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2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.531 - Unlawful acts; exception; penalty.

1. Except as otherwise provided in this section, a person shall not intentionally prevent another person from entering or exiting the office of a physician, a health facility, a nonprofit health facility, a public health center, a medical facility or a facility for the dependent by physically:
(a) Detaining the other person; or
(b) Obstructing, impeding or hindering the other person’s movement.
2. The provisions of subsection 1 are inapplicable to:
(a) An officer, employee or agent of the physician, health facility, nonprofit health facility, public health center, medical facility or facility for the dependent; or
(b) A peace officer as defined in NRS 169.125,
while acting within the course and scope of his or her duties or employment.
3. The provisions of subsection 1 do not prohibit a person from maintaining a picket during a strike or work stoppage in compliance with the provisions of NRS 614.160, or from engaging in any constitutionally protected exercise of free speech.
4. A person who violates the provisions of subsection 1 is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, or by imprisonment in the county jail for not more than 3 months, or by both fine and imprisonment.
5. As used in this section, the terms "health facility," "nonprofit health facility" and "public health center" have the meanings ascribed to them in NRS 449.260.
(Added to NRS by 1991, 1687)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.001 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449A.007 to 449A.081, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1973, 1278; A 1975, 366, 897; 1977, 641; 1979, 160, 1113; 1983, 1657; 1985, 1736; 1989, 304, 1034, 1037; 1993, 2556; 1995, 1600; 1999, 248, 970; 2001, 1341, 2518; 2005, 485, 532, 1379, 1517, 2165, 2350; 2011, 1337; 2013, 3055; 2015, 2160, 2172; 2017, 1409, 1570; 2021, 3443; 2023, 718)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.031 - "Facility for the dependent" defined.

"Facility for the dependent" has the meaning ascribed to it in NRS 449.0045.
(Added to NRS by 1985, 1735; A 2001, 2518; 2005, 2165, 2350; 2011, 356; 2015, 2160, 2172; 2019, 250)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.045 - "Hospital" defined.

"Hospital" means an establishment for the diagnosis, care and treatment of human illness, including care available 24 hours each day from persons licensed to practice professional nursing who are under the direction of a physician, services of a medical laboratory and medical, radiological, dietary and pharmaceutical services.
(Added to NRS by 1973, 1279; A 1985, 1737)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.050 - "Medical facility" defined.

"Medical facility" has the meaning ascribed to it in NRS 449.0151.
(Added to NRS by 1973, 1279; A 1975, 366; 1979, 161, 887, 1113; 1983, 1657; 1985, 1736; 1989, 304, 1035, 1037; 1999, 248, 970; 2001, 1341; 2005, 532, 2693; 2021, 3443)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.100 - Facility to provide necessary services or arrange for transfer of patient; explanation of need for transfer and alternatives available.

1. Every medical facility and facility for the dependent must provide the services necessary to treat properly a patient in a particular case or must be able to arrange the transfer of the patient to another facility which can provide that care.
2. A patient may be transferred to another facility only if the patient has received an explanation of the need to transfer the patient and the alternatives available, unless the condition of the patient necessitates an immediate transfer to a facility for a higher level of care and the patient is unable to understand the explanation.
(Added to NRS by 1983, 820; A 1985, 1747; 1999, 1051; 2011, 360)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.103 - Facility to forward medical records upon certain transfers of patient.

1. If a patient in a medical facility or facility for the dependent is transferred to another medical facility or facility for the dependent, a division facility or a physician licensed to practice medicine, the facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the other medical facility or facility for the dependent, the division facility or the physician. The facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.
2. As used in this section:
(a) "Division facility" means any unit or subunit operated by a division of the Department of Health and Human Services pursuant to title 39 of NRS.
(b) "Medical records" includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.
(Added to NRS by 1991, 2349; A 1993, 2725; 1999, 1051; 2011, 360)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.106 - Specific rights: Information concerning facility; treatment; billing; visitation.

Every patient of a medical facility or facility for the dependent has the right to:
1. Receive information concerning any other medical or educational facility or facility for the dependent associated with the facility at which he or she is a patient which relates to the care of the patient.
2. Obtain information concerning the professional qualifications or associations of the persons who are treating the patient.
3. Receive the name of the person responsible for coordinating the care of the patient in the facility.
4. Be advised if the facility in which he or she is a patient proposes to perform experiments on patients which affect the patient’s own care or treatment.
5. Receive from his or her physician a complete and current description of the patient’s diagnosis, plan for treatment and prognosis in terms which the patient is able to understand. If it is not medically advisable to give this information to the patient, the physician shall:
(a) Provide the information to an appropriate person responsible for the patient; and
(b) Inform that person that he or she shall not disclose the information to the patient.
6. Receive from his or her physician the information necessary for the patient to give his or her informed consent to a procedure or treatment. Except in an emergency, this information must not be limited to a specific procedure or treatment and must include:
(a) A description of the significant medical risks involved;
(b) Any information on alternatives to the treatment or procedure if the patient requests that information;
(c) The name of the person responsible for the procedure or treatment; and
(d) The costs likely to be incurred for the treatment or procedure and any alternative treatment or procedure.
7. Examine the bill for his or her care and receive an explanation of the bill, whether or not the patient is personally responsible for payment of the bill.
8. Know the regulations of the facility concerning his or her conduct at the facility.
9. Receive, within reasonable restrictions as to time and place, visitors of the patient’s choosing, including, without limitation, friends and members of the patient’s family.
(Added to NRS by 1983, 820; A 1985, 906, 1748; 1999, 1052; 2001, 3047; 2011, 360)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.109 - Specific rights: Designation of persons authorized to visit patient in facility.

1. If, as a result of the incapacitation of a patient or the inability of a patient to communicate, the patient of a medical facility or facility for the dependent who is 18 years of age or older is unable to inform the staff of the facility of the persons whom the patient authorizes to visit the patient at the facility, the facility shall allow visitation rights to any person designated by the patient in a letter, form or other document authorizing visitation executed in accordance with subsection 2. The visitation rights required by this subsection must be:
(a) Provided in accordance with the visitation policies of the facility; and
(b) The same visitation rights that are provided to a member of the patient’s family who is legally related to the patient.
2. A person 18 years of age or older wishing to designate a person for the purposes of establishing visitation rights in a medical facility or facility for the dependent may execute a letter, form or other document authorizing visitation in substantially the following form:
(Date)..................................
I, ..............................., (patient who is designating another person as having visitation rights of the patient) do hereby designate .................................. (person who is being designated as having visitation rights of the patient) as having the right to visit me in a medical facility or facility for the dependent. I hereby instruct all staff of a medical facility or facility for the dependent in which I am a patient to admit ...................................... (person who is being designated as having visitation rights of the patient) to my room and afford him or her the same visitation rights as are provided to members of my family who are legally related to me during my time as a patient.
........................................................
(Signed)
(Added to NRS by 2003, 1879; A 2011, 361)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.112 - Specific rights: Care; refusal of treatment and experimentation; privacy; notice of appointments and need for care; confidentiality of information concerning patient.

1. Every patient of a medical facility or facility for the dependent has the right to:
(a) Receive considerate and respectful care.
(b) Refuse treatment to the extent permitted by law and to be informed of the consequences of that refusal.
(c) Refuse to participate in any medical experiments conducted at the facility.
(d) Retain his or her privacy concerning the patient’s program of medical care.
(e) Have any reasonable request for services reasonably satisfied by the facility considering its ability to do so.
(f) Receive continuous care from the facility. The patient must be informed:
(1) Of the patient’s appointments for treatment and the names of the persons available at the facility for those treatments; and
(2) By his or her physician or an authorized representative of the physician, of the patient’s need for continuing care.
2. Except as otherwise provided in NRS 108.640, 239.0115, 439.597, 442.300 to 442.330, inclusive, and 449A.103 and chapter 629 of NRS, discussions of the care of a patient, consultation with other persons concerning the patient, examinations or treatments, and all communications and records concerning the patient are confidential. The patient must consent to the presence of any person who is not directly involved with the patient’s care during any examination, consultation or treatment.
(Added to NRS by 1983, 821; A 1985, 1748; 1989, 2057; 1991, 2350; 1999, 1052, 3512; 2007, 1979, 2110; 2011, 362)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.114 - Certain facilities to notify patient and State Long-Term Care Ombudsman of intent to transfer patient and provide opportunity for patient or representative to meet with administrator; exceptions.

1. Except as otherwise provided in subsection 2, before a facility for intermediate care, facility for skilled nursing or residential facility for groups transfers a patient to another medical facility or facility for the dependent or discharges the patient or resident from the facility, the facility shall:
(a) At least 30 calendar days before transferring or discharging the patient, provide the patient and the Ombudsman with written notice of the intent to transfer or discharge the patient; and
(b) Within 10 calendar days after providing written notice to the patient or resident and the Ombudsman pursuant to paragraph (a), allow the patient and any person authorized by the patient the opportunity to meet in person with the administrator of the facility to discuss the proposed transfer or discharge.
2. The provisions of this section do not apply to:
(a) A voluntary discharge or transfer of a patient to another medical facility or facility for the dependent at the request of the patient; or
(b) The transfer of a patient to another facility because the condition of the patient necessitates an immediate transfer to a facility for a higher level of care.
3. As used in this section:
(a) "Facility for intermediate care" has the meaning ascribed to it in NRS 449.0038.
(b) "Facility for skilled nursing" has the meaning ascribed to it in NRS 449.0039.
(c) "Ombudsman" means the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125.
(Added to NRS by 2019, 440; A 2021, 3443; 2023, 718)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.115 - Owner and administrator of certain facility prohibited from receiving certain money or property from resident or former resident; exception.

1. Except as otherwise provided in subsection 3 and notwithstanding any other provision of law, an owner or administrator of a medical facility or facility for the dependent is not entitled to receive, and must not receive:
(a) Any money, personal property or real property that is devised or bequeathed by will to the owner or administrator by a resident or former resident of the facility.
(b) Any proceeds from a life insurance policy upon the life or body of a resident or former resident of the facility.
2. Except as otherwise provided in subsection 3, any money, property, proceeds or interest therein that is described in subsection 1 passes in accordance with law as if the owner or administrator of the medical facility or facility for the dependent had predeceased the decedent resident or former resident.
3. The provisions of subsections 1 and 2 do not apply if the owner or administrator of the medical facility or facility for the dependent is the spouse, legal guardian or next of kin of the resident or former resident of the facility or home, as applicable.
(Added to NRS by 2011, 696)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.121 - Procedure to insert implant in breast of patient: Informed consent required; withdrawal of consent; penalty.

1. A physician shall not perform any procedure to insert an implant in the breast of a patient unless within 5 days before the procedure is performed the physician has:
(a) Discussed with the patient and any other person whose consent is required pursuant to paragraph (b), the advantages, disadvantages and risks associated with the procedure; and
(b) Obtained informed consent in writing from the following persons freely and without coercion:
(1) The patient if he or she is 18 years of age or over or legally emancipated and competent to give that consent, and from the patient’s legal guardian, if any;
(2) The parent or guardian of a patient under 18 years of age and not legally emancipated; or
(3) The legal guardian of a patient of any age who has been adjudicated mentally incapacitated,
and the required consent was not withdrawn pursuant to subsection 3 before the procedure began.
2. An informed consent requires that the person whose consent is sought be adequately informed as to:
(a) The nature and consequences of the procedure;
(b) The reasonable risks, possible side effects, benefits and purposes of the procedure; and
(c) Any alternative procedures available.
3. The consent of a patient or other person whose consent is required pursuant to paragraph (b) of subsection 1 may be withdrawn in writing at any time before the procedure has begun, with or without cause.
4. A physician satisfies the requirements of:
(a) Paragraph (a) of subsection 1 if the physician provides the patient and any other person whose consent is required pursuant to paragraph (b) of subsection 1 with a copy of the current explanation form prepared by the Division pursuant to NRS 449A.124 in a language that the person is able to read.
(b) Paragraph (b) of subsection 1 if the person or persons whose consent is required sign a copy of the current consent form prepared by the Division pursuant to NRS 449A.124 freely and without coercion and the consent is not withdrawn pursuant to subsection 3 before the procedure has begun. The consent form must be in a language that the person who signs the form is able to read.
5. Any person who violates the provisions of this section is guilty of a misdemeanor.
(Added to NRS by 1991, 1690)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.124 - Procedure to insert implant in breast of patient: Contents of explanation form and consent form; fee for forms.

1. The Division shall prepare and provide to physicians upon request:
(a) An explanation form for a procedure to insert an implant in the breast of a person which includes:
(1) An explanation of the advantages, disadvantages and risks associated with a procedure to insert an implant in the breast of a person, including any known side effects; and
(2) Any other information the Division determines to be useful to a person contemplating a procedure to insert an implant in the breast; and
(b) A consent form for a procedure to insert an implant in the breast of a person which includes:
(1) The nature and consequences of the procedure;
(2) The reasonable risks, possible side effects, benefits and purposes of the procedure; and
(3) Any alternative procedures available.
2. The Division shall revise the explanation form and consent form as necessary to keep the medical information current.
3. The Division shall charge and collect a fee for all forms distributed pursuant to this section that is adequate to cover the cost of producing the forms.
(Added to NRS by 1991, 1690)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.150 - Definitions.

As used in NRS 449A.150 to 449A.165, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449A.153 and 449A.156 have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 1497; A 2011, 1524)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.156 - "Responsible party" defined.

"Responsible party" means the person who received the hospital care, the parent or guardian of the person who received the hospital care or another natural person who is legally responsible or has agreed to be responsible for the payment to the hospital of any charges incurred in connection with the hospital care.
(Added to NRS by 2007, 1497)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.159 - Limitations on efforts of hospitals to collect; date for accrual of interest; rate of interest; limitations on additional fees.

1. When a person receives hospital care, the hospital must not proceed with any efforts to collect on any amount owed to the hospital for the hospital care from the responsible party, other than for any copayment or deductible, if the responsible party has health insurance or may be eligible for Medicaid, the Children’s Health Insurance Program or any other public program which may pay all or part of the bill, until the hospital has submitted a bill to the health insurance company or public program and the health insurance company or public program has made a determination concerning payment of the claim.
2. Collection efforts may begin and interest may begin to accrue on any amount owed to the hospital for hospital care which remains unpaid by the responsible party not sooner than 30 days after the responsible party is sent a bill by mail stating the amount that he or she is responsible to pay which has been established after receiving a determination concerning payment of the claim by any insurer or public program and after applying any discounts. Interest must accrue at a rate which does not exceed the prime rate at the largest bank in Nevada as ascertained by the Commissioner of Financial Institutions on January 1 or July 1, as the case may be, immediately preceding the date on which the payment becomes due, plus 2 percent. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the payment is satisfied.
3. Except for the interest authorized pursuant to subsection 2 and any court costs and attorney’s fees awarded by a court, no other fees may be charged concerning the amount that remains unpaid, including, without limitation, collection fees, other attorney’s fees or any other fees or costs.
(Added to NRS by 2007, 1497; A 2011, 1525)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.165 - Manner of collection.

A hospital, or any person acting on its behalf who seeks to collect a debt from a responsible party for any amount owed to the hospital for hospital care must collect the debt in a professional, fair and lawful manner. When collecting such a debt, the hospital or other person acting on its behalf must act in accordance with sections 803 to 812, inclusive, of the federal Fair Debt Collection Practices Act, as amended, 15 U.S.C. §§ 1692a to 1692j, inclusive, even if the hospital or person acting on its behalf is not otherwise subject to the provisions of that Act.
(Added to NRS by 2007, 1498)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.170 - Definitions.

As used in NRS 449A.170 to 449A.192, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449A.172 to 449A.178, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2023, 1372)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.180 - Requirements for representative of patient.

A person may serve as the representative of a patient in a facility for skilled nursing, including, without limitation, a patient who is the roommate of a patient who wishes to submit or has submitted a request pursuant to NRS 449A.182, for the purposes of NRS 449A.170 to 449A.192, inclusive, if the person:
1. Is the guardian of the patient whom he or she is representing and:
(a) The power to make decisions on behalf of the patient pursuant to NRS 449A.170 to 449A.192, inclusive, is specifically authorized under the existing guardianship; or
(b) The guardian has separately petitioned for and been granted such power by the court that has jurisdiction over the guardianship; or
2. Has been given power of attorney to make decisions concerning health care for the patient pursuant to NRS 162A.700 to 162A.870, inclusive, and the power to make decisions on behalf of the patient pursuant to NRS 449A.170 to 449A.192, inclusive, is specifically delegated to the person in the power of attorney.
(Added to NRS by 2023, 1372)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.184 - Responsibilities of patient; requirements for device.

1. If a facility for skilled nursing approves a request to install and use an electronic communication device in the living quarters of a patient pursuant to NRS 449A.182, the patient or the representative of the patient is solely responsible for:
(a) Choosing the electronic communication device, subject to the limitations prescribed by subsection 3;
(b) The cost of the electronic communication device;
(c) The cost of installing, maintaining and removing the electronic communication device, if applicable, other than the cost of electricity used to power the electronic communication device; and
(d) The cost of any repairs required due to the installation or removal of the device.
2. A patient who is discharged from a facility for skilled nursing or the representative of such a patient remains solely responsible for the costs described in subsection 1, including, without limitation, such costs that are incurred after the discharge of the patient.
3. An electronic communication device chosen by a patient or the representative of a patient pursuant to subsection 1 must:
(a) Be capable of being temporarily disabled or turned on and off; and
(b) If the device communicates using video or other visual transmission, to the greatest extent practicable, be installed:
(1) With a fixed viewpoint of the living quarters; or
(2) In a manner that avoids capturing images of activities such as bathing, dressing and toileting.
(Added to NRS by 2023, 1374)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.186 - Prohibitions; exceptions.

1. Except as otherwise provided in this section, a person other than the patient or the representative of the patient who has requested the installation and use of an electronic communication device pursuant to NRS 449A.182 shall not intentionally:
(a) Obstruct, tamper with or destroy the electronic communication device or any recording made by the electronic communication device; or
(b) View or listen to any images or sounds which are displayed, broadcast or recorded by the electronic communication device.
2. The following persons may view or listen to the images or sounds which are displayed, broadcast or recorded by an electronic communication device installed and used pursuant to NRS 449A.182 or temporarily disable or turn off such a device:
(a) A representative of a law enforcement agency who is conducting an investigation;
(b) A representative of the Aging and Disability Services Division or the Division of Public and Behavioral Health of the Department of Health and Human Services who is conducting an investigation;
(c) The State Long-Term Care Ombudsman; and
(d) An attorney who is representing the patient or a roommate of the patient and acting within the scope of that representation.
3. A patient or the representative of the patient who has requested the installation and use of an electronic communication device pursuant to NRS 449A.182 may authorize a person other than a person described in subsection 2 to view or listen to the images or sounds which are displayed, broadcast or recorded by the electronic communication device. Any such authorization must be made in writing. The patient or representative, as applicable, may provide a copy of the authorization to the facility and the roommate of the patient or the representative of the roommate, if any.
4. A person who temporarily disables or turns off an electronic communication device pursuant to subsection 2 shall ensure that the functions of the electronic communication device are appropriately enabled or turned back on before exiting the living quarters of the patient.
5. A facility for skilled nursing shall not deny admission to or discharge a patient from the facility or otherwise discriminate or retaliate against a patient because of a decision to request the installation and use of an electronic communication device in the living quarters of the patient pursuant to NRS 449A.182.
(Added to NRS by 2023, 1375)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.188 - Penalties.

1. A natural person who violates subsection 1 of NRS 449A.186:
(a) For a first offense, is liable for a civil penalty not to exceed $5,000.
(b) For a second and any subsequent offense:
(1) Is liable for a civil penalty not to exceed $10,000 for each violation; and
(2) Is guilty of a misdemeanor.
2. In addition to any disciplinary action imposed pursuant to chapter 449 of NRS, a facility for skilled nursing or any person, partnership, association or corporation establishing, conducting, managing or operating a facility for skilled nursing who violates subsection 1 or 5 of NRS 449A.186:
(a) For a first offense, is liable for a civil penalty not to exceed $10,000.
(b) For a second and any subsequent offense:
(1) Is liable for a civil penalty not to exceed $20,000 for each violation; and
(2) Is guilty of a misdemeanor.
3. The Attorney General or any district attorney may recover any civil penalty assessed pursuant to this section in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.
(Added to NRS by 2023, 1375)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.190 - Facility to post notice where device is in use; employee prohibited from refusing to perform duties because of device.

1. A facility for skilled nursing shall post a notice in a conspicuous place at the entrance to the living quarters of a patient which contains an electronic communication device stating that such a device is in use in that living quarters.
2. An employee of a facility of skilled nursing shall not refuse to enter the living quarters of a patient which contains an electronic communication device installed pursuant to NRS 449A.182 or fail to perform any of the duties of the employee on the grounds that such a device is in use.
(Added to NRS by 2023, 1376)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.192 - Regulations; inapplicability where device installed by law enforcement agency.

1. The State Board of Health may adopt regulations necessary to carry out the provisions of NRS 449A.170 to 449A.192, inclusive.
2. The provisions of NRS 449A.170 to 449A.192, inclusive, do not apply if an electronic communication device is installed by a law enforcement agency and used solely for a legitimate law enforcement purpose.
(Added to NRS by 2023, 1376)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.200 - Definitions.

As used in NRS 449A.200 to 449A.263, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449A.203 to 449A.230, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 3247)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.203 - "Aversive intervention" defined.

"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 the person’s 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.
The term does not include the withholding or withdrawal of life-sustaining treatment in accordance with NRS 449A.454 or 449A.500 to 449A.581, inclusive.
(Added to NRS by 1999, 3247; A 2013, 2288)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.206 - "Chemical restraint" defined.

"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.
(Added to NRS by 1999, 3247; A 2021, 3112)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.218 - "Facility" defined.

"Facility" means a facility licensed pursuant to chapter 449 of NRS that is a psychiatric hospital, as defined in NRS 449.0165, or a unit of a hospital that is specifically designated to provide care and services to persons with psychiatric or developmental disabilities.
(Added to NRS by 1999, 3248; A 2021, 3444)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.224 - "Person with a disability" defined.

"Person with a disability" means a person who:
1. Has a physical or mental impairment that substantially limits one or more of the major life activities of the person;
2. Has a record of such an impairment; or
3. Is regarded as having such an impairment.
(Added to NRS by 1999, 3248)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.236 - Forms of restraint: Restrictions on use.

A person employed by a facility licensed pursuant to chapter 449 of NRS or any other person shall not:
1. Except as otherwise provided in NRS 449A.239, use physical restraint on a person with a disability who is a patient at the facility.
2. Except as otherwise provided in NRS 449A.242, use mechanical restraint on a person with a disability who is a patient at the facility.
3. Except as otherwise provided in NRS 449A.245, use chemical restraint on a person with a disability who is a patient at the facility.
(Added to NRS by 1999, 3248)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.239 - Physical restraint: Permissible use; report of use in emergency.

1. Except as otherwise provided in subsection 2, physical restraint may be used on a person with a disability who is a patient at a facility 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 patient so that the patient 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 patient at a facility and the provisions of subsection 1 do not apply if the physical restraint is used to:
(a) Assist the patient in completing a task or response if the patient does not resist the application of physical restraint or if the patient’s resistance is minimal in intensity and duration;
(b) Escort or carry a patient to safety if the patient is in danger in his or her present location; or
(c) Conduct medical examinations or treatments on the patient that are necessary.
3. If physical restraint is used on a person with a disability who is a patient at a facility in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 449A.263, 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.
(Added to NRS by 1999, 3249)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.242 - Mechanical restraint: Permissible use; report of use in emergency.

1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a person with a disability who is a patient at a facility 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 patient’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 patient 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 patient 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 patient will stop or control his or her inappropriate behavior without the use of the restraint;
(g) The record of the patient contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the patient 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 patient during the time that mechanical restraint is used on the patient; and
(i) The patient is released from the mechanical restraint as soon as the behavior of the patient no longer presents an immediate threat to himself or herself or others.
2. Mechanical restraint may be used on a person with a disability who is a patient at a facility and the provisions of subsection 1 do not apply if the mechanical restraint is used to:
(a) Treat the medical needs of a patient;
(b) Protect a patient who is known to be at risk of injury to himself or herself because the patient lacks coordination or suffers from frequent loss of consciousness;
(c) Provide proper body alignment to a patient; or
(d) Position a patient who has physical disabilities in a manner prescribed in the patient’s plan of treatment.
3. If mechanical restraint is used on a person with a disability who is a patient at a facility in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 449A.263, 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.
(Added to NRS by 1999, 3249; A 2017, 1766)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.245 - Chemical restraint: Permissible use; report of use.

1. Chemical restraint may only be used on a person with a disability who is a patient at a facility if:
(a) The patient has been diagnosed as 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 patient 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 patient’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 patient 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 patient, the use of the procedure must be reported as a denial of rights pursuant to NRS 449A.263, 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.
(Added to NRS by 1999, 3250; A 2017, 1767; 2019, 367)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.248 - Authorized use of certain forms of restraint by certain facilities.

Notwithstanding the provisions of NRS 449A.236 to 449A.245, inclusive, to the contrary, a facility may use or authorize the use of physical restraint, mechanical restraint or chemical restraint on a person with a disability who is a patient if the facility is:
1. Accredited by a nationally recognized accreditation association or agency; or
2. Certified for participation in the Medicaid or Medicare program,
only to the extent that the accreditation or certification allows the use of such restraint.
(Added to NRS by 1999, 3248)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.251 - Education and training of members of staff of facility.

1. Each facility shall develop a program of education for the members of the staff of the facility to provide instruction in positive behavioral interventions and positive behavioral supports that:
(a) Includes positive methods to modify the environment of patients to promote adaptive behavior and reduce the occurrence of inappropriate behavior;
(b) Includes methods to teach skills to patients so that patients can replace inappropriate behavior with adaptive behavior;
(c) Includes methods to enhance a patient’s independence and quality of life;
(d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of patients; and
(e) Offers a process for designing interventions based upon the patient that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the patient.
2. Each facility shall provide appropriate training for the members of the staff of the facility who are authorized to carry out and monitor physical restraint and mechanical restraint to ensure that those members of the staff are competent and qualified to carry out the procedures in accordance with NRS 449A.200 to 449A.263, inclusive.
(Added to NRS by 1999, 3250)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.254 - Violations: Criminal penalties; ineligibility for employment; disciplinary action.

1. Unless a more severe penalty is prescribed by specific statute, a person who willfully uses aversive intervention on a person with a disability who is a patient at a facility or, except as otherwise provided in NRS 449A.248, violates NRS 449A.236:
(a) For a first violation that does not result in substantial bodily harm to the person with a disability, is guilty of a gross misdemeanor.
(b) For a first violation that results in substantial bodily harm to the person with a disability, is guilty of a category B felony.
(c) For a second or subsequent violation, is guilty of a category B felony.
A person who is 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.
2. A person who is convicted pursuant to this section is ineligible for 5 years for employment with a facility.
3. 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.
(Added to NRS by 1999, 3251)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.257 - Violations: Report required; development and review of and compliance with corrective plan.

1. A facility where a violation of the provisions of NRS 449A.200 to 449A.263, inclusive, occurs shall report the violation to the Division not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.
2. A facility where a violation occurred shall develop, in cooperation with the Division, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the facility to prevent future violations.
3. The Division shall forward the plan to the Board. The Board shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The Board may require appropriate revision of the plan to ensure compliance.
4. If the facility where the violation occurred does not meet the requirements of the plan to the satisfaction of the Board, the Board may direct the agency that administers funding for the facility to withhold state funding for the facility until the facility meets the requirements of the plan.
(Added to NRS by 1999, 3251)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.260 - Prohibition on retaliation against person for reporting or providing information regarding violation.

An officer, administrator or employee of a facility licensed pursuant to this chapter shall not retaliate against any person for having:
1. Reported a violation of NRS 449A.200 to 449A.263, inclusive; or
2. Provided information regarding a violation of NRS 449A.200 to 449A.263, inclusive,
by a facility or a member of the staff of the facility.
(Added to NRS by 1999, 3252)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.263 - Entry of denial of rights in patient’s record; notice and report of denial; action by Division.

1. A denial of rights of a person with a disability who is a patient of a facility pursuant to NRS 449A.200 to 449A.263, inclusive, must be entered in the patient’s record. Notice of the denial must be provided to the administrator of the facility.
2. If the administrator of a facility receives notice of a denial of rights pursuant to subsection 1, the administrator shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the Division.
3. The Division:
(a) Shall receive reports made pursuant to subsection 2;
(b) May investigate apparent violations of the rights of persons with disabilities who are patients at facilities; and
(c) May act to resolve disputes relating to apparent violations.
(Added to NRS by 1999, 3252)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.270 - Definitions.

As used in NRS 449A.270 to 449A.286, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449A.272, 449A.274 and 449A.276 have the meanings ascribed to them in those sections.
(Added to NRS by 2023, 715)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.274 - "Representative of the resident" defined.

"Representative of the resident" means a natural person who is designated in writing by a resident to be his or her representative. The term includes, without limitation, a person given power of attorney to make decisions concerning health care for the resident pursuant to NRS 162A.700 to 162A.870, inclusive, or a person appointed as a guardian of the resident under the provisions of chapter 159 of NRS.
(Added to NRS by 2023, 715)
2023 Nevada Revised Statutes › Chapter 449A - Care and Rights of Patients › NRS 449A.278 - Prohibition on certain persons serving as representative of resident; exception.

The owner, agent or employee of a residential facility for groups or a provider of health care must not serve as the representative of a resident for the purposes of NRS 449A.270 to 449A.286, inclusive, unless the owner, agent, employee or provider is related to the resident by consanguinity or affinity within the third degree.
(Added to NRS by 2023, 715)