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2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.744 - Requirements for regional, county, local or tribal plan for use of grant; authorized uses of grant money.

1. A plan for the use of grant money by a state, local or tribal governmental entity developed pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 433.740 must:
(a) Establish policies and procedures for the administration and distribution of the grant money for which the governmental entity is applying;
(b) Describe the projects to which the governmental entity is proposing to allocate grant money; and
(c) Establish requirements governing the use of the grant money.
2. A plan for the use of grant money by a state, local or tribal governmental entity may allocate money pursuant to paragraph (b) of subsection 1 to:
(a) Projects and programs to:
(1) Expand access to evidence-based prevention of substance use disorders, early intervention for persons at risk of a substance use disorder, treatment for substance use disorders and support for persons in recovery from substance use disorders;
(2) Reduce the incidence and severity of neonatal abstinence syndrome;
(3) Prevent incidents of adverse childhood experiences and increase early intervention for children who have undergone adverse childhood experiences and the families of such children;
(4) Reduce the harm caused by substance use;
(5) Prevent and treat infectious diseases in persons with substance use disorders;
(6) Provide services for children and other persons in a behavioral health crisis and the families of such persons; and
(7) Provide housing for persons who have or are in recovery from substance use disorders;
(b) Campaigns to educate and increase awareness of the public concerning substance use and substance use disorders;
(c) Programs for persons involved in the criminal justice or juvenile justice system and the families of such persons, including, without limitation, programs that are administered by courts;
(d) Evaluation of existing programs relating to substance use and substance use disorders;
(e) Development of the workforce of providers of services relating to substance use and substance use disorders;
(f) The collection and analysis of data relating to substance use and substance use disorders; and
(g) Capital projects relating to substance use and substance use disorders, including, without limitation, construction, purchasing and remodeling.
3. The projects described in subsection 2 may include, without limitation, projects to maximize expenditures through federal, local and private matching contributions.
(Added to NRS by 2021, 2852)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.801 - Return of prescription drug to dispensing pharmacy for reissuance or transfer of drug; reissuance or transfer of drug by dispensing pharmacy; regulations.

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.
(Added to NRS by 2003, 1371; A 2009, 1087)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.806 - Required considerations before placing person with mental illness or person with developmental disability.

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.
(Added to NRS by 2017, 1408; A 2019, 252)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.010 - Applicability of chapter.

The provisions of this chapter apply to all mental health centers of the Division of Public and Behavioral Health of the Department and of the Division of Child and Family Services of the Department. Such provisions apply to private institutions and facilities offering mental health services only when specified in the context.
(Added to NRS by 1975, 1599; A 1993, 2721; 1999, 101; 2013, 3013)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.011 - Definitions.

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.
(Added to NRS by 1993, 2720; A 2013, 3488; 2019, 348; 2021, 3077)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.012 - "Administrative officer" defined.

"Administrative officer" means a person with overall executive and administrative responsibility for those state or nonstate facilities for mental health designated by the Administrator.
(Added to NRS by 1993, 2720; A 2013, 668, 3014)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.013 - "Administrator" defined.

"Administrator" means:
1. Except as otherwise provided in subsection 2, the Administrator of the Division of Public and Behavioral Health of the Department.
2. Regarding the provision of services for the mental health of children pursuant to chapter 433B of NRS, the Administrator of the Division of Child and Family Services of the Department.
(Added to NRS by 1993, 2720; A 1999, 101)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.0135 - "Assisted outpatient treatment" defined.

"Assisted outpatient treatment" means outpatient services provided pursuant to a court order to a person with a mental illness for the purpose of treating the mental illness, assisting the person to live and function in the community or to prevent a relapse or deterioration that may reasonably be predicted to result in harm to the person or another person if the person with a mental illness is not treated. The term does not include services provided to residents of a mental health facility.
(Added to NRS by 2013, 3486; A 2021, 3077)—(Substituted in revision for NRS 433A.019)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.0145 - "Consumer" defined.

"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.
(Added to NRS by 2021, 3067)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.015 - "Division" defined.

"Division" means:
1. Except as otherwise provided in subsection 2, the Division of Public and Behavioral Health of the Department.
2. Regarding the provision of services for the mental health of children pursuant to chapter 433B of NRS, the Division of Child and Family Services of the Department.
(Added to NRS by 1993, 2720; A 1999, 102; 2013, 3014)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.016 - "Division facility" defined.

"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.
(Added to NRS by 1993, 2721; A 1999, 102; 2011, 425)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.0163 - "Emergency admission" defined.

"Emergency admission" means the involuntary admission of a person who has been placed on a mental health crisis hold to a public or private mental health facility or hospital pursuant to NRS 433A.162.
(Added to NRS by 2021, 3067)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.0167 - "Involuntary court-ordered admission" defined.

"Involuntary court-ordered admission" means the admission of a person in a mental health crisis to a public or private mental health facility ordered by a court pursuant to NRS 433A.200 to 433A.330, inclusive.
(Added to NRS by 2021, 3067)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.017 - "Medical director" defined.

"Medical director" means the medical officer in charge of any program of the Division of Public and Behavioral Health of the Department.
(Added to NRS by 1993, 2721; A 1999, 102; 2013, 3014)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.0172 - "Mental health crisis hold" defined.

"Mental health crisis hold" means the detention of a person alleged to be a person in a mental health crisis for transport, assessment, evaluation, intervention and treatment pursuant to NRS 433A.160.
(Added to NRS by 2021, 3067)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.0175 - "Person in a mental health crisis" defined.

1. "Person in a mental health crisis" means any person:
(a) Who has a mental illness; and
(b) Whose capacity to exercise self-control, judgment and discretion in the conduct of the person’s affairs and social relations or to care for his or her personal needs is diminished, as a result of the mental illness, to the extent that the person presents a substantial likelihood of serious harm to himself or herself or others, as determined pursuant to NRS 433A.0195.
2. The term does not include any person in whom that capacity is diminished by epilepsy, intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or other substances, unless a mental illness that can be diagnosed is also present which contributes to the diminished capacity of the person.
(Added to NRS by 1985, 2268; A 1989, 1757; 1997, 3493; 2009, 333; 2013, 668, 3488; 2017, 1644; 2019, 348, 2618)—(Substituted in revision for NRS 433A.115)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.018 - "Person professionally qualified in the field of psychiatric mental health" defined.

"Person professionally qualified in the field of psychiatric mental health" means:
1. A psychiatrist licensed to practice medicine in this State;
2. A psychologist licensed to practice in this State;
3. A social worker who holds a master’s degree in social work and is licensed by the State as a clinical social worker;
4. A registered nurse who:
(a) Is licensed to practice professional nursing in this State; and
(b) Holds a master’s degree in the field of psychiatric nursing;
5. A marriage and family therapist licensed pursuant to chapter 641A of NRS; or
6. A clinical professional counselor licensed pursuant to chapter 641A of NRS.
(Added to NRS by 1993, 2721; A 2007, 3086; 2021, 3077)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.0194 - "Voluntary admission" defined.

"Voluntary admission" means the admission of a person to a public or private mental health facility or a division facility pursuant to NRS 433A.140 as a voluntary consumer for the purposes of observation, diagnosis, care and treatment.
(Added to NRS by 2021, 3067)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.0195 - Person deemed to present substantial likelihood of serious harm to himself or herself or others in certain circumstances.

For the purposes of this chapter, a person shall be deemed to present a substantial likelihood of serious harm to himself or herself or others if, without care or treatment, the person is at serious risk of:
1. Attempting suicide or homicide;
2. Causing bodily injury to himself or herself or others, including, without limitation, death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or a protracted loss or impairment of a body part, organ or mental functioning; or
3. Incurring a serious injury, illness or death resulting from complete neglect of basic needs for food, clothing, shelter or personal safety.
(Added to NRS by 2019, 347)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.020 - Administrative officer: Qualifications.

The administrative officer of a facility of the Division must:
1. Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the fields of psychiatry, medicine, psychology, social work, public health or administration.
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care and treatment of persons in a mental health crisis.
(Added to NRS by 1975, 1599; A 1979, 813; 1981, 1685; 1983, 642; 1985, 2268; 1999, 2594; 2013, 668, 3014)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.030 - Administrative officer: Powers and duties.

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.
(Added to NRS by 1975, 1600; A 1979, 813; 2011, 425; 2013, 3014)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.040 - Administrative officer: Other employment prohibited; exceptions.

Except as otherwise provided in NRS 284.143, an administrative officer shall devote his or her entire time to the duties of his or her position and shall have no other gainful employment or occupation, but the administrative officer may attend seminars, act as a consultant and give lectures relating to his or her profession and accept appropriate stipends for the seminars, consultations and lectures.
(Added to NRS by 1975, 1600; A 1979, 814; 1985, 423; 1995, 2314)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.080 - Coordinator of medical programs: Qualifications and selection; powers and duties.

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.
(Added to NRS by 1975, 1601; A 1979, 814; 1981, 1686; 1983, 642; 1993, 2721; 2011, 425)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.085 - Forms for detainment, evaluation, admission, treatment and conditional release.

All applications, certificates and other forms for the detainment, evaluation, admission, treatment and conditional release of any person in the State of Nevada under the provisions of this chapter shall be made on forms approved by the Division and the Office of the Attorney General and furnished by the clerks of the district courts in each county.
(Added to NRS by 1975, 1608; A 2013, 3489; 2021, 3078)—(Substituted in revision for NRS 433A.130)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.090 - Revolving Account for Northern Nevada Adult Mental Health Services.

There is hereby created a Revolving Account for Northern Nevada Adult Mental Health Services in the sum of $7,500, which may be used for the payment of bills requiring immediate payment and for no other purpose. The Administrative Officer shall deposit the Revolving Account in one or more banks or credit unions of reputable standing. Payments made from the Revolving Account must be promptly reimbursed from money appropriated for Northern Nevada Adult Mental Health Services as other claims against the State are paid.
(Added to NRS by 1975, 1612; A 1979, 815; 1991, 206; 1999, 1497; 2001, 1116)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.100 - Gift accounts in Department of Health and Human Services’ Gift Fund; sale or exchange of gifts of property.

1. A gift account in the Department of Health and Human Services’ Gift Fund is hereby created for each division facility, and all gifts of money which the Division is authorized to accept for the respective facilities must be deposited in the State Treasury to the credit of the appropriate account. Amounts in the accounts must be used for division mental health facility purposes only and expended in accordance with the terms of the gift. All claims must be approved by the administrative officer before they are paid.
2. Gifts of property, other than money, may be sold or exchanged when it is deemed by the administrative officer and the Administrator to be in the best interest of the division mental health facility. The sale price must be not less than 90 percent of the value determined by a qualified appraiser appointed by the administrative officer. All money realized from the sale must be deposited in the State Treasury to the credit of the appropriate account and must be spent for division mental health facility purposes only.
(Added to NRS by 1975, 1613; A 1979, 622; 1981, 78)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.110 - Canteen for facility of Division: Establishment and operation.

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.
(Added to NRS by 1975, 1613; A 1981, 263; 2011, 426)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.120 - Types of admission.

There are three types of admission to mental health facilities in the State of Nevada:
1. Voluntary admission;
2. Emergency admission; and
3. Involuntary court-ordered admission.
(Added to NRS by 1975, 1602)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.140 - Voluntary admission: Procedures for admission and release; effect of voluntary release.

1. Any person may apply to:
(a) A public or private mental health facility in the State of Nevada for admission to the facility; or
(b) A division facility to receive care, treatment or training provided by the Division,
as a voluntary consumer for the purposes of observation, diagnosis, care and treatment. In the case of a person who has not attained the age of majority, application for voluntary admission or care, treatment or training may be made on his or her behalf by the person’s spouse, parent or legal guardian.
2. If the application is for admission to a division facility, or for care, treatment or training provided by the Division, the applicant must be admitted or provided such services as a voluntary consumer if an examination by personnel of the facility qualified to make such a determination reveals that the person needs and may benefit from services offered by the mental health facility.
3. Any person admitted to a public or private mental health facility as a voluntary consumer must be released immediately after the filing of a written request for release with the responsible physician or that physician’s designee within the normal working day, unless the facility changes the status of the person to an emergency admission pursuant to NRS 433A.145. When a person is released pursuant to this subsection, the facility and its agents and employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the person.
4. Any person admitted to a public or private mental health facility as a voluntary consumer who has not requested release may nonetheless be released by the medical director of the facility when examining personnel at the facility determine that the consumer has recovered or has improved to such an extent that the consumer is not considered a danger to himself or herself or others and that the services of that facility are no longer beneficial to the consumer or advisable.
5. A person who requests care, treatment or training from the Division pursuant to this section must be evaluated by the personnel of the Division to determine whether the person is eligible for the services offered by the Division. The evaluation must be conducted:
(a) Within 72 hours if the person has requested inpatient services; or
(b) Within 72 regular operating hours, excluding weekends and holidays, if the person has requested assisted outpatient treatment.
6. This section does not preclude a public facility from making decisions, policies, procedures and practices within the limits of the money made available to the facility.
(Added to NRS by 1975, 1602; A 1993, 2114; 1997, 3494; 2011, 426; 2019, 349; 2021, 3078)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.145 - Restrictions on change of status from voluntary consumer to emergency admission.

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.
(Added to NRS by 1997, 3492; A 2009, 333; 2011, 427; 2015, 2990; 2019, 350; 2021, 3079; 2023, 2348)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.150 - Detention for assessment, evaluation, intervention and treatment; limitation on time.

1. A person alleged to be a person in a mental health crisis who is placed on a mental health crisis hold pursuant to NRS 433A.160 may, subject to the provisions of subsection 2, be detained in a public or private mental health facility or hospital for assessment, evaluation, intervention and treatment, regardless of whether any parent or legal guardian of the person has consented to the mental health crisis hold.
2. Except as otherwise provided in subsection 3 and NRS 432B.6075, a person detained pursuant to subsection 1 must be released within 72 hours, including weekends and holidays, after the person is placed on a mental health crisis hold pursuant to NRS 433A.160 unless, before the close of the business day on which the 72 hours expires, a written petition for an involuntary court-ordered admission to a mental health facility is filed with the clerk of the district court pursuant to NRS 433A.200, including, without limitation, the documents required pursuant to NRS 433A.210, or the status of the person is changed to a voluntary admission.
3. If the period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next following the expiration of that period.
(Added to NRS by 1975, 1602; A 1985, 2269; 1989, 1758; 2001, 3041; 2003, 1944; 2009, 334; 2013, 3489; 2019, 350, 2619; 2021, 3079; 2023, 2349)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.155 - Petition for order to place person on mental health crisis hold; issuance and delivery of order.

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.
(Added to NRS by 2021, 3067)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.162 - Procedure for emergency admission of person placed on mental health crisis hold; limitation on period of emergency admission.

1. A public or private mental health facility or hospital may admit a person who has been placed on a mental health crisis hold under an emergency admission if:
(a) After conducting an examination pursuant to NRS 433A.165, a physician, physician assistant or advanced practice registered nurse determines that the person does not have a medical condition, other than a psychiatric condition, which requires immediate treatment;
(b) A psychologist, a physician, a physician assistant under the supervision of a psychiatrist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160 or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, who is employed by the public or private mental health facility or hospital completes a certificate pursuant to NRS 433A.170;
(c) A psychiatrist or a psychologist or, if a psychiatrist or a psychologist is not available, a physician or an advanced practice registered nurse who has the training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, evaluates the person at the time of admission and determines that the person is a person in a mental health crisis; and
(d) A psychiatrist approves the admission.
2. The provisions of subsections 2 and 3 of NRS 433A.150 continue to apply to a person who is admitted to a public or private mental health facility or hospital under an emergency admission pursuant to this section.
(Added to NRS by 2021, 3068)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.170 - Certificate of certain providers of health care required for emergency admission.

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.
(Added to NRS by 1975, 1603; A 1985, 2270; 1989, 1550, 1759; 1997, 3495; 2001, 3043; 2015, 2991; 2019, 354; 2021, 3083)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.185 - Notice of mental health crisis hold for person who is under 18 years of age; maintenance of documentation of notice.

As soon as practicable but not more than 8 hours after an unemancipated person who is under 18 years of age is placed on a mental health crisis hold, the administrative officer of the public or private mental health facility or hospital in which the person is being held or his or her designee shall attempt to give notice of the mental health crisis hold in person, by telephone or facsimile and by certified mail to the parent or legal guardian of that person and shall maintain documentation of each such attempt until the person who is placed on a mental health crisis hold reaches at least 23 years of age.
(Added to NRS by 2019, 2617; A 2021, 3084)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.190 - Notice of emergency admission for person who is at least 18 years of age.

1. The administrative officer of a public or private mental health facility or hospital shall ensure that, within 24 hours of the emergency admission of a person alleged to be a person in a mental health crisis who is at least 18 years of age, the person is asked to give permission to provide notice of the emergency admission to a family member, friend or other person identified by the person.
2. If a person alleged to be a person in a mental health crisis who is at least 18 years of age gives permission to notify a family member, friend or other person of the emergency admission, the administrative officer shall ensure that:
(a) The permission is recorded in the medical record of the person; and
(b) Notice of the admission is promptly provided to the family member, friend or other person in person or by telephone, facsimile, other electronic communication or certified mail.
3. Except as otherwise provided in subsections 4 and 5, if a person alleged to be a person in a mental health crisis who is at least 18 years of age does not give permission to notify a family member, friend or other person of the emergency admission of the person, notice of the emergency admission must not be provided until permission is obtained.
4. If a person alleged to be a person in a mental health crisis who is at least 18 years of age is not able to give or refuse permission to notify a family member, friend or other person of the emergency admission, the administrative officer of the mental health facility or hospital may cause notice as described in paragraph (b) of subsection 2 to be provided if the administrative officer determines that it is in the best interest of the person in a mental health crisis.
5. If a guardian has been appointed for a person alleged to be a person in a mental health crisis who is at least 18 years of age or the person has executed a durable power of attorney for health care pursuant to NRS 162A.700 to 162A.870, inclusive, or appointed an attorney-in-fact using an advance directive for psychiatric care pursuant to NRS 449A.600 to 449A.645, inclusive, the administrative officer of the mental health facility or hospital must ensure that the guardian, agent designated by the durable power of attorney or the attorney-in-fact, as applicable, is promptly notified of the admission as described in paragraph (b) of subsection 2, regardless of whether the person alleged to be a person in a mental health crisis has given permission to the notification.
(Added to NRS by 1975, 1604; A 1993, 2114; 2009, 1667; 2019, 354, 2621; 2021, 3084; 2023, 491)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.195 - Procedure for release from mental health crisis hold.

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.
(Added to NRS by 2009, 332; A 2015, 2992; 2019, 355; 2021, 3085)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.197 - Requirements for and limitations on forms, applications and certificates.

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.
(Added to NRS by 1975, 1603; A 1989, 1550; 2009, 336; 2015, 2992; 2019, 355; 2021, 3085)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.210 - Requirements of petition that is filed after mental health crisis hold.

In addition to the requirements of NRS 433A.200, a petition filed pursuant to that section with the clerk of the district court to commence proceedings for involuntary court-ordered admission of a person pursuant to NRS 433A.145 or 433A.150 must include documentation of the results of the medical examination conducted pursuant to NRS 433A.165 and a copy of:
1. The form for the placement of the person on a mental health crisis hold pursuant to NRS 433A.160; and
2. A petition executed by a psychiatrist, psychologist, physician or advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, including, without limitation, a sworn statement that:
(a) He or she has examined the person alleged to be a person in a mental health crisis;
(b) In his or her opinion, there is a reasonable degree of certainty that the person alleged to be a person in a mental health crisis suffers from a mental illness;
(c) Based on his or her personal observation of the person alleged to be a person in a mental health crisis and other facts set forth in the petition, the person presents a substantial risk of serious harm to himself or herself or others, as determined pursuant to NRS 433A.0195; and
(d) In his or her opinion, involuntary admission of the person alleged to be a person in a mental health crisis to a mental health facility or hospital is medically necessary to prevent the person from harming himself or herself or others.
(Added to NRS by 1975, 1604; A 1985, 2270; 1989, 1551, 1760; 1995, 2414; 2001, 3044; 2017, 1750; 2019, 357; 2021, 3087)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.215 - Application for writ of habeas corpus before initial hearing.

If an application for a writ of habeas corpus is made by, or on behalf of, a person in a mental health crisis or who is alleged to be a person in a mental health crisis before the initial hearing on a petition for the involuntary court-ordered admission of the person to a mental health facility, the court must conduct a hearing on the application as soon as practicable.
(Added to NRS by 2017, 1644; A 2021, 3087)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.230 - Bond of petitioner.

The court in its discretion may require any petitioner under NRS 433A.200, except any officer authorized to make arrests in the State of Nevada, to file an undertaking with surety to be approved by the court in the amount the court deems proper, conditioned to save harmless the person alleged to be a person in a mental health crisis by reason of costs incurred, including attorney fees, if any, and damages suffered by the person as a result of such action.
(Added to NRS by 1975, 1605; A 2019, 358)