1. The Division shall carry out a vocational and educational program for the certification of mental health technicians, including forensic technicians: (a) Employed by the Division, or other employees of the Division who perform similar duties, but are classified differently. (b) Employed by the Division of Child and Family Services of the Department. The program must be carried out in cooperation with the Nevada System of Higher Education.

2. A mental health 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 a mental health technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.

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

4. As used in this section, “ mental health technician ” means an employee of the Division of Public and Behavioral Services or the Division of Child and Family Services 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 mental illness and persons who are emotionally disturbed, 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. § 435.115 — NV Code / Title 39 / Chapter 435 / Section 435.115
Schedule of fees for services
Status: in_force

The Administrator shall establish a fee schedule, subject to the approval of the Director of the Department, for services rendered to persons with intellectual disabilities and persons with developmental disabilities by the Division.
Nev. Rev. Stat. § 433A.342 — NV Code / Title 39 / Chapter 433A / Section 433A.342
Presence and testimony of subject of petition
Status: in_force

1. Except as otherwise provided in subsection 2, the person who is the subject of a petition or motion for assisted outpatient treatment must be present at the proceedings on the petition or motion, as applicable, and may, at the discretion of the court, testify.

2. The court may conduct the hearing on a petition or motion for assisted outpatient treatment in the absence of the person who is the subject of the petition or motion if: (a) The person has waived his or her right to attend the hearing after receiving notice pursuant to NRS 433A.336 and being advised of his or her right to be present and the potential consequences of failing to attend; and (b) The counsel for the person is present.
Nev. Rev. Stat. § 433C.160 — NV Code / Title 39 / Chapter 433C / Section 433C.160
County mental health advisory board: Composition; terms of members
Status: in_force

1. The county program shall have a county mental health advisory board of 7 to 15 members appointed by the governing body. The composition of the county board shall be representative of providers of mental health services, recipients or consumers of mental health services, agencies and occupations having a working involvement with mental health services and the general public, but such representation need not be in any fixed proportion.

2. The term of each member of the advisory board shall be for 3 years, but of the members first appointed approximately one-third shall be appointed for a term of 1 year, one-third for a term of 2 years and one-third for a term of 3 years.
Nev. Rev. Stat. § 433A.370 — NV Code / Title 39 / Chapter 433A / Section 433A.370
Escape or absence without leave
Status: in_force

1. When a consumer committed by a court to a division facility on or before June 30, 1975, or a consumer who is judicially admitted on or after July 1, 1975, or a person who is involuntarily detained pursuant to NRS 433A.145 to 433A.300 , inclusive, escapes from any division facility, or when a judicially admitted consumer has not returned to a division facility from conditional release after the administrative officer of the facility has ordered the consumer to do so, any peace officer shall, upon written request of the administrative officer or the administrative officer's designee and without the necessity of a warrant or court order, apprehend, take into custody and deliver the person to such division facility or another state facility.

2. Any person appointed or designated by the Director of the Department to take into custody and transport to a division facility persons who have escaped or failed to return as described in subsection 1 may participate in the apprehension and delivery of any such person, but may not take the person into custody without a warrant.
Nev. Rev. Stat. § 433.244 — NV Code / Title 39 / Chapter 433 / Section 433.244
Administrator: Qualifications; classification
Status: in_force

1. The Administrator must be selected on the basis of his or her education, training, experience, leadership qualities, demonstrated abilities and interest in the field of behavioral health or public health.

2. The Administrator is in the unclassified service of the State.
Nev. Rev. Stat. § 433B.260 — NV Code / Title 39 / Chapter 433B / Section 433B.260
Fees of physicians and other professionally qualified employees of facility
Status: in_force

1. Physicians and other professional staff employed within any division facility must receive a reasonable fee for evaluations, examinations or court testimony when directed by the court to perform those services, singularly or as a member of an evaluation team established pursuant to chapter 433A of NRS .

2. If the evaluation or testimony is provided while the physician or other professional person is acting as an employee of a division facility, the fee must be received by the division facility at which he or she is employed.
Nev. Rev. Stat. § 435.077 — NV Code / Title 39 / Chapter 435 / Section 435.077
Regulations for transfer of persons from one facility to another; discharge or leave; notice to committing court
Status: in_force

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

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

3. When a person with an intellectual disability or a person with a developmental disability is committed to a division facility by court order, the committing court must be given 10 days' notice before the discharge of that person.
Nev. Rev. Stat. § 433.710 — NV Code / Title 39 / Chapter 433 / Section 433.710
Reports
Status: in_force

On or before December 31 of each year, the Division shall compile:

1. A report concerning the usage of the hotline established pursuant to NRS 433.704 and the services provided to persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline and submit the report to: (a) The Commission on Behavioral Health; (b) Each regional behavioral health policy board created by NRS 433.429 ; and (c) The Director of the Legislative Counsel Bureau for transmittal to: (1) In odd-numbered years, the Joint Interim Standing Committee on Health and Human Services and the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs created by NRS 218E.750 ; and (2) In even-numbered years, the next regular session of the Legislature.

2. A report concerning the revenue generated by the surcharge imposed pursuant to NRS 433.708 and deposits and expenditures from the Account created by that section and submit the report to the Director of the Legislative Counsel Bureau for transmittal to: (a) In odd-numbered years, the Interim Finance Committee; and (b) In even-numbered years, the next regular session of the Legislature.
Nev. Rev. Stat. § 435.220 — NV Code / Title 39 / Chapter 435 / Section 435.220
Regulations; agreements with public and private agencies for provision of services; preference to agency that provides certain training and experience
Status: in_force

1. The Administrator shall adopt regulations governing jobs and day training services, including, without limitation, regulations that set forth: (a) Standards for the provision of quality care and training by providers of jobs and day training services; (b) The requirements for the issuance and renewal of a certificate; and (c) The rights of consumers of jobs and day training services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing the complaint.

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

3. For the purpose of entering into an agreement described in subsection 2, if the qualifications of more than one agency are equal, the Division shall give preference to the agency that will provide persons with intellectual disabilities or persons with developmental disabilities with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that is comparable to employment of persons without intellectual disabilities or persons without developmental disabilities.
Nev. Rev. Stat. § 433.327 — NV Code / Title 39 / Chapter 433 / Section 433.327
Right of certain employees of Department to submit information or requests to Commission or appear before Commission
Status: in_force

Every employee of the Division, and every person employed by the Division of Child and Family Services of the Department pursuant to chapter 433B of NRS is entitled to submit written information or requests directly to the Commission or its individual members, or appear before it with its permission, but the Commission shall not interfere with the procedures for resolving the grievances of employees in the classified service of the State.
Nev. Rev. Stat. § 433B.175 — NV Code / Title 39 / Chapter 433B / Section 433B.175
Administrator required to ensure training of employees who have direct contact with children; regulations
Status: in_force

1. The Administrator shall ensure that each employee who comes into direct contact with children at any treatment facility and any other division facility into which a child may be committed by a court order receives training within 90 days after employment and annually thereafter. Such training must be approved by the Division and include, without limitation, instruction concerning: (a) Controlling the behavior of children; (b) Policies and procedures concerning the use of force and restraint on children; (c) The rights of children in the facility; (d) Suicide awareness and prevention; (e) The administration of medication to children; (f) Applicable state and federal constitutional and statutory rights of children in the facility; (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the facility; (h) Working with gay, lesbian, bisexual, transgender and questioning children; and (i) Such other matters as required by the Board.

2. The Division shall adopt regulations necessary to carry out the provisions of this section.
Nev. Rev. Stat. § 435.435 — NV Code / Title 39 / Chapter 435 / Section 435.435
Adoption of regulations concerning abuse and neglect of consumers
Status: in_force

The Administrator shall adopt regulations to:

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

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

3. Establish policies and procedures for reporting the abuse or neglect of a consumer of the Division.
Nev. Rev. Stat. § 433B.185 — NV Code / Title 39 / Chapter 433B / Section 433B.185
Termination of employee who has been charged with or convicted of certain crimes; right of employee to correct information; waiver; tracking and review of certain information relating to waivers
Status: in_force

1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 433B.183 or evidence from any other source that an employee of a division facility that provides residential treatment for children: (a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 , the administrative officer may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or (b) Except as otherwise provided in subsection 4, has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 , the administrative officer shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2.

2. If an employee believes that the information provided to the division facility pursuant to subsection 1 is incorrect, the employee must inform the division facility immediately. A division facility that is so informed shall give the employee 30 days to correct the information.

3. During the period in which an employee seeks to correct information pursuant to subsection 2, it is within the discretion of the administrative officer whether to allow the employee to continue to work for the division facility, except that the employee shall not have contact with a child in the division facility without supervision during such period.

4. Except as otherwise provided in subsection 5, a division facility that provides residential treatment for children may waive the requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 if the division facility adopts and applies an objective weighing test in accordance with this subsection. The objective weighing test must include factors the division facility will consider when making a determination as to whether to waive such a requirement, including, without limitation: (a) The age, maturity and capacity of the employee at the time of his or her conviction; (b) The length of time since the employee committed the crime; (c) Any participation by the employee in rehabilitative services; and (d) The relevance of the crime to the position in which the employee is employed.

5. The requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 may not be waived through the use of the objective weighing test if: (a) The crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed; or (b) The information concerning the conviction was obtained pursuant to a second or subsequent background investigation concerning the employee that is conducted by the division facility.

6. A division facility that provides residential treatment for children shall, with regard to each employee to whom the division facility applies the objective weighing test pursuant to subsection 4: (a) Track the age, race and ethnicity of the employee, the position in which the employee is employed and the determination made by the division facility; and (b) Review such data not less than once every 2 years to determine the efficacy of the objective weighing test and whether the data indicates the presence of any implicit bias.

7. The determination made by a division facility that provides residential treatment for children with regard to an employee to whom the division facility applies the objective weighing test is final.

8. For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 begins and ends as set forth in subsection 8 of that section.
Nev. Rev. Stat. § 433A.170 — NV Code / Title 39 / Chapter 433A / Section 433A.170
Certificate of certain providers of health care required for emergency admission
Status: in_force

Except as otherwise provided in this section, the administrative officer of a facility operated by the Division or of any other public or private mental health facility or hospital shall not accept a person for an emergency admission under NRS 433A.162 unless 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 completes a certificate stating that he or she has examined the person alleged to be a person in a mental health crisis and that he or she has concluded that the person is a person in a mental health crisis. The certificate required by this section may be obtained from a psychologist, physician, physician assistant, clinical social worker or advanced practice registered nurse who is employed by the public or private mental health facility or hospital to which the person alleged to be a person in a mental health crisis is to be admitted.
Nev. Rev. Stat. § 433A.460 — NV Code / Title 39 / Chapter 433A / Section 433A.460
Legal capacity of person admitted to facility or assisted outpatient treatment unimpaired unless adjudicated incapacitated
Status: in_force

No person admitted to a public or private mental health facility or who receives assisted outpatient treatment pursuant to this chapter shall, by reason of such admission or treatment, be denied the right to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote and hold a driver's license, unless such person has been specifically adjudicated incapacitated by a court of competent jurisdiction and has not been restored to legal capacity.
Nev. Rev. Stat. § 435.430 — NV Code / Title 39 / Chapter 435 / Section 435.430
Adoption of regulations concerning care and treatment by public and private facilities and to promote programs
Status: in_force

1. The Administrator shall adopt regulations: (a) For the care and treatment of persons with intellectual disabilities and persons with developmental disabilities by all state agencies and facilities, and their referral to private facilities; (b) To ensure continuity in the care and treatment provided to persons with intellectual disabilities and persons with developmental disabilities in this State; and (c) Necessary for the proper and efficient operation of the facilities of the Division.

2. The Administrator may adopt regulations to promote programs relating to intellectual disabilities or developmental disabilities.
Nev. Rev. Stat. § 433.227 — NV Code / Title 39 / Chapter 433 / Section 433.227
“Treatment to competency” defined
Status: in_force

“ Treatment to competency ” means treatment provided to a person who is a defendant in a criminal action or proceeding to attempt to cause the person to attain competency to stand trial or receive pronouncement of judgment.
Nev. Rev. Stat. § 433.5463 — NV Code / Title 39 / Chapter 433 / Section 433.5463
“Electric shock” defined
Status: in_force

“Electric shock” means the application of electric current to a person's skin or body. The term does not include electroconvulsive therapy.
Nev. Rev. Stat. § 433A.280 — NV Code / Title 39 / Chapter 433A / Section 433A.280
Testimony
Status: in_force

In proceedings for involuntary court-ordered admission, the court shall hear and consider all relevant testimony, including, but not limited to, the testimony of examining personnel who participated in the evaluation of the person alleged to be a person in a mental health crisis and the certificates of physicians, certified psychologists or advanced practice registered nurses accompanying the petition, if applicable. The court may consider testimony relating to any past actions of the person alleged to be a person in a mental health crisis if such testimony is probative of the question of whether the person is presently a person in a mental health crisis.
Nev. Rev. Stat. § 433.539 — NV Code / Title 39 / Chapter 433 / Section 433.539
Personal deposit funds for consumers
Status: reserved

1. There may be maintained as a trust fund at each division facility a consumers' personal deposit fund.

2. Money coming into the possession of the administrative officer of a division facility which belongs to a consumer must be credited in the fund in the name of that consumer.

3. When practicable, individual credits in the fund must not exceed the sum of $300.

4. Any amounts to the credit of a consumer may be used for purchasing personal necessities, for expenses of burial or may be turned over to the consumer upon the consumer's demand, except that when the consumer is adjudicated incapacitated the guardian of the consumer's estate has the right to demand and receive the money.

5. An amount accepted for the benefit of a consumer for a special purpose must be reserved for that purpose regardless of the total amount to the credit of the consumer.

6. Except as otherwise provided in subsection 7, the administrative officers shall deposit any money received for the funds of their respective facilities in commercial accounts with one or more banks or credit unions of reputable standing. When deposits in a commercial account exceed $15,000, the administrative officer may deposit the excess in a savings account paying interest in any reputable commercial bank, or in any credit union, savings and loan association or savings bank within this state that is federally insured or insured by a private insurer approved pursuant to NRS 672.755 . The savings account must be in the name of the fund. Interest paid on deposits in the savings account may be used for recreational purposes at the division facility.

7. The administrative officers may maintain at their respective division facilities petty cash of not more than $400 of the money in the consumers' personal deposit fund to enable consumers to withdraw small sums from their accounts.
Nev. Rev. Stat. § 433.740 — NV Code / Title 39 / Chapter 433 / Section 433.740
Procedure for awarding grants; administrative expenses of grantee; annual report; recovery of money from certain grantees
Status: in_force

1. If the Department awards grants pursuant to paragraph (b) of subsection 2 of NRS 433.738 , the Department, in consultation with the Office, must: (a) Develop, solicit and accept applications for those grants. An application submitted by a regional, local or tribal governmental entity must include, without limitation: (1) The results of a needs assessment that meets the requirements of NRS 433.742 ; and (2) A plan for the use of the grant that meets the requirements of NRS 433.744 . (b) Coordinate with and provide support to regional, local and tribal governmental entities in conducting needs assessments and developing plans pursuant to paragraph (a). (c) Consider any money recovered or anticipated to be recovered by county, local or tribal governmental agencies through judgments received or settlements entered into as a result of litigation concerning the manufacture, distribution, sale or marketing of opioids. (d) Conduct annual evaluations of programs to which grants have been awarded.

2. To the extent authorized by the terms of any judgment or settlement described in subsection 1 of NRS 433.732 , the recipient of a grant pursuant to paragraph (b) of subsection 2 of NRS 433.738 may use not more than 8 percent of the grant for administrative expenses related to the grant or the projects supported by the grant.

3. The recipient of a grant pursuant to paragraph (b) of subsection 2 of NRS 433.738 shall annually submit to the Department a report concerning the expenditure of the money that was received and the outcomes of the projects on which that money was spent.

4. If a regional, local or tribal governmental entity that receives a grant pursuant to paragraph (b) of subsection 2 of NRS 433.738 later recovers money through a judgment or a settlement resulting from litigation concerning the manufacture, distribution, sale or marketing of opioids: (a) The regional, local or tribal governmental entity must immediately notify the Department; and (b) The Department may recover from the governmental entity an amount not to exceed the amount of the grant or the amount of the recovery, whichever is less.

5. A regional, local or tribal governmental entity that receives a grant pursuant to paragraph (b) of subsection 2 of NRS 433.738 shall conduct a new needs assessment and update its plan for the use of the grant at intervals prescribed by regulation of the Department, which must be not less than every 4 years.
Nev. Rev. Stat. § 433.267 — NV Code / Title 39 / Chapter 433 / Section 433.267
Limitation on time for certification of psychiatrist employed by Division
Status: in_force

Any psychiatrist who is employed by the Division must be certified by the American Board of Psychiatry and Neurology within 5 years after the psychiatrist’s first date of employment with the Division. The Administrator shall terminate the employment of any psychiatrist who fails to receive such certification.
Nev. Rev. Stat. § 433A.110 — NV Code / Title 39 / Chapter 433A / Section 433A.110
Canteen for facility of Division: Establishment and operation
Status: in_force

1. The administrative officer of a division mental health facility which provides treatment for inpatients may cause to be established a canteen operated for the benefit of consumers and employees of the facility. So far as practical within good business practices, the prices of commodities sold must approximate costs. The administrative officer shall cause to be kept a record of transactions in the operation of the canteen.

2. The Administrator may designate money from budgeted resources in appropriate amounts to each such facility for the establishment and operation of canteens. The money must be used to supplement the financial operation of the canteens, if required, to provide money for needy consumers' canteen privileges, and to provide for such other expenditures benefiting the consumers of such division facilities as the respective administrative officers may deem necessary. All proceeds of sale collected must be deposited with the State Treasurer for credit to the appropriate operating account of the mental health facility. The operating account must separately identify in the record of transactions the proceeds of sale collected, the amount of budgeted resources used, and the total amount expended for the operations of the canteen. All proceeds of sale collected must be used for the operation of the canteen. Proceeds of sale collected which exceed the amount necessary to maintain the operation of the canteens must be used to benefit the consumers.

3. An appropriate sum may be maintained as petty cash at each canteen.

4. The respective administrative officers may cause to be appointed such staff as are necessary for the proper operation of the canteens.
Nev. Rev. Stat. § 433.722 — NV Code / Title 39 / Chapter 433 / Section 433.722
“Special population” defined
Status: in_force

“ Special population ” means a population uniquely affected by substance use or substance use disorder. The term includes, without limitation:

1. Veterans;

2. Persons who are pregnant;

3. Parents of dependent children;

4. Youth;

5. Persons who are lesbian, gay, bisexual, transgender and questioning; and

6. Persons and families involved in the criminal justice system, juvenile justice system and child welfare system.
Nev. Rev. Stat. § 433.482 — NV Code / Title 39 / Chapter 433 / Section 433.482
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 Commission.
Nev. Rev. Stat. § 433B.3392 — NV Code / Title 39 / Chapter 433B / Section 433B.3392
“Agency which provides child welfare services” defined
Status: in_force

As used in NRS 433B.3392 to 433B.3398 , inclusive, unless the context otherwise requires, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030 .
Nev. Rev. Stat. § 433.254 — NV Code / Title 39 / Chapter 433 / Section 433.254
Administrator: Powers and duties
Status: in_force

1. The Administrator serves at the pleasure of the Director of the Department and shall: (a) Serve as the Executive Officer of the Division; (b) Administer the Division in accordance with the policies established by the Commission; (c) Make an annual report to the Director of the Department on the condition and operation of the Division, and such other reports as the Director may prescribe; and (d) Employ, within the limits of available money, the assistants and employees necessary to the efficient operation of the Division.

2. The Administrator may: (a) Appoint the administrative personnel necessary to operate the programs of the Division. (b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of the facilities of the Division.

3. If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the Director of the Department.
Nev. Rev. Stat. § 433.074 — NV Code / Title 39 / Chapter 433 / Section 433.074
“Director of the Department” defined
Status: in_force

“Director of the Department” means the administrative head of the Department.
Nev. Rev. Stat. § 435.400 — NV Code / Title 39 / Chapter 435 / Section 435.400
Designation
Status: in_force

1. The division facilities providing services for persons with intellectual disabilities or persons with developmental disabilities are designated as: (a) Desert Regional Center; (b) Sierra Regional Center; and (c) Rural Regional Center.

2. Division facilities established after July 1, 1981, must be named by the Administrator, subject to the approval of the Director of the Department.
Nev. Rev. Stat. § 433A.490 — NV Code / Title 39 / Chapter 433A / Section 433A.490
Restoration of legal capacity of person previously adjudicated incapacitated
Status: in_force

Any person in the State of Nevada who, by reason of a judicial decree ordering the person’s hospitalization entered prior to July 1, 1975, is considered to be incapacitated and is denied the right to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote or hold a driver's license solely by reason of such decree shall, upon the expiration of the 6-month period immediately following such date, be deemed to have been restored to legal capacity unless, within such 6-month period, affirmative action is commenced to have the person adjudicated incapacitated by a court of competent jurisdiction.
Nev. Rev. Stat. § 435.420 — NV Code / Title 39 / Chapter 435 / Section 435.420
Proficiency in English language required of certain employees
Status: in_force

The Administrator shall not employ any psychiatrist, psychologist, social worker or registered nurse who holds a master's degree in the field of psychiatric nursing who is unable to demonstrate proficiency in the oral and written expression of the English language.
Nev. Rev. Stat. § 435.415 — NV Code / Title 39 / Chapter 435 / Section 435.415
Licensing or certification of certain employees of Division
Status: in_force

Any person employed by the Division as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, registered nurse or social worker must be licensed or certified by the appropriate state licensing board for his or her respective profession.
Nev. Rev. Stat. § 433A.016 — NV Code / Title 39 / Chapter 433A / Section 433A.016
“Division facility” defined
Status: in_force

“ Division facility ” means:

1. Except as otherwise provided in subsection 2, any unit or subunit operated by the Division of Public and Behavioral Health of the Department for the care, treatment and training of consumers.

2. Any unit or subunit operated by the Division of Child and Family Services of the Department pursuant to chapter 433B of NRS .
Nev. Rev. Stat. § 433A.155 — NV Code / Title 39 / Chapter 433A / Section 433A.155
Petition for order to place person on mental health crisis hold; issuance and delivery of order
Status: in_force

1. A person listed in subsection 2 may petition a district court for an order requiring any peace officer to place a person alleged to be in a mental health crisis on a mental health crisis hold pursuant to NRS 433A.160 .

2. A petition pursuant to subsection 1 may be made by: (a) An officer authorized to make arrests in the State of Nevada; (b) A physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse; (c) The spouse, parent, adult child or legal guardian of a person alleged to be a person in a mental health crisis; (d) A person who is providing case management, support and supervision to a person who has been conditionally released pursuant to NRS 433A.380 , including, without limitation, a member of the staff of a community treatment program, social services agency, mobile crisis team or multi-disciplinary team that is providing case management, support and supervision to the person who is the subject of the petition; or (e) Any other person who has a legitimate interest in a person alleged to be a person in a mental health crisis.

3. The district court may issue an order to place a person alleged to be in a mental health crisis on a mental health crisis hold only if it is satisfied that there is probable cause to believe that the person who is the subject of the petition is a person in a mental health crisis. If the district court issues such an order, the court shall ensure the delivery of the order to the sheriff of the county. The sheriff shall: (a) Provide the order to the public or private mental health facility or hospital to which the person placed on a mental health crisis hold is transported; or (b) Arrange for the person who transports the person placed on a mental health crisis hold to a public or private mental health facility or hospital to provide the order to the facility or hospital.
Nev. Rev. Stat. § 435.485 — NV Code / Title 39 / Chapter 435 / Section 435.485
Acceptance by Department of money from other sources
Status: in_force

For the purposes of this chapter, the Department may accept:

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

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

3. Money and contributions made available by a public or private corporation, a private foundation, an individual or a group of individuals.
Nev. Rev. Stat. § 433.724 — NV Code / Title 39 / Chapter 433 / Section 433.724
“Substance use disorder prevention coalition” defined
Status: in_force

“ Substance use disorder prevention coalition ” means a coalition of persons and entities who possess knowledge and experience related to the prevention of substance use and substance use disorders in a region of this State.
Nev. Rev. Stat. § 433A.680 — NV Code / Title 39 / Chapter 433A / Section 433A.680
Payment of costs of medical services rendered by person not on staff of facility of Division
Status: in_force

The expense of diagnostic, medical and surgical services furnished to a consumer admitted to a division facility by a person not on the staff of the facility, whether rendered while the consumer is in a hospital, an outpatient of a hospital or treated outside any hospital, must be paid by the consumer, the guardian or relatives responsible pursuant to NRS 433A.610 for the consumer's care. In the case of an indigent consumer or a consumer whose estate is inadequate to pay the expenses, the expenses must be charged to the county from which the admission to the division facility was made, if the consumer had, before admission, been a resident of that county. The expense of such diagnostic, medical and surgical services must not in any case be a charge against or paid by the State of Nevada, except when in the opinion of the administrative officer of the division mental health facility to which the consumer is admitted payment should be made for nonresident indigent consumers and money is authorized pursuant to NRS 433.374 or 433B.230 and the money is authorized in approved budgets.
Nev. Rev. Stat. § 433.541 — NV Code / Title 39 / Chapter 433 / Section 433.541
Disposition of personal property of consumer upon death
Status: in_force

Whenever any person admitted to a division facility dies, the administrative officer shall send written notice to the decedent's legally appointed representative, listing the personal property remaining in the custody or possession of the facility. If there is no demand made upon the administrative officer of the facility by the decedent's legally appointed representative, all personal property of the decedent remaining in the custody or possession of the administrative officer must be held by the officer for a period of 1 year from the date of the decedent's death for the benefit of the heirs, legatees or successors of the decedent. At the end of this period, another notice must be sent to the decedent's representative, listing the property and specifying the manner in which the property will be disposed of if not claimed within 15 business days. After 15 business days, all personal property and documents of the decedent, other than cash, remaining unclaimed in the possession of the administrative officer must be disposed of as follows:

1. All documents must be filed by the administrative officer with: (a) The public administrator of the county from which the consumer was admitted; or (b) If the office of public administrator has been abolished pursuant to NRS 253.125 , the person employed or contracted with pursuant to NRS 253.125 to carry out the duties and responsibilities of chapter 253 of NRS in the county from which the consumer was admitted, as applicable.

2. All other personal property must be sold at a public auction or by sealed bids. The proceeds of the sale must be applied to the decedent's unpaid balance for costs incurred at the division facility.
Nev. Rev. Stat. § 435.007 — NV Code / Title 39 / Chapter 435 / Section 435.007
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires:

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

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

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

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

5. “ Developmental disability ” means autism, cerebral palsy, epilepsy, a fetal alcohol spectrum disorder or any other neurological condition diagnosed by a qualified professional that: (a) Is manifested before the person affected attains the age of 22 years; (b) Is likely to continue indefinitely; (c) Results in substantial functional limitations, as measured by a qualified professional, in three or more of the following areas of major life activity: (1) Taking care of oneself; (2) Understanding and use of language; (3) Learning; (4) Mobility; (5) Self-direction; and (6) Capacity for independent living; and (d) Results in the person affected requiring a combination of individually planned and coordinated services, support or other assistance that is lifelong or has an extended duration.

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

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

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

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

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

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

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

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

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

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

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

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

18. “ Training ” means a program of services directed primarily toward enhancing the health, welfare and development of persons with intellectual disabilities or persons with developmental disabilities through the process of providing those experiences that will enable the person to: (a) Develop his or her physical, intellectual, social and emotional capacities to the fullest extent; (b) Live in an environment that is conducive to personal dignity; and (c) Continue development of those skills, habits and attitudes essential to adaptation in contemporary society.

19. “ Treatment ” means any combination of procedures or activities, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility.
Nev. Rev. Stat. § 433.549 — NV Code / Title 39 / Chapter 433 / Section 433.549
Use of physical, mechanical or chemical restraint on consumer by person employed by facility prohibited; exceptions
Status: in_force

A person employed by a facility or any other person shall not:

1. Except as otherwise provided in NRS 433.5493 , use physical restraint on a person with a disability who is a consumer.

2. Except as otherwise provided in NRS 433.5496 and 433.5499 , use mechanical restraint on a person with a disability who is a consumer.

3. Except as otherwise provided in NRS 433.5503 , use chemical restraint on a person with a disability who is a consumer.
Nev. Rev. Stat. § 433.429 — NV Code / Title 39 / Chapter 433 / Section 433.429
Creation; membership; terms; meetings; Chair
Status: in_force

1. A regional behavioral health policy board is hereby created for each behavioral health region.

2. Each policy board consists of not less than 7 members and not more than 13 members appointed pursuant to this section.

3. The Speaker of the Assembly shall appoint to each policy board one member who represents the criminal justice system.

4. The Majority Leader of the Senate shall appoint to each policy board one member who represents law enforcement agencies and who has experience with and knowledge of matters relating to persons in need of behavioral health services.

5. The Governor shall appoint to each policy board one member who has extensive experience in the delivery of social services in the field of behavioral health, including, without limitation, directors or officers of social service agencies in the behavioral health region.

6. The Legislative Commission shall appoint to each policy board one member who is a Legislator.

7. The Administrator shall appoint to each policy board: (a) One member who represents the interests of hospitals, residential long-term care facilities or facilities that provide acute inpatient behavioral health services; (b) One member who represents the interests of administrators or counselors who are employed at facilities for the treatment of alcohol or other substance use disorders; and (c) One member who represents providers of emergency medical services or fire services and who has experience providing emergency services to behavioral health patients, which may include, without limitation, a paramedic or physician.

8. The members appointed to a policy board pursuant to subsections 2 to 7, inclusive, may appoint to the policy board: (a) One member who represents the interests of community-based organizations which provide behavioral health services. (b) One member who represents the interests of owners or administrators of residential treatment facilities, transitional housing or other housing for persons with a mental illness or persons who have an alcohol or other substance use disorder. (c) One member who is a health officer of a county or who holds a position with similar duties or, if no such person is available, an employee of a city, county or Indian tribe who has experience in the field of public health. (d) One member who is a psychiatrist or a psychologist who holds the degree of doctor of psychology, has clinical experience and is licensed to practice in this State or, if no such person is available, a provider of health care, as defined in NRS 629.031 , who has experience working with persons with a mental illness or persons who have an alcohol or other substance use disorder. (e) One member who represents private or public insurers who offer coverage for behavioral health services or, if no such person is available, another person who has experience in the field of insurance or working with insurers. (f) One member who has received behavioral health services in this State, including, without limitation, services for substance use disorders, or a family member of such a person or, if such a person is not available, a person who represents the interests of behavioral health patients or the families of behavioral health patients.

9. If the members of a policy board described in subsections 2 to 7, inclusive, appoint both a member described in paragraph (a) of subsection 8 and a member described in paragraph (b) of subsection 8, at least one of those members must be a behavioral health professional who has experience in evaluating and treating children.

10. In making appointments, preference must be given to persons who reside in the behavioral health region served by the policy board.

11. Each member of the policy board serves without compensation for a term of 2 years and may be reappointed. The appointing authority may remove a member from the policy board if the appointing authority determines the member has neglected his or her duties.

12. If a vacancy occurs during the term of: (a) A member who was appointed pursuant to subsection 2, 3, 4, 5 or 6, the vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term. (b) A member who was appointed pursuant to subsection 7, the policy board shall, by majority vote, appoint a member to fill the vacancy for the remainder of the unexpired term. (c) A member who was appointed pursuant to subsection 8, the policy board may, by majority vote, appoint a member to fill the vacancy for the remainder of the unexpired term.

13. Each policy board shall meet not later than 60 days after all appointments to such board have been made and elect one member of the policy board to act as the Chair for the biennium. The Director of the Department or his or her designee shall preside over the election of the Chair for each policy board at each board's first meeting. Except as otherwise provided in subsection 14, each policy board shall thereafter meet at least quarterly at the call of the Chair.

14. A policy board is not required to meet during any legislative session. If a policy board meets during a legislative session, the member of the policy board who is a Legislator is excused from attendance.

15. As used in this section, “ social services agency ” means any public agency or organization that provides social services in this State, including, without limitation, welfare and health care services.
Nev. Rev. Stat. § 433.5466 — NV Code / Title 39 / Chapter 433 / Section 433.5466
“Emergency” defined
Status: in_force

“Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.
Nev. Rev. Stat. § 433.462 — NV Code / Title 39 / Chapter 433 / Section 433.462
“Rights” defined
Status: in_force

“ Rights ” includes, without limitation, all rights provided to a consumer pursuant to NRS 433.456 to 433.536 , inclusive, and any regulations adopted pursuant thereto.
Nev. Rev. Stat. § 433.394 — NV Code / Title 39 / Chapter 433 / Section 433.394
Acceptance by Department of money from other sources
Status: in_force

For the purposes of chapters 433 to 433C, inclusive, of NRS, the Department may accept:

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

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

3. Moneys and contributions made available by a public or private corporation, a private foundation, an individual or a group of individuals.
Nev. Rev. Stat. § 435.645 — NV Code / Title 39 / Chapter 435 / Section 435.645
Abuse of consumer; failure to report abuse; possession or use of intoxicating beverage or controlled substance; transaction with consumer; aiding escape of consumer; penalties
Status: in_force

1. An employee of a public or private facility offering services for persons with intellectual disabilities or persons with developmental disabilities or any other person, except a consumer, who: (a) Has reason to believe that a consumer of the Division or of a private facility offering services for consumers with intellectual disabilities or consumers with developmental disabilities has been or is being abused or neglected and fails to report it; (b) Brings intoxicating beverages or a controlled substance into any division facility occupied by consumers unless specifically authorized to do so by the administrative officer or a staff physician of the facility; (c) Is under the influence of liquor or a controlled substance while employed in contact with consumers, unless in accordance with a lawfully issued prescription; (d) Enters into any transaction with a consumer involving the transfer of money or property for personal use or gain at the expense of the consumer; or (e) Contrives the escape, elopement or absence of a consumer, is guilty of a misdemeanor, in addition to any other penalties provided by law.

2. In addition to any other penalties provided by law, an employee of a public or private facility offering services for persons with intellectual disabilities or persons with developmental disabilities or any other person, except a consumer, who willfully abuses or neglects a consumer: (a) For a first violation that does not result in substantial bodily harm to the consumer, is guilty of a gross misdemeanor. (b) For a first violation that results in substantial bodily harm to the consumer, is guilty of a category B felony. (c) For a second or subsequent violation, is guilty of a category B felony. A person convicted of a category B felony pursuant to this section shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

3. A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if the person is an officer or employee of the State, the person forfeits his or her office or position.

4. A conviction pursuant to this section is, when applicable, grounds for disciplinary action against the person so convicted and the facility where the violation occurred. The Division may recommend to the appropriate agency or board the suspension or revocation of the professional license, registration, certificate or permit of a person convicted pursuant to this section.

5. For the purposes of this section: (a) “ Abuse ” means any willful and unjustified infliction of pain, injury or mental anguish upon a consumer, including, but not limited to: (1) The rape, sexual assault or sexual exploitation of the consumer; (2) The use of any type of aversive intervention; (3) Except as otherwise provided in NRS 433.5486 , a violation of NRS 433.549 ; and (4) The use of physical, chemical or mechanical restraints or the use of seclusion in violation of federal law. Any act which meets the standard of practice for care and treatment does not constitute abuse. (b) “ Consumer ” includes any person who seeks, on the person's own or others' initiative, and can benefit from, care, treatment and training in a public or private institution or facility offering services for persons with intellectual disabilities or persons with developmental disabilities. (c) “ Neglect ” means any omission to act which causes injury to a consumer or which places the consumer at risk of injury, including, but not limited to, the failure to follow: (1) An appropriate plan of treatment to which the consumer has consented; and (2) The policies of the facility for the care and treatment of consumers. Any omission to act which meets the standard of practice for care and treatment does not constitute neglect. (d) “ Standard of practice ” means the skill and care ordinarily exercised by prudent professional personnel engaged in health care.
Nev. Rev. Stat. § 435.605 — NV Code / Title 39 / Chapter 435 / Section 435.605
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. § 433A.260 — NV Code / Title 39 / Chapter 433A / Section 433A.260
Transfer of case to county where persons to conduct examination are available; expense of proceedings paid by county of residence of person to be admitted
Status: in_force

1. If a petition is filed pursuant to NRS 433A.200 with the clerk of the district court in a county where the examining personnel required pursuant to NRS 433A.240 are not available, the district court must transfer the case to the nearest county having such examining personnel available before any hearing on the petition and not later than 1 judicial day after the petition was filed. Not later than 6 days after a case is transferred to a district court pursuant to this subsection, that district court shall: (a) Set a time, date and place for its hearing in accordance with NRS 433A.220 ; and (b) Appoint counsel for the person, if required by NRS 433A.270 .

2. The entire expense of proceedings for involuntary court-ordered admission shall be paid by the county where the person to be admitted resides.
Nev. Rev. Stat. § 433B.140 — NV Code / Title 39 / Chapter 433B / Section 433B.140
Coordination with Administrator of Division of Public and Behavioral Health: Compliance with agreements and Interstate Compact on Mental Health; acceptance for admission to division facility
Status: in_force

The Administrator shall:

1. Comply with any agreements made by the Administrator of the Division of Public and Behavioral Health of the Department pursuant to NRS 433.444 and, if applicable, the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543 ; 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 of the Division of Public and Behavioral Health of the Department pursuant to NRS 433.444 and, if applicable, the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543 .
Nev. Rev. Stat. § 433.5499 — NV Code / Title 39 / Chapter 433 / Section 433.5499
Use of mechanical restraint on consumer of forensic facility; requirements; exceptions; report as denial of rights
Status: in_force

1. Except as otherwise provided in subsection 3, mechanical restraint may be used on a person with a disability who is a consumer of a forensic facility only if: (a) An emergency exists that necessitates the use of the mechanical restraint; (b) The consumer's behavior presents an imminent threat of causing physical injury to himself or herself or to others or causing severe property damage and less restrictive measures have failed to modify the consumer's behavior; (c) The consumer is in the care of the facility but not on the premises of the facility and mechanical restraint is necessary to ensure security; or (d) The consumer is in the process of being transported to another location and mechanical restraint is necessary to ensure security.

2. If mechanical restraint is used pursuant to subsection 1, the forensic facility shall ensure that: (a) The mechanical restraint is applied by a member of the staff of the facility who is trained and qualified to apply mechanical restraint; (b) A member of the staff of the facility continuously monitors the consumer during the time that mechanical restraint is used on the consumer; (c) The record of the consumer contains a notation that indicates the time period during which the restraint was used and the circumstances warranting the restraint; and (d) The mechanical restraint is used only for the period that is necessary.

3. Mechanical restraint may be used on a person with a disability who is a consumer of a forensic facility, and the provisions of subsections 1 and 2 do not apply if the mechanical restraint is used to: (a) Treat the medical needs of a consumer; (b) Protect a consumer who is known to be at risk of injury to himself or herself because the consumer lacks coordination or suffers from frequent loss of consciousness; (c) Provide proper body alignment to a consumer; or (d) Position a consumer who has physical disabilities in a manner prescribed in the consumer's plan of services.

4. If mechanical restraint is used in an emergency on a person with a disability who is a consumer of a forensic facility, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610 , as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

5. As used in this section, “ forensic facility ” means a secure facility of the Division for offenders and defendants with a mental disorder who are ordered to the facility pursuant to chapter 178 of NRS.
Nev. Rev. Stat. § 433A.197 — NV Code / Title 39 / Chapter 433A / Section 433A.197
Requirements for and limitations on forms, applications and certificates
Status: in_force

1. A form or certificate authorized under subsection 1 of NRS 433A.160 or NRS 433A.170 or 433A.195 must not be accepted or considered if made by a psychologist, physician, physician assistant, clinical social worker or advanced practice registered nurse who is related by blood or marriage within the second degree of consanguinity or affinity to the person alleged to be a person in a mental health crisis, or who is financially interested in the facility in which the person alleged to be a person in a mental health crisis is to be detained.

2. An application or certificate of any examining person authorized under NRS 433A.170 must not be considered unless it is based on personal observation and examination of the person alleged to be a person in a mental health crisis made by such examining person not more than 72 hours prior to the making of the application or certificate. The certificate required pursuant to NRS 433A.170 must set forth in detail the facts and reasons on which the examining person based his or her opinions and conclusions.

3. A certificate authorized pursuant to NRS 433A.195 must not be considered unless it is based on personal observation and examination of the person alleged to be a person in a mental health crisis made by the examining physician, physician assistant, psychologist, clinical social worker or advanced practice registered nurse. The certificate authorized pursuant to NRS 433A.195 must describe in detail the facts and reasons on which the examining physician, physician assistant, psychologist, clinical social worker or advanced practice registered nurse based his or her opinions and conclusions.
Nev. Rev. Stat. § 433.427 — NV Code / Title 39 / Chapter 433 / Section 433.427
“Policy board” defined
Status: in_force

“ Policy board ” means a regional behavioral health policy board created by NRS 433.429 .
Nev. Rev. Stat. § 435.630 — NV Code / Title 39 / Chapter 435 / Section 435.630
Disposition of unclaimed personal property of consumer worth more than $100
Status: in_force

If a person admitted to a division facility is discharged or leaves and the person fails to recover personal property worth more than $100 in the custody of the administrative officer of the facility, the administrative officer shall notify the former consumer or the consumer's legal representative in writing that personal property remains in the custody of the facility. The property must be held in safekeeping for the consumer for a period of 1 year from the date of discharge. If upon the expiration of the 1-year period no claim has been made upon the administrative officer by the person or the person's legal representative, another notice must be sent to the person or the person's legal representative, stating that personal property remains in the custody of the facility, and specifying the manner in which the property will be disposed of if not claimed within 15 business days. After 15 business days, the property may be considered unclaimed property and be disposed of in the manner provided for unclaimed property of deceased persons under the provisions of NRS 435.625 .
Nev. Rev. Stat. § 435.465 — NV Code / Title 39 / Chapter 435 / Section 435.465
Contracts for cooperation with governmental agencies and others
Status: in_force

For the purposes of this chapter, the Department through the Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual or a group of individuals. Such contracts or agreements may include provisions whereby the Division will render services, the payment for which will be reimbursed directly to the Division's budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.
Nev. Rev. Stat. § 435.305 — NV Code / Title 39 / Chapter 435 / Section 435.305
Conditions under which provider of services may enter into arrangement to provide for employment of person under 25 years of age for less than state minimum wage; regulations concerning documentation
Status: repealed

<NRS 435.305 repealed effective Jan. 1, 2028. >

1. Except as otherwise provided in subsection 3, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310 , inclusive, may enter into a contract or other arrangement with any person or governmental entity to provide for the employment of a person under 25 years of age under which the person will be paid less than the state minimum wage if the person was: (a) Employed on July 22, 2016, by an entity that holds a valid certificate pursuant to 29 U.S.C. § 214(c) ; or (b) Before beginning such employment, the person has: (1) Received preemployment transition services available under the provisions of 29 U.S.C. § 733 or transition services under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. ; (2) Received career counseling, information and referrals to federal and state programs and other resources in the geographic area in which the person resides that offer services and supports that are designed to enable the person to attain competitive integrated employment and meet the requirements of subsection 2; and (3) Applied for vocational rehabilitation services under the provisions of 29 U.S.C. §§ 720 to 751 , inclusive, and been found: (I) Ineligible for such services; or (II) Eligible for such services and has an individualized plan for employment pursuant to 29 U.S.C. § 722 , has been working, with appropriate supports and services, toward an employment outcome specified in that plan without success and the person's vocational rehabilitation case has been closed.

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

3. A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310 , inclusive, shall not enter into a contract or other arrangement described in subsection 1 on or after January 1, 2025.

4. Except as otherwise provided in subsection 5, if a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310 , inclusive, enters into a contract or other arrangement described in subsection 1: (a) The Division shall, at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment, provide the person employed pursuant to the arrangement with career counseling, information and referrals as described in subparagraph (2) of paragraph (b) of subsection 1 in a manner that facilitates independent decisions and informed choice; and (b) The employer of the person shall, at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment, inform the person of opportunities in the geographic area in which the person resides to receive training concerning self-advocacy, self-determination and peer mentoring that is provided by a person or entity that does not have a financial interest in the employment outcome of the person.

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

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

7. An employer who employs a person pursuant to a contract or other arrangement described in subsection 1 shall: (a) Before the employment begins, verify that the person meets the requirements of subsection 1 by reviewing the documentation prescribed for that purpose pursuant to subsection 6; (b) For the duration of the employment: (1) Verify that the person has received the services required by subsection 4 by reviewing the documentation prescribed for that purpose pursuant to subsection 6; and (2) Maintain on file a copy of the documentation reviewed pursuant to subparagraph (1) and paragraph (a).

8. The Division may inspect the documentation maintained pursuant to subparagraph (2) of paragraph (b) of subsection 7 as necessary to ensure compliance with the requirements of this section.
Nev. Rev. Stat. § 433B.130 — NV Code / Title 39 / Chapter 433B / Section 433B.130
Administrator: Powers and duties
Status: in_force

1. The Administrator shall: (a) Administer, in accordance with the policies established by the Commission, the programs of the Division for the mental health of children. (b) Establish appropriate policies to ensure that children in division facilities have timely access to clinically appropriate psychotropic medication that are consistent with the provisions of NRS 432B.197 and NRS 432B.4681 to 432B.469 , inclusive, and the policies adopted pursuant thereto. (c) Upon an order of a juvenile court pursuant to NRS 62D.180 or 62D.185 , accept and provide services to a child who has been determined to be incompetent by the juvenile court.

2. The Administrator may: (a) Appoint the administrative personnel necessary to operate the programs of the Division for the mental health of children. (b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.

3. If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the Director of the Department.

4. The Administrator may enter into agreements with the Administrator of the Division of Public and Behavioral Health of the Department or with the Administrator of the Aging and Disability Services Division of the Department for the care and treatment of consumers of the Division of Child and Family Services at any facility operated by the Division of Public and Behavioral Health or the Aging and Disability Services Division, as applicable.
Nev. Rev. Stat. § 433A.011 — NV Code / Title 39 / Chapter 433A / Section 433A.011
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 433A.012 to 433A.0194 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 433.224 — NV Code / Title 39 / Chapter 433 / Section 433.224
“Treatment” defined
Status: in_force

“Treatment” means any combination of procedures or activities, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility.
Nev. Rev. Stat. § 433A.450 — NV Code / Title 39 / Chapter 433A / Section 433A.450
Detention and treatment of offender in mental health crisis
Status: in_force

When a psychiatrist and one other person professionally qualified in the field of psychiatric mental health determines that an offender confined in an institution of the Department of Corrections is a person in a mental health crisis, the Director of the Department of Corrections shall apply to the Administrator for the offender's detention and treatment at a division facility selected by the Administrator. If the Administrator determines that adequate security or treatment is not available in a division facility, the Administrator shall provide, within the resources available to the Division and as the Administrator deems necessary, consultation and other appropriate services for the offender at the place where the offender is confined. It is the Director's decision whether to accept such services.
Nev. Rev. Stat. § 435.595 — NV Code / Title 39 / Chapter 435 / Section 435.595
Labor by consumer: Conditions; compensation
Status: in_force

1. A consumer may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if: (a) The consumer voluntarily agrees to perform the labor; (b) Engaging in the labor is not inconsistent with and does not interfere with the plan of services for the consumer; (c) The person responsible for the consumer's treatment agrees to the plan of labor; and (d) The amount of time or effort necessary to perform the labor is not excessive. In no event may discharge or privileges be conditioned upon the performance of such labor.

2. A consumer who performs labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone must be adequately compensated and the compensation must be in accordance with applicable state and federal labor laws.

3. A consumer who performs labor other than that described in subsection 2 must be compensated an adequate amount if an economic benefit to another person or agency results from the consumer's labor.

4. The administrative officer of the facility may provide for compensation of a resident when the resident performs labor not governed by subsection 2 or 3.

5. This section does not apply to labor of a personal housekeeping nature or to labor performed as a condition of residence in a small group living arrangement.

6. One-half of any compensation paid to a consumer pursuant to this section is exempt from collection or retention as payment for services rendered by the Division or its facilities. Such an amount is also exempt from levy, execution, attachment, garnishment or any other remedies provided by law for the collection of debts.
Nev. Rev. Stat. § 433.5493 — NV Code / Title 39 / Chapter 433 / Section 433.5493
Use of physical restraint on consumer; requirements; exceptions; report as denial of rights
Status: in_force

1. Except as otherwise provided in subsection 2, physical restraint may be used on a person with a disability who is a consumer only if: (a) An emergency exists that necessitates the use of physical restraint; (b) The physical restraint is used only for the period that is necessary to contain the behavior of the consumer so that the consumer is no longer an immediate threat of causing physical injury to himself or herself or others or causing severe property damage; and (c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a person with a disability who is a consumer and the provisions of subsection 1 do not apply if the physical restraint is used to: (a) Assist the consumer in completing a task or response if the consumer does not resist the application of physical restraint or if the consumer's resistance is minimal in intensity and duration; (b) Escort or carry a consumer to safety if the consumer is in danger in his or her present location; or (c) Conduct medical examinations or treatments on the consumer that are necessary.

3. If physical restraint is used on a person with a disability who is a consumer in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610 , as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.
Nev. Rev. Stat. § 433.5456 — NV Code / Title 39 / Chapter 433 / Section 433.5456
“Chemical restraint” defined
Status: in_force

“ Chemical restraint ” means the administration of drugs to a person for the specific and exclusive purpose of controlling an acute or episodic behavior that places the person or others at a risk of harm when less restrictive alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs prescribed by a physician, physician assistant or advanced practice registered nurse as standard treatment for the mental or physical condition of the person.
Nev. Rev. Stat. § 433.024 — NV Code / Title 39 / Chapter 433 / Section 433.024
“Administrator” defined
Status: in_force

“Administrator” means the Administrator of the Division.
Nev. Rev. Stat. § 433.5453 — NV Code / Title 39 / Chapter 433 / Section 433.5453
“Aversive intervention” defined
Status: in_force

“Aversive intervention” means any of the following actions if the action is used to punish a person with a disability or to eliminate, reduce or discourage maladaptive behavior of a person with a disability:

1. The use of noxious odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. Requiring a person to perform exercise under forced conditions if the: (a) Person is required to perform the exercise because the person exhibited a behavior that is related to his or her disability; (b) Exercise is harmful to the health of the person because of his or her disability; or (c) Nature of the person's disability prevents the person from engaging in the exercise;

8. Any intervention, technique or procedure that deprives a person of the use of one or more of his or her senses, regardless of the length of the deprivation, including, without limitation, the use of sensory screens; or

9. The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation, including, without limitation, the denial or unreasonable delay in the provision of: (a) Food or liquid at a time when it is customarily served; or (b) Medication.
Nev. Rev. Stat. § 433.494 — NV Code / Title 39 / Chapter 433 / Section 433.494
Individualized plan of services for consumer
Status: in_force

1. An individualized written plan of mental health services must be developed for each consumer of each facility. The plan must: (a) Provide for the least restrictive treatment procedure that may reasonably be expected to benefit the consumer; and (b) Be developed with the input and participation of: (1) The consumer, to the extent that he or she is able to provide input and participate; and (2) To the extent that the consumer is unable to provide input and participate, the parent or guardian of the consumer if the consumer is under 18 years of age and is not legally emancipated, or the legal guardian of a consumer who has been adjudicated incapacitated.

2. The plan must be kept current and must be modified, with the input and participation of the consumer, the parent or guardian of the consumer or the legal guardian of the consumer, as appropriate, when indicated. The plan must be thoroughly reviewed at least once every 3 months.

3. The person in charge of implementing the plan of services must be designated in the plan.
Nev. Rev. Stat. § 433A.250 — NV Code / Title 39 / Chapter 433A / Section 433A.250
Evaluation team: Establishment; composition; fees
Status: in_force

1. The Administrator shall establish such evaluation teams as are necessary to aid the courts under NRS 433A.240 and 433A.310 .

2. Each team must be composed of a psychiatrist and other persons professionally qualified in the field of psychiatric mental health who are representative of the Division, selected from personnel in the Division.

3. Fees for the evaluations must be established and collected as set forth in NRS 433.414 or 433B.260 , as appropriate.
Nev. Rev. Stat. § 433.456 — NV Code / Title 39 / Chapter 433 / Section 433.456
Definitions
Status: in_force

As used in NRS 433.456 to 433.536 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 433.458 , 433.461 and 433.462 have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 433C.110 — NV Code / Title 39 / Chapter 433C / Section 433C.110
Purposes of chapter
Status: in_force

The Legislature declares that the purposes of this chapter are:

1. To encourage and provide financial assistance to counties in the establishment and development of mental health services, including services to persons with intellectual disabilities and persons with developmental disabilities, through locally controlled community mental health programs.

2. To promote the improvement and, if necessary, the expansion of already existing services which help to conserve the mental health of the people of Nevada. It is the intent of this chapter that services to individuals be rendered only upon voluntary application.
Nev. Rev. Stat. § 435.122 — NV Code / Title 39 / Chapter 435 / Section 435.122
Voluntary admission
Status: in_force

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

2. If the person or a responsible party on behalf of the person objects to voluntary admission, the procedure for involuntary admission may be followed.
Nev. Rev. Stat. § 435.412 — NV Code / Title 39 / Chapter 435 / Section 435.412
Administrative officer: Powers and duties
Status: in_force

The administrative officers have the following powers and duties, subject to the administrative supervision of the Administrator:

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

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

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

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

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

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

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

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

9. To assume responsibility for the nonmedical care and treatment of consumers if that responsibility has not been delegated.
Nev. Rev. Stat. § 433A.320 — NV Code / Title 39 / Chapter 433A / Section 433A.320
Clinical abstract to accompany order
Status: in_force

The order for involuntary court-ordered admission of any person to a public or private mental health facility must be accompanied by a clinical abstract, including a history of illness, diagnosis, treatment and the names of relatives or correspondents.
Nev. Rev. Stat. § 435.370 — NV Code / Title 39 / Chapter 435 / Section 435.370
Programs for residential placement and foster care by families
Status: in_force

The Division may make such rules and regulations and enter such agreements with public and private agencies as are deemed necessary to implement residential placement-foster family care programs for persons with intellectual disabilities or persons with developmental disabilities.
Nev. Rev. Stat. § 433.626 — NV Code / Title 39 / Chapter 433 / Section 433.626
“Peer recovery support services” defined
Status: in_force

“ Peer recovery support services ” means nonclinical supportive services that use lived experience in recovery from a substance use disorder or other behavioral health disorder to promote recovery in another person with a substance use disorder or other behavioral health disorder by advocating, mentoring, educating, offering hope and providing assistance in navigating systems.
Nev. Rev. Stat. § 435.309 — NV Code / Title 39 / Chapter 435 / Section 435.309
Advocacy by third party for certain workers earning less than state minimum wage
Status: in_force

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

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

2. Upon request of a person with an intellectual disability or person with a developmental disability, the Division shall assist the person in finding an independent advocate to perform the functions described in subsection 1.
Nev. Rev. Stat. § 435.350 — NV Code / Title 39 / Chapter 435 / Section 435.350
Rights of person admitted to division facility
Status: in_force

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

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

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

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

5. The Commission on Behavioral Health has such powers and duties with respect to reports of denial of rights as are enumerated for the Commission on Behavioral Health in subsection 3 of NRS 435.610 .
Nev. Rev. Stat. § 433A.090 — NV Code / Title 39 / Chapter 433A / Section 433A.090
Revolving Account for Northern Nevada Adult Mental Health Services
Status: in_force

There is hereby created a Revolving Account for Northern Nevada Adult Mental Health Services in the sum of $7,500, which may be used for the payment of bills requiring immediate payment and for no other purpose. The Administrative Officer shall deposit the Revolving Account in one or more banks or credit unions of reputable standing. Payments made from the Revolving Account must be promptly reimbursed from money appropriated for Northern Nevada Adult Mental Health Services as other claims against the State are paid.
Nev. Rev. Stat. § 433A.0145 — NV Code / Title 39 / Chapter 433A / Section 433A.0145
“Consumer” defined
Status: in_force

“ Consumer ” means any person who, whether voluntarily or involuntarily, seeks and can benefit from care, treatment and training:

1. In a public or private mental health facility or other public or private facility offering mental health services; or

2. From a person professionally qualified in the field of psychiatric mental health who provides assisted outpatient treatment.
Nev. Rev. Stat. § 433.632 — NV Code / Title 39 / Chapter 433 / Section 433.632
Regulations; fees
Status: in_force

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

1. The Board shall adopt regulations governing the provision of peer recovery support services. The regulations must prescribe: (a) The requirements for the issuance and renewal of a certificate as a peer recovery support specialist or peer recovery support specialist supervisor, which must include, without limitation, required training and experience for peer recovery support specialists and peer recovery support specialist supervisors. (b) Requirements governing the supervision of peer recovery support specialists by peer recovery support specialist supervisors. (c) Procedures for the Division to investigate misconduct by a peer recovery support specialist or peer recovery support specialist supervisor and to impose disciplinary action for such misconduct. (d) The forms of disciplinary action that the Division may impose against a peer recovery support specialist or peer recovery support specialist supervisor.

2. The Board may, by regulation, prescribe a fee for: (a) The issuance of a certificate; and (b) The renewal of a certificate.

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

4. The regulations adopted pursuant to this section may establish exemptions from the provisions of NRS 433.631 .
Nev. Rev. Stat. § 433B.030 — NV Code / Title 39 / Chapter 433B / Section 433B.030
“Administrator” defined
Status: in_force

“Administrator” means the Administrator of the Division.
Nev. Rev. Stat. § 433.265 — NV Code / Title 39 / Chapter 433 / Section 433.265
Licensing or certification of certain employees of Division
Status: in_force

Any person employed by the Division as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, registered nurse or social worker must be licensed or certified by the appropriate state licensing board for his or her respective profession.
Nev. Rev. Stat. § 435.335 — NV Code / Title 39 / Chapter 435 / Section 435.335
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 personnel, methods of operation, policies and purposes of any natural person, partnership, firm, corporation, association, state or local government or agency thereof proposing to provide supported living arrangement services;

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

3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 435.3305 to 435.339 , inclusive.
Nev. Rev. Stat. § 435.620 — NV Code / Title 39 / Chapter 435 / Section 435.620
Personal deposit funds for consumers
Status: reserved

1. There may be maintained as a trust fund at each division facility a consumers' personal deposit fund.

2. Money coming into the possession of the administrative officer of a division facility which belongs to a consumer must be credited in the fund in the name of that consumer.

3. When practicable, individual credits in the fund must not exceed the sum of $300.

4. Any amounts to the credit of a consumer may be used for purchasing personal necessities, for expenses of burial or may be turned over to the consumer upon the consumer's demand, except that when the consumer is adjudicated incapacitated the guardian of the consumer's estate has the right to demand and receive the money.

5. An amount accepted for the benefit of a consumer for a special purpose must be reserved for that purpose regardless of the total amount to the credit of the consumer.

6. Except as otherwise provided in subsection 7, the administrative officers shall deposit any money received for the funds of their respective facilities in commercial accounts with one or more banks or credit unions of reputable standing. When deposits in a commercial account exceed $15,000, the administrative officer may deposit the excess in a savings account paying interest in any reputable commercial bank, or in any credit union, savings and loan association or savings bank within this state that is federally insured or insured by a private insurer approved pursuant to NRS 672.755 . The savings account must be in the name of the fund. Interest paid on deposits in the savings account may be used for recreational purposes at the division facility.

7. The administrative officers may maintain at their respective division facilities petty cash of not more than $400 of the money in the consumers' personal deposit fund to enable consumers to withdraw small sums from their accounts.
Nev. Rev. Stat. § 433.806 — NV Code / Title 39 / Chapter 433 / Section 433.806
Required considerations before placing person with mental illness or person with developmental disability
Status: in_force

1. Any person or entity, including, without limitation, the Division, that determines the placement of a person with a mental illness or a person with a developmental disability in a mental health facility, medical facility, facility for the dependent or any other placement shall, when making such a determination, consider whether the mental health facility, medical facility, facility for the dependent or other placement is capable of: (a) Adequately addressing the needs of the person for care and services, including, without limitation, the administration of medication; and (b) Ensuring the safety of the person in the event of a fire or other emergency.

2. As used in this section: (a) “ Facility for the dependent ” has the meaning ascribed to it in NRS 449.0045 . (b) “ Medical facility ” has the meaning ascribed to it in NRS 449.0151 .
Nev. Rev. Stat. § 433.5503 — NV Code / Title 39 / Chapter 433 / Section 433.5503
Use of chemical restraint on consumer; requirements; report as denial of rights
Status: in_force

1. Chemical restraint may only be used on a person with a disability who is a consumer if: (a) The consumer has been deemed to be a person in a mental health crisis, as defined in NRS 433A.0175 , and is receiving mental health services from a facility; (b) The chemical restraint is administered to the consumer while he or she is under the care of the facility; (c) An emergency exists that necessitates the use of chemical restraint; (d) A medical order authorizing the use of chemical restraint is obtained from the consumer's attending physician, psychiatrist or advanced practice registered nurse; (e) The physician, psychiatrist or advanced practice registered nurse who signed the order required pursuant to paragraph (d) examines the consumer not later than 1 working day immediately after the administration of the chemical restraint; and (f) The chemical restraint is administered by a person licensed to administer medication.

2. If chemical restraint is used on a person with a disability who is a consumer, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610 , as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.
Nev. Rev. Stat. § 433.708 — NV Code / Title 39 / Chapter 433 / Section 433.708
Surcharge on certain communications lines; Crisis Response Account; use of money in Account; acceptance of gifts, grants and donations; report
Status: in_force

1. The State Board of Health shall impose a surcharge of 35 cents for each line on: (a) Each access line of each customer of a company that provides commercial mobile communication services or IP-enabled voice services in this State in accordance with 47 U.S.C. § 251a ; and (b) Each access line or trunk line of each customer to the local exchange of any telecommunications provider providing those lines in this State.

2. The companies and providers described in subsection 1 shall: (a) Collect the surcharge described in subsection 1 from their customers; and (b) Transfer the money collected to the Division on or before the last day of the month immediately following the month to which the surcharge applies.

3. The Crisis Response Account is hereby created in the State General Fund. Any money collected from the surcharge imposed pursuant to subsection 1 must be deposited in the State Treasury for credit to the Account. The Division shall administer the Account. The money in the Account: (a) Must be used by the Division to carry out the provisions of NRS 433.702 to 433.710 , inclusive, to the extent authorized by 47 U.S.C. § 251a ; and (b) Must not be used to supplant existing methods of funding that are available for those purposes.

4. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

5. Any money remaining in the Account at the end of each fiscal year does not revert to the State General Fund but must be carried over into the next fiscal year.

6. The Division may accept gifts, grants and donations for the purpose of carrying out the provisions of NRS 433.702 to 433.710 , inclusive.

7. On or before April 1 of each year, the companies and providers described in subsection 1 shall report to the Division the average number of access lines and trunk lines in service which were subject to the surcharge imposed pursuant to subsection 1 for each calendar month of the immediately preceding year. Such information shall be deemed proprietary information regarding a trade secret which is subject to the provisions of NRS 333.333 .

8. As used in this section: (a) “ Access line ” means any voice connection between a customer and a carrier that provides the customer with access to telecommunication in this State and allows a customer to access the hotline described in NRS 433.704 by dialing the digits 9-8-8. (b) “ Commercial mobile communication service ” means commercial mobile service, as that term is defined in 47 U.S.C. § 251a , which is provided to a customer within this State as determined by the place of primary use, as that term is defined in 4 U.S.C. § 124 . (c) “ IP-enabled voice service ” has the meaning ascribed to it in 47 U.S.C. § 251a . (d) “ Trunk line ” means a line which provides a channel between a switchboard owned by a customer of a telecommunications provider and the local exchange of the telecommunications provider.
Nev. Rev. Stat. § 433B.100 — NV Code / Title 39 / Chapter 433B / Section 433B.100
“Treatment” defined
Status: in_force

“Treatment” means any combination of procedures or activities for the mental health of children, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility.
Nev. Rev. Stat. § 433B.205 — NV Code / Title 39 / Chapter 433B / Section 433B.205
Notification of death of consumer; burial
Status: in_force

1. Upon the death of a consumer in a division facility, any known relatives or friends of the consumer must be notified immediately of the fact of death.

2. The Administrator or the Administrator's designee shall cause a decent burial to be provided for the consumer outside the grounds of a division facility. The Administrator or the designee may enter into a contract with any person or persons, including governmental agencies or other instrumentalities, as the Administrator or the designee deems proper, for a decent burial. Where there are known relatives, and they are financially able, the cost of burial must be borne by the relatives. Where there are no known relatives, the cost of burial is a charge against the State of Nevada, except that the cost must not exceed the amount charged for the burial of indigents in the county in which the burial takes place.
Nev. Rev. Stat. § 433.444 — NV Code / Title 39 / Chapter 433 / Section 433.444
Reciprocal agreement for returning consumers to legal residence; investigation and report concerning residence
Status: in_force

1. For the purpose of facilitating the return of nonresident consumers to the state in which they have legal residence, the Administrator may enter into reciprocal agreements with the proper boards, commissioners or officers of other states for the mutual exchange of consumers confined in, admitted or committed to a mental health facility in one state whose legal residence is in the other. Such reciprocal agreements must be consistent with the provisions of chapters 433 to 433C, inclusive, of NRS, including, if applicable, the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543 .

2. The Administrator may give written permission for the return and admission to a division facility of any resident of this state when such permission is conformable to the provisions of chapters 433 to 433C, inclusive, of NRS governing admissions to a division facility, including, if applicable, the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543 .

3. The county clerk and board of county commissioners of each county, upon receiving notice from the Administrator that an application for the return of an alleged resident of this state has been received, shall promptly investigate and report to the Administrator their findings as to the legal residence of the consumer.
Nev. Rev. Stat. § 435.365 — NV Code / Title 39 / Chapter 435 / Section 435.365
Assistance to parent or other relative caring for certain persons with intellectual disabilities or developmental disabilities or young child with certain developmental delays: Eligibility; regulations; waiting list; final administrative decision
Status: in_force

1. To the extent that money is available for that purpose, whenever a person with an intellectual disability or a person with a developmental disability is cared for by a parent or other relative with whom the person lives, that parent or relative is eligible to receive assistance on a monthly basis from the Division for each such person who lives and is cared for in the home if the Division finds that: (a) The person with an intellectual disability or the person with a developmental disability has been diagnosed as having a profound or severe intellectual disability or developmental disability or, if he or she is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with a profound or severe intellectual disability or a person with a profound or severe developmental disability; (b) The person with an intellectual disability or the person with a developmental disability is receiving adequate care; and (c) The person with an intellectual disability or the person with a developmental disability and the parent or other relative with whom the person lives is not reasonably able to pay for his or her care and support. The amount of the assistance must be established by legislative appropriation for each fiscal year.

2. The Administrator shall adopt regulations: (a) Which establish a procedure of application for assistance; (b) For determining the eligibility of an applicant pursuant to subsection 1; and (c) For determining the amount of assistance to be provided to an eligible applicant.

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

4. The decision of the Administrator regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.
Nev. Rev. Stat. § 433.704 — NV Code / Title 39 / Chapter 433 / Section 433.704
Implementation of hotline; immunity from liability for telecommunications provider
Status: in_force

1. The Division shall support the implementation of a hotline for persons who are considering suicide or otherwise in a behavioral health crisis that may be accessed by dialing the digits 9-8-8 by: (a) Establishing at least one support center that meets the requirements of NRS 433.706 to answer calls to the hotline and coordinate the response to persons who access the hotline; (b) Encouraging the establishment of and, to the extent that money is available, establishing mobile crisis teams to provide community-based intervention, including, without limitation, de-escalation and stabilization, for persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline; (c) Participating in any collection of information by the Federal Government concerning the National Suicide Prevention Lifeline program; (d) Collaborating with the National Suicide Prevention Lifeline program and the Veterans Crisis Line program established pursuant to 38 U.S.C. § 1720F(h) to ensure consistent messaging to the public about the hotline; (e) Supporting the provision of crisis stabilization services at hospitals that hold endorsements as crisis stabilization centers pursuant to NRS 449.0915 ; and (f) Adopting any regulations necessary to carry out the provisions of NRS 433.702 to 433.710 , inclusive, including, without limitation: (1) Regulations establishing the qualifications of providers of services who are involved in responding to persons who are considering suicide or are otherwise in a behavioral health crisis and access the hotline; (2) Any regulations necessary to allow for communication and sharing of information between persons and entities involved in responding to crises and emergencies in this State to facilitate the coordination of care for persons who are considering suicide or are otherwise in a behavioral health crisis and access the hotline; and (3) Regulations defining the term “person professionally qualified in the field of behavioral health” for the purposes of this section.

2. A mobile crisis team established pursuant to paragraph (b) of subsection 1 must be: (a) A team based in the jurisdiction that it serves which includes persons professionally qualified in the field of behavioral health and providers of peer recovery support services; (b) A team established by a provider of emergency medical services that includes persons professionally qualified in the field of behavioral health and providers of peer recovery support services; or (c) A team established by a law enforcement agency that includes law enforcement officers, persons professionally qualified in the field of psychiatric mental health and providers of peer recovery support services.

3. A telecommunications provider and its employees, agents, subcontractors and suppliers are not liable for damages that directly or indirectly result from the installation, maintenance or provision of service in relation to the hotline implemented pursuant to this section, including, without limitation, the total or partial failure of any transmission to a support center, unless willful conduct or gross negligence is proven.

4. As used in this section, “ peer recovery support services ” means nonclinical supportive services that use lived experience in recovery from a substance use disorder or other behavioral health disorder to promote recovery in another person with a substance use disorder or other behavioral health disorder by advocating, mentoring, educating, offering hope and providing assistance in navigating systems.
Nev. Rev. Stat. § 433A.715 — NV Code / Title 39 / Chapter 433A / Section 433A.715
Court required to seal records of proceedings; petition to inspect records after sealing; request for release of records; admission to hospital, facility or assisted outpatient treatment deemed to have never occurred after sealing; disclosure of information to provider of health care
Status: in_force

1. A court shall seal all court records relating to proceedings under this chapter.

2. Except as otherwise provided in subsections 4, 5 and 6, a person or governmental entity that wishes to inspect records that are sealed pursuant to this section must file a petition with the court that sealed the records. Upon the filing of a petition, the court shall fix a time for a hearing on the matter. The petitioner must provide notice of the hearing and a copy of the petition to the person who is the subject of the records. If the person who is the subject of the records wishes to oppose the petition, the person must appear before the court at the hearing. If the person appears before the court at the hearing, the court must provide the person an opportunity to be heard on the matter.

3. After the hearing described in subsection 2, the court may order the inspection of records that are sealed pursuant to this section if: (a) A law enforcement agency must obtain or maintain information concerning persons who have been admitted to a public or private hospital or a mental health facility or received assisted outpatient treatment in this State pursuant to state or federal law; (b) A prosecuting attorney or an attorney who is representing the person who is the subject of the records in a criminal action requests to inspect the records; or (c) The person who is the subject of the records petitions the court to permit the inspection of the records by a person named in the petition.

4. A governmental entity is entitled to inspect court records that are sealed pursuant to this section without following the procedure described in subsection 2 if: (a) The governmental entity has made a conditional offer of employment to the person who is the subject of the records; (b) The position of employment conditionally offered to the person concerns public safety, including, without limitation, employment as a firefighter or peace officer; (c) The governmental entity is required by law, rule, regulation or policy to obtain the mental health records of each individual conditionally offered the position of employment; and (d) An authorized representative of the governmental entity presents to the court a written authorization signed by the person who is the subject of the records and notarized by a notary public or judicial officer in which the person who is the subject of the records consents to the inspection of the records.

5. Upon the request of a public or private hospital or a mental health facility to which a person has been admitted in this State, the court shall: (a) Authorize the release of a copy of any order which was entered by the court pursuant to paragraph (b) of subsection 1 of NRS 433A.310 or paragraph (b) of subsection 1 of NRS 433A.343 if: (1) The request is in writing and includes the name and date of birth of the person who is the subject of the requested order; and (2) The hospital or facility certifies that: (I) The person who is the subject of the requested order is, at the time of the request, admitted to the hospital or facility and is being treated for an alleged mental illness; and (II) The requested order is necessary to improve the care which is being provided to the person who is the subject of the order. (b) Place the request in the record under seal.

6. Upon its own order, any court of this State may inspect court records that are sealed pursuant to this section without following the procedure described in subsection 2 if the records are necessary and relevant for the disposition of a matter pending before the court. The court may allow a party in the matter to inspect the records without following the procedure described in subsection 2 if the court deems such inspection necessary and appropriate.

7. Following the sealing of records pursuant to this section, the admission of the person who is the subject of the records to the public or private hospital or mental health facility or the assisted outpatient treatment of the person who is the subject of the records is deemed never to have occurred, and the person may answer accordingly any question related to its occurrence, except in connection with: (a) An application for a permit to carry a concealed firearm pursuant to the provisions of NRS 202.3653 to 202.369 , inclusive; (b) A transfer of a firearm; or (c) An application for a position of employment described in subsection 4.

8. A court may disclose information contained in a record sealed pursuant to this section to a provider of health care to assist with treatment provided to the consumer.

9. As used in this section: (a) “ Firefighter ” means a person who is a salaried employee of a fire-fighting agency and whose principal duties are to control, extinguish, prevent and suppress fires. As used in this paragraph, “ fire-fighting agency ” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires. (b) “Peace officer” has the meaning ascribed to it in NRS 289.010 . (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031 . (d) “ Seal ” means placing records in a separate file or other repository not accessible to the general public.
Nev. Rev. Stat. § 433C.340 — NV Code / Title 39 / Chapter 433C / Section 433C.340
Fees charged according to ability to pay; limitation
Status: in_force

Fees for mental health services, including services to persons with intellectual disabilities or persons with developmental disabilities, rendered pursuant to an approved county plan must be charged in accordance with ability to pay, but not in excess of actual cost.
Nev. Rev. Stat. § 433A.195 — NV Code / Title 39 / Chapter 433A / Section 433A.195
Procedure for release from mental health crisis hold
Status: in_force

1. A licensed physician on the medical staff of a facility operated by the Division or of any other public or private mental health facility or hospital may release a person from a mental health crisis hold upon completion of a certificate which meets the requirements of NRS 433A.197 signed by a licensed physician on the medical staff of the facility or hospital, a physician assistant under the supervision of a psychiatrist, psychologist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160 or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 stating that he or she has personally observed and examined the person and that he or she has concluded that the person is not a person in a mental health crisis.

2. 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 on the medical staff of a facility operated by the Division or of any other public or private mental health facility or hospital who has personally assessed an unemancipated person who is less than 18 years of age after the person was placed on a mental health crisis hold may release the person from the hold if the parent or guardian of the person agrees to treatment or accepts physical custody of the person.
Nev. Rev. Stat. § 435.130 — NV Code / Title 39 / Chapter 435 / Section 435.130
Declaration of legislative intent
Status: in_force

The intent of the Legislature in the enactment of NRS 435.130 to 435.310 , inclusive, is to aid persons with intellectual disabilities and persons with developmental disabilities who are not served by existing programs in receiving high quality care and training in an effort to increase independence.
Nev. Rev. Stat. § 435.705 — NV Code / Title 39 / Chapter 435 / Section 435.705
Transfer to hospital of Department of Veterans Affairs or other facility; duties of medical director and Commission on Behavioral Health upon objection of consumer
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 on Behavioral Health shall review the transfer pursuant to subsections 2 and 3 of NRS 435.610 .
Nev. Rev. Stat. § 433B.135 — NV Code / Title 39 / Chapter 433B / Section 433B.135
Adoption of policies concerning the administration of medications
Status: in_force

1. The Administrator shall adopt a policy for each treatment facility and any other division facility into which a child may be committed by a court order concerning the manner in which to: (a) Document the orders of the treating physician of a child; (b) Administer medication to a child; (c) Store, handle and dispose of medication; (d) Document the administration of medication and any errors in the administration of medication; (e) Minimize errors in the administration of medication; and (f) Address errors in the administration of medication.

2. The Administrator shall ensure that each employee who comes into direct contact with a child at any treatment facility and any other division facility into which a child may be committed by a court order and who will administer medication to a child receives a copy of and understands the policy adopted pursuant to subsection 1.
Nev. Rev. Stat. § 433.4543 — NV Code / Title 39 / Chapter 433 / Section 433.4543
Text of Compact
Status: in_force

The Interstate Compact on Mental Health is hereby ratified, enacted into law and entered into with all jurisdictions legally joining in the Compact, in substantially the form set forth in this section:

INTERSTATE COMPACT ON MENTAL HEALTH

The contracting states solemnly agree that:

ARTICLE I.

The party states find that the proper and expeditious treatment of persons with mental illness and mental deficiencies can be facilitated by cooperative action, to the benefit of the patients, their families and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this Compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

ARTICLE II.

As used in this Compact:

(a) “ Aftercare ” means care, treatment and services provided to a patient on convalescent status or conditional release.

(b) “ Institution ” means any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.

(c) “ Mental deficiency ” means mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself or herself and his or her affairs, but does not include mental illness as defined herein.

(d) “ Mental illness ” means mental disease to such extent that a person so afflicted requires care and treatment for his or her own welfare, or the welfare of others, or of the community.

(e) “ Patient ” means any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment or supervision pursuant to the provisions of this Compact.

(f) “ Receiving state ” means a party state to which a patient is transported pursuant to the provisions of the Compact or to which it is contemplated that a patient may be so sent.

(g) “ Sending state ” means a party state from which a patient is transported pursuant to the provisions of the Compact or from which it is contemplated that a patient may be so sent.

(h) “ State ” means any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico.

ARTICLE III.

(a) Whenever a person physically present in any party state is in need of institutionalization by reason of mental illness or mental deficiency, he or she is eligible for care and treatment in an institution in that state irrespective of his or her residence, settlement or citizenship qualifications.

(b) The provisions of paragraph (a) of this Article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof and such other factors as are considered appropriate.

(c) No state is obliged to receive any patient pursuant to the provisions of paragraph (b) of this Article unless the sending state has given advance notice of its intention to send the patient, furnished all available medical and other pertinent records concerning the patient and given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish and the receiving state agrees to accept the patient.

(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this Compact must receive the same priority as a local patient and must be taken in the same order and at the same time that he or she would be taken if he or she were a local patient.

(e) Pursuant to this Compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

ARTICLE IV.

(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it is determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state, and such investigation must be made with all reasonable speed. The request for investigation must be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient and such other documents as may be pertinent.

(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state.

(c) In supervising, treating or caring for a patient on aftercare pursuant to the terms of this Article, a receiving state shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients.

ARTICLE V.

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he or she must be detained in the state where found pending disposition in accordance with law.

ARTICLE VI.

The duly accredited officers of any state party to this Compact, upon the establishment of their authority and the identity of the patient, must be permitted to transport any patient being moved pursuant to this Compact through any and all states party to this Compact, without interference.

ARTICLE VII.

(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state has the effect of making the person a patient of the institution in the receiving state.

(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this Compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.

(c) No provision of this Compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs or responsibilities therefor.

(d) Nothing in this Compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this Compact.

(e) Nothing in this Compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.

ARTICLE VIII.

(a) Except as otherwise provided in paragraph (b) of this Article, nothing in this Compact shall be construed to abridge, diminish or in any way impair the rights, duties and responsibilities of any patient's guardian on his or her own behalf or in respect of any patient for whom he or she may serve.

(b) Except as otherwise provided in paragraph (c) of this Article, where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall, upon being duly advised of the new appointment and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent is appropriate in the circumstances.

(c) In the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state has the sole discretion to relieve a guardian appointed by it or continue his or her power and responsibility, whichever it deems advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.

(d) The term “guardian” as used in paragraphs (a), (b) and (c) of this Article includes any guardian, trustee, legal committee, conservator or other person or agency, however denominated, who is charged by law with power to act for or responsibility for the person or property of a patient.

ARTICLE IX.

(a) No provision of this Compact except Article V applies to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.

(b) To every extent possible, it is the policy of states party to this Compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient must, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.

ARTICLE X.

(a) Each party state shall appoint a Compact Administrator who, on behalf of his or her state, shall act as general coordinator of activities under the Compact in his or her state and who shall receive copies of all reports, correspondence and other documents relating to any patient processed under the Compact by his or her state either in the capacity of sending or receiving state. The Compact Administrator or his or her duly designated representative is the official with whom other party states shall deal in any matter relating to the Compact or any patient processed thereunder.

(b) The Compact Administrators of the respective party states have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this Compact.

ARTICLE XI.

The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned find that such agreements will improve services, facilities or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this Compact.

ARTICLE XII.

This Compact enters into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.

ARTICLE XIII.

(a) A state party to this Compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal takes effect 1 year after notice thereof has been communicated officially and in writing to the Governors and Compact Administrators of all other party states. However, the withdrawal of any state does not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the Compact.

(b) Withdrawal from any agreement permitted by paragraph (b) of Article VII as to costs or from any supplementary agreement made pursuant to Article XI must be in accordance with the terms of such agreement. ARTICLE XIV. This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact are severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance will not be affected thereby. If this Compact is held contrary to the constitution of any state party thereto, the Compact remains in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Nev. Rev. Stat. § 433.426 — NV Code / Title 39 / Chapter 433 / Section 433.426
“Behavioral health region” defined
Status: in_force

“ Behavioral health region ” means a behavioral health region created by NRS 433.428 .
Nev. Rev. Stat. § 433.547 — NV Code / Title 39 / Chapter 433 / Section 433.547
“Mechanical restraint” defined
Status: in_force

“ Mechanical restraint ” means the use of devices, including, without limitation, mittens, straps, restraint chairs, handcuffs, belly chains and four-point restraints to limit a person's movement or hold a person immobile.
Nev. Rev. Stat. § 435.470 — NV Code / Title 39 / Chapter 435 / Section 435.470
Involuntary court-ordered admission to private institution not precluded
Status: in_force

Nothing in this chapter precludes the involuntary court-ordered admission of a person with an intellectual disability or a person with a developmental disability to a private institution where such admission is authorized by law.
Nev. Rev. Stat. § 433.720 — NV Code / Title 39 / Chapter 433 / Section 433.720
“Office” defined
Status: in_force

“ Office ” means the Office of Minority Health and Equity of the Department created by NRS 232.474 .
Nev. Rev. Stat. § 433A.080 — NV Code / Title 39 / Chapter 433A / Section 433A.080
Coordinator of medical programs: Qualifications and selection; powers and duties
Status: in_force

1. A coordinator of medical programs is the medical head of any division facility designated by the Administrator. The coordinator of medical programs: (a) Must be a psychiatrist licensed to practice medicine or, in the case of a treatment facility authorized by paragraph (b) of subsection 1 of NRS 433B.290 , a psychiatrist or a pediatrician licensed to practice medicine. (b) May be a psychiatrist or pediatrician in private practice under contract to the Division. (c) Must have such additional qualifications as are in accordance with criteria prescribed by the Division of Human Resource Management of the Department of Administration and must be in the unclassified service of the State.

2. A coordinator of medical programs shall: (a) Cause to be kept a fair and full account of all medical affairs; (b) Have standard medical histories currently maintained on all consumers, and administer or have administered the accepted and appropriate medical treatments to all consumers under his or her care, and may, by delegation of the administrative officer, be responsible for the nonmedical care and treatment of consumers; and (c) Undertake any diagnostic, medical or surgical procedure in the interest of the consumer, but only in accordance with the provisions of subsection 1 of NRS 433.484 .
Nev. Rev. Stat. § 433B.325 — NV Code / Title 39 / Chapter 433B / Section 433B.325
Treatment facility or other facility to which child is committed by court order required to treat child in accordance with gender identity or expression; regulations concerning placement of children
Status: in_force

1. A treatment facility and any other division facility into which a child may be committed by a court order shall treat each child committed to the facility by a court order in all respects in accordance with the child's gender identity or expression and the regulations adopted by the Division of Child and Family Services pursuant to subsection 2.

2. The Division of Child and Family Services of the Department shall adopt regulations establishing factors for a court to consider before committing a child to a treatment facility or other division facility and protocols for such a facility to follow when placing a child within the facility to ensure that each child who is so committed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with: (a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities and receiving centers or who have resided in such settings; (b) Representatives of each agency which provides child welfare services in this State; (c) Representatives of state and local facilities for the detention of children; (d) Representatives of lesbian, gay, bisexual, transgender and questioning persons; (e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings; (f) Representatives of juvenile courts and family courts; (g) Advocates of children; and (h) Any other person deemed appropriate by the Division.

3. A court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before committing a child to a treatment facility or other division facility.

4. A treatment facility or other division facility to which a child is committed by a court order shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility.

5. As used in this section: (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030 . (b) “Child care facility” has the meaning ascribed to it in NRS 432A.024 . (c) “Foster home” has the meaning ascribed to it in NRS 424.014 . (d) “Gender identity or expression” has the meaning ascribed to it in NRS 424.0145 . (e) “Receiving center” has the meaning ascribed to it in NRS 424.0175 .
Nev. Rev. Stat. § 433B.183 — NV Code / Title 39 / Chapter 433B / Section 433B.183
Division facility required to conduct investigations of employees; submission of fingerprints; limitation on contact with children
Status: in_force

1. A division facility which provides residential treatment to children shall secure from appropriate law enforcement agencies information on the background and personal history of each employee of the facility to determine: (a) Whether the employee has been convicted of: (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem; (2) Any other felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon; (3) Assault with intent to kill or to commit sexual assault or mayhem; (4) Battery which results in substantial bodily harm to the victim; (5) Battery that constitutes domestic violence that is punishable as a felony; (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years; (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure, an offense involving pornography and a minor or any other sexually related crime; (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440 , inclusive, other than a violation of NRS 201.354 by engaging in prostitution; (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 ; (10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS within the immediately preceding 3 years; (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony; (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years; (13) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995 , inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or (b) Whether there are criminal charges pending against the employee for a crime listed in paragraph (a).

2. An employee must submit to the Division a complete set of fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

3. The Division may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted.

4. The Division may charge an employee investigated pursuant to this section for the reasonable cost of that investigation.

5. When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the Division for a determination of whether the employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

6. An employee who is required to submit to an investigation required pursuant to this section shall not have contact with a child in a division facility without supervision before the investigation of the background and personal history of the employee has been conducted.

7. The division facility shall conduct an investigation of each employee pursuant to this section at least once every 5 years after the initial investigation.

8. For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 begins when the employee is arrested for such a crime and ends when: (a) A determination is made as to the guilt or innocence of the employee with regard to such a crime at a trial or by a plea; or (b) The prosecuting attorney makes a determination to: (1) Decline charging the employee with a crime listed in paragraph (a) of subsection 1; or (2) Proceed with charges against the employee for only one or more crimes not listed in paragraph (a) of subsection 1.
Nev. Rev. Stat. § 433.637 — NV Code / Title 39 / Chapter 433 / Section 433.637
Application for renewal of certificate to include information relating to state business license; denial of renewal for unpaid debt assigned to State Controller for collection
Status: in_force

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

1. In addition to any other requirements set forth in NRS 433.622 to 433.641 , inclusive, an applicant for the renewal of a certificate as a recovery support specialist or recovery support specialist supervisor must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

2. A certificate may not be renewed if: (a) The applicant fails to submit the information required by subsection 1; or (b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not: (1) Satisfied the debt; (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130 ; or (3) Demonstrated that the debt is not valid.

3. As used in this section: (a) “Agency” has the meaning ascribed to it in NRS 353C.020 . (b) “Debt” has the meaning ascribed to it in NRS 353C.040 .
Nev. Rev. Stat. § 433A.336 — NV Code / Title 39 / Chapter 433A / Section 433A.336
Hearing on petition or motion; notice
Status: in_force

1. Immediately after the clerk of the district court receives a petition filed pursuant to subsection 1 of NRS 433A.335 or NRS 433A.345 , the clerk shall transmit the petition to the appropriate district judge, who shall set a time, date and place for its hearing. Immediately after a motion is made pursuant to subsection 2 of NRS 433A.335 , the district judge shall set a time, date and place for its hearing. The date must be: (a) Within 30 judicial days after the date on which the petition is received by the clerk or the motion is made, as applicable; or (b) If the person who is the subject of the petition or motion is hospitalized at the time of the petition or motion, before that person is to be discharged and within a sufficient time to arrange for a continuous transition from inpatient treatment to assisted outpatient treatment.

2. If the Chief Judge, if any, of the district court has assigned a district court judge or hearing master to preside over hearings pursuant to this section, that judge or hearing master must preside over the hearing.

3. The court shall give notice of the petition or motion and of the time, date and place of any proceedings thereon to the person who is the subject of the petition or motion, his or her attorney, if known, the person's legal guardian, the petitioner, if applicable, 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 with a mental illness and the administrative office of any public or private mental health facility or hospital in which the subject of the petition or motion is detained.
Nev. Rev. Stat. § 433.635 — NV Code / Title 39 / Chapter 433 / Section 433.635
Expedited certificate by endorsement: Requirements; procedure for issuance
Status: in_force

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

1. The Division may issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a certificate if the applicant holds a corresponding valid and unrestricted license, certificate or other credential as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, in the District of Columbia or any state or territory of the United States.

2. An applicant for a certificate by endorsement pursuant to this section must submit to the Division with his or her application: (a) Proof satisfactory to the Division that the applicant: (1) Satisfies the requirements of subsection 1; (2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license, certificate or other credential as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable; and (3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States; (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; (c) The fee prescribed by the Board in the regulations adopted pursuant to NRS 433.632 ; and (d) Any other information required by the Division.

3. Not later than 15 business days after the Division receives an application for a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, to the applicant not later than 45 days after receiving the application.
Nev. Rev. Stat. § 435.660 — NV Code / Title 39 / Chapter 435 / Section 435.660
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 435.655 and the guardian of the estate of a consumer may, from time to time, pay money to the division facility for the future personal needs of the consumer who is incapacitated and for the consumer's burial expenses. Money paid pursuant to this subsection must be credited to the consumer in the consumers' personal deposit fund established pursuant to NRS 435.620 .
Nev. Rev. Stat. § 433B.040 — NV Code / Title 39 / Chapter 433B / Section 433B.040
“Child” defined
Status: in_force

“Child” means a person less than 18 years of age or, if in school, until graduation from high school.
Nev. Rev. Stat. § 433.504 — NV Code / Title 39 / Chapter 433 / Section 433.504
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. § 433.404 — NV Code / Title 39 / Chapter 433 / Section 433.404
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 chapters 433 to 433C, inclusive, of NRS. The schedule must be submitted to the Commission and the Director of the Department for joint approval before enforcement. The fees collected by facilities operated by the Division pursuant to this schedule must be deposited in the State Treasury to the credit of the State General Fund, except as otherwise provided in NRS 433.354 for fees collected pursuant to contract or agreement.

2. For a facility providing services for the treatment of persons with mental illness, 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. § 433C.180 — NV Code / Title 39 / Chapter 433C / Section 433C.180
County director: Appointment
Status: in_force

The county board, with the approval of a majority of the governing body, shall appoint a county director, who must be a person professionally qualified in the field of psychiatric mental health. The choice of appointing a physician or one who is not a physician rests with the county board, and in making such choice the county board shall consider the duties that the county director is expected to perform.
Nev. Rev. Stat. § 435.530 — NV Code / Title 39 / Chapter 435 / Section 435.530
Definitions
Status: in_force

As used in NRS 435.530 to 435.615 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 435.535 , 435.540 and 435.545 have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 433.634 — NV Code / Title 39 / Chapter 433 / Section 433.634
Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement 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. 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 .