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2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.442 - Training and education concerning sexual abuse.

The Division shall ensure that each facility to which a person with an intellectual disability or a person with a developmental disability is able to be admitted pursuant to this chapter provides:
1. Training to each employee of the facility regarding the protocol that must be followed if the employee becomes aware of any sexual abuse of a person with an intellectual disability or a person with a developmental disability that is admitted to the facility; and
2. Education to each person with an intellectual disability or person with a developmental disability that is admitted to the facility which:
(a) Is appropriate with regard to the level of the person’s intellectual and developmental abilities; and
(b) Explains what sexual abuse is and how to report sexual abuse.
(Added to NRS by 2019, 1915)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.445 - Inspection of facility.

The Division or its designated agent may inspect any division facility providing services for persons with intellectual disabilities or persons with developmental disabilities to determine if the facility is in compliance with the provisions of this chapter and any regulations adopted pursuant thereto.
(Added to NRS by 2013, 3017; A 2017, 2826)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.450 - Division facility required to forward patient’s medical records upon transfer of patient from facility.

1. If a patient in a division facility is transferred to another division facility or to a medical facility, a facility for the dependent or a physician licensed to practice medicine, the division facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the facility or physician. Except as otherwise required by 42 U.S.C. § 290dd, 290dd-1 or 290dd-2 or NRS 439.591 or 439.597, the division facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.
2. As used in this section, "medical records" includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.
(Added to NRS by 2013, 3018)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.455 - Contracts with hospital or other institution for care of persons.

The Division may, by contract with hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of persons with intellectual disabilities or persons with developmental disabilities.
(Added to NRS by 2013, 3017; A 2017, 2826; 2019, 2646)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.460 - Contract with persons professionally qualified in field of psychiatric mental health for care of persons.

The Division may contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for persons with intellectual disabilities or persons with developmental disabilities when it appears that they can be treated best in that manner.
(Added to NRS by 2013, 3017; A 2017, 2826)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.465 - Contracts for cooperation with governmental agencies and others.

For the purposes of this chapter, the Department through the Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual or a group of individuals. Such contracts or agreements may include provisions whereby the Division will render services, the payment for which will be reimbursed directly to the Division’s budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.
(Added to NRS by 2013, 3018)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.470 - Involuntary court-ordered admission to private institution not precluded.

Nothing in this chapter precludes the involuntary court-ordered admission of a person with an intellectual disability or a person with a developmental disability to a private institution where such admission is authorized by law.
(Added to NRS by 2013, 3018; A 2017, 2826)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.475 - State not responsible for payment of costs of care and treatment at other facility; exceptions.

The State is not responsible for payment of the costs of care and treatment of persons admitted to a facility not operated by the Division except where, before admission, the Administrator or the Administrator’s designee authorizes the expenditure of state money for such purpose.
(Added to NRS by 2013, 3018)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.480 - Legislative appropriations; payment of claims.

Money to carry out the provisions of this chapter must be provided by legislative appropriation from the State General Fund, and paid out on claims as other claims against the State are paid. All claims relating to a division facility individually must be approved by the administrative officer of such facility before they are paid.
(Added to NRS by 2013, 3018)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.485 - Acceptance by Department of money from other sources.

For the purposes of this chapter, the Department may accept:
1. Money appropriated and made available by any act of the Congress of the United States;
2. Money and contributions made available by a county, a city, a public district or any political subdivision of this State; and
3. Money and contributions made available by a public or private corporation, a private foundation, an individual or a group of individuals.
(Added to NRS by 2013, 3019)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.490 - Acceptance by Administrator of donations, gifts and grants for disbursement to certain programs; contract for services for evaluation and recommendation of recipients for disbursements.

1. Upon approval of the Director of the Department, the Administrator may accept:
(a) Donations of money and gifts of real or personal property; and
(b) Grants of money from the Federal Government,
for use in public or private programs that provide services to persons in this State with intellectual disabilities or persons with developmental disabilities.
2. The Administrator shall disburse any donations, gifts and grants received pursuant to this section to programs that provide services to persons with intellectual disabilities or persons with developmental disabilities in a manner that supports the plan to coordinate services created by the Commission on Behavioral Health pursuant to subsection 7 of NRS 433.316. In the absence of a plan to coordinate services, the Administrator shall make disbursements to programs that will maximize the benefit provided to persons with intellectual disabilities or persons with developmental disabilities in consideration of the nature and value of the donation, gift or grant.
3. Within limits of legislative appropriations or other available money, the Administrator may enter into a contract for services related to the evaluation and recommendation of recipients for the disbursements required by this section.
(Added to NRS by 2013, 3019; A 2017, 2826)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.495 - Schedule of fees for services rendered through programs supported by State; disposition of receipts; amount of fee for services of facility.

1. The Division shall establish a fee schedule for services rendered through any program supported by the State pursuant to the provisions of this chapter. The schedule must be submitted to the Commission on Behavioral Health and the Director of the Department for joint approval before enforcement. The fees collected by facilities operated by the Division pursuant to this schedule must be deposited in the State Treasury to the credit of the State General Fund, except as otherwise provided in NRS 435.465 for fees collected pursuant to contract or agreement and in NRS 435.120 for fees collected for services to consumers with intellectual disabilities or consumers with developmental disabilities.
2. For a facility providing services for the treatment of persons with intellectual disabilities or persons with developmental disabilities, the fee established must approximate the cost of providing the service, but if a consumer is unable to pay in full the fee established pursuant to this section, the Division may collect any amount the consumer is able to pay.
(Added to NRS by 2013, 3019; A 2017, 2827)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.500 - Fees of physicians and other professionally qualified employees of facility.

1. Physicians and other professional staff employed within any division facility shall receive a reasonable fee for evaluations, examinations or court testimony when directed by the court to perform such services.
2. If such evaluation or testimony is provided while the physician or other professional person is acting as an employee of a division facility, the fee shall be received by the division facility at which he or she is employed.
(Added to NRS by 2013, 3019)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.505 - Intellectual and developmental disability center revolving accounts.

An intellectual and developmental disability center revolving account up to the amount of $5,000 is hereby created for each division intellectual and developmental disability center, and may be used for the payment of bills of the intellectual and developmental disability center requiring immediate payment and for no other purposes. The respective administrative officers shall deposit the money for the respective revolving accounts in one or more banks or credit unions of reputable standing. Payments made from each account must be promptly reimbursed from appropriated money of the respective intellectual and developmental disability centers on claims as other claims against the State are paid.
(Added to NRS by 2013, 3020; A 2017, 2827)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.510 - Determination of residence.

For the purposes of this chapter, the residence of a person is:
1. The domicile of such person;
2. If the domicile of the person cannot be ascertained, the place where the person was last employed; or
3. If the domicile of the person cannot be ascertained and he or she is not or was not employed, the place where the person made his or her home or headquarters.
(Added to NRS by 2013, 3020)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.515 - Reciprocal agreement for returning consumers to legal residence; investigation and report concerning residence.

1. For the purpose of facilitating the return of nonresident consumers to the state in which they have legal residence, the Administrator may enter into reciprocal agreements, consistent with the provisions of this chapter, with the proper boards, commissioners or officers of other states for the mutual exchange of consumers confined in, admitted or committed to an intellectual or developmental disability facility in one state whose legal residence is in the other, and may give written permission for the return and admission to a division facility of any resident of this State when such permission is conformable to the provisions of this chapter governing admissions to a division facility.
2. The county clerk and board of county commissioners of each county, upon receiving notice from the Administrator that an application for the return of an alleged resident of this State has been received, shall promptly investigate and report to the Administrator their findings as to the legal residence of the consumer.
(Added to NRS by 2013, 3020; A 2017, 2827)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.520 - Expenses of returning consumer to legal residence.

1. All expenses incurred for the purpose of returning a consumer to the state in which the consumer has a legal residence shall be paid from the moneys of the consumer or by the relatives or other persons responsible for the consumer’s care and treatment under his or her commitment or admission.
2. In the case of indigent consumers whose relatives cannot pay the costs and expenses of returning such consumers to the state in which they have residence, the costs may be assumed by the State. These costs must be advanced from moneys appropriated for the general support of the division facility wherein the consumer was receiving care, treatment or training, if such consumer was committed to a division facility at the time of the transfer, and must be paid out on claims as other claims against the State are paid.
(Added to NRS by 2013, 3020)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.525 - Compliance with reciprocal agreements; acceptance for admission to division facility.

The Administrator shall:
1. Comply with any agreements made by the Administrator pursuant to NRS 435.515; and
2. Accept for admission to a division facility any resident child of this State for whom written permission for return and admission to a division facility was given by the Administrator pursuant to NRS 435.515.
(Added to NRS by 2013, 3020)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.530 - Definitions.

As used in NRS 435.530 to 435.615, inclusive, unless the context otherwise requires, the words and terms defined in NRS 435.535, 435.540 and 435.545 have the meanings ascribed to them in those sections.
(Added to NRS by 2013, 3021)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.535 - "Administrative officer" defined.

"Administrative officer" means a person with overall executive and administrative responsibility for a facility that provides services relating to intellectual disabilities or developmental disabilities and that is operated by any public or private entity.
(Added to NRS by 2013, 3021; A 2017, 2828)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.540 - "Facility" defined.

"Facility" means any:
1. Unit or subunit operated by the Division for the care, treatment and training of consumers.
2. Hospital, clinic or other institution operated by any public or private entity, for the care, treatment and training of consumers.
3. Partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof that enters into a contract with the Division for the care, treatment and training of consumers. As used in this subsection, "nonprofit organization" has the meaning ascribed to it in NRS 435.179.
(Added to NRS by 2013, 3021; A 2015, 61)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.550 - Right to habeas corpus unimpaired.

This chapter does not limit the right of any person detained hereunder to a writ of habeas corpus upon a proper application made at any time by such person or any other person on his or her behalf.
(Added to NRS by 2013, 3021)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.555 - Rights concerning admission and discharge of consumers.

1. Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning admission to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:
(a) The right not to be admitted to the facility under false pretenses or as a result of any improper, unethical or unlawful conduct by a staff member of the facility to collect money from the insurance company of the consumer or for any other financial purpose.
(b) The right to receive a copy, on request, of the criteria upon which the facility makes its decision to admit or discharge a consumer from the facility. Such criteria must not, for emergency admissions or involuntary court-ordered admissions, be based on the availability of insurance coverage or any other financial considerations.
2. As used in this section, "improper conduct" means a violation of the rules, policies or procedures of the facility.
(Added to NRS by 2013, 3021)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.560 - Rights concerning involuntary commitment.

1. Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning involuntary commitment to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:
(a) To request and receive a second evaluation by a psychiatrist or psychologist who does not have a contractual relationship with or financial interest in the facility. The evaluation must:
(1) Include, without limitation, a recommendation of whether the consumer should be involuntarily committed to the facility; and
(2) Be paid for by the consumer if the insurance carrier of the consumer refuses to pay for the evaluation.
(b) To receive a copy of the procedure of the facility regarding involuntary commitment and treatment.
(c) To receive a list of the consumer’s rights concerning involuntary commitment or treatment.
2. If the results of an evaluation conducted by a psychiatrist or psychologist pursuant to subsection 1 conflict in any manner with the results of an evaluation conducted by the facility, the facility may request and receive a third evaluation of the consumer to resolve the conflicting portions of the previous evaluations.
(Added to NRS by 2013, 3021)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.565 - Personal rights.

Each consumer admitted for evaluation, treatment or training to a facility has the following personal rights, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:
1. To wear the consumer’s own clothing, to keep and use his or her own personal possessions, including toilet articles, unless those articles may be used to endanger the consumer’s life or others’ lives, and to keep and be allowed to spend a reasonable sum of the consumer’s own money for expenses and small purchases.
2. To have access to individual space for storage for his or her private use.
3. To see visitors each day.
4. To have reasonable access to telephones, both to make and receive confidential calls.
5. To have ready access to materials for writing letters, including stamps, and to mail and receive unopened correspondence, but:
(a) For the purposes of this subsection, packages are not considered as correspondence; and
(b) Correspondence identified as containing a check payable to a consumer may be subject to control and safekeeping by the administrative officer of that facility or the administrative officer’s designee, so long as the consumer’s record of treatment documents the action.
6. To have reasonable access to an interpreter if the consumer does not speak English or is hearing impaired.
7. To designate a person who must be kept informed by the facility of the consumer’s medical and mental condition, if the consumer signs a release allowing the facility to provide such information to the person.
8. Except as otherwise provided in NRS 439.597, to have access to the consumer’s medical records denied to any person other than:
(a) A member of the staff of the facility or related medical personnel, as appropriate;
(b) A person who obtains a waiver by the consumer of his or her right to keep the medical records confidential; or
(c) A person who obtains a court order authorizing the access.
9. Other personal rights as specified by regulation of the Division.
(Added to NRS by 2013, 3022)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.575 - Individualized plan of services for consumer.

1. An individualized written plan of intellectual disability services or developmental disability services must be developed, as applicable, for each consumer of each facility. The plan must:
(a) Provide for the least restrictive treatment procedure that may reasonably be expected to benefit the consumer; and
(b) Be developed with the input and participation of:
(1) The consumer, to the extent that he or she is able to provide input and participate; and
(2) To the extent that the consumer is unable to provide input and participate, the parent or guardian of the consumer if the consumer is under 18 years of age and is not legally emancipated, or the legal guardian of a consumer who has been adjudicated incapacitated.
2. The plan must be kept current and must be modified, with the input and participation of the consumer, the parent or guardian of the consumer or the legal guardian of the consumer, as appropriate, when indicated. The plan must be thoroughly reviewed at least once every 3 months.
3. The person in charge of implementing the plan of services must be designated in the plan.
(Added to NRS by 2013, 3023; A 2017, 2828)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.580 - Basis for decisions, policies, procedures and practices regarding emergency admissions and involuntary court-ordered admissions.

1. Each facility shall make all of its decisions, policies, procedures and practices regarding emergency admissions or involuntary court-ordered admissions based upon clinical efficiency rather than cost containment.
2. This section does not preclude a public facility from making decisions, policies, procedures and practices within the limits of the money made available to the facility.
(Added to NRS by 2013, 3024)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.585 - Right to information; inspection and copying of records.

1. A consumer or the consumer’s legal guardian must be:
(a) Permitted to inspect the consumer’s records; and
(b) Informed of the consumer’s clinical status and progress at reasonable intervals of no longer than 3 months in a manner appropriate to his or her clinical condition.
2. Unless a psychiatrist has made a specific entry to the contrary in a consumer’s records, a consumer or the consumer’s legal guardian is entitled to obtain a copy of the consumer’s records at any time upon notice to the administrative officer of the facility and payment of the cost of reproducing the records.
(Added to NRS by 2013, 3024)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.590 - Medication: Responsibility of psychiatrist and physician; review of methods for administration and custody.

1. The attending psychiatrist or physician is responsible for all medication given or administered to a consumer.
2. Each administrative officer shall establish a policy for the review of the administration, storage and handling of medications by nurses and nonprofessional personnel.
(Added to NRS by 2013, 3024)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.595 - Labor by consumer: Conditions; compensation.

1. A consumer may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if:
(a) The consumer voluntarily agrees to perform the labor;
(b) Engaging in the labor is not inconsistent with and does not interfere with the plan of services for the consumer;
(c) The person responsible for the consumer’s treatment agrees to the plan of labor; and
(d) The amount of time or effort necessary to perform the labor is not excessive.
In no event may discharge or privileges be conditioned upon the performance of such labor.
2. A consumer who performs labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone must be adequately compensated and the compensation must be in accordance with applicable state and federal labor laws.
3. A consumer who performs labor other than that described in subsection 2 must be compensated an adequate amount if an economic benefit to another person or agency results from the consumer’s labor.
4. The administrative officer of the facility may provide for compensation of a resident when the resident performs labor not governed by subsection 2 or 3.
5. This section does not apply to labor of a personal housekeeping nature or to labor performed as a condition of residence in a small group living arrangement.
6. One-half of any compensation paid to a consumer pursuant to this section is exempt from collection or retention as payment for services rendered by the Division or its facilities. Such an amount is also exempt from levy, execution, attachment, garnishment or any other remedies provided by law for the collection of debts.
(Added to NRS by 2013, 3024)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.600 - Rights concerning suspension or violation of rights.

Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning the suspension or violation of his or her rights, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:
1. To receive a list of the consumer’s rights.
2. To receive a copy of the policy of the facility that sets forth the clinical or medical circumstances under which the consumer’s rights may be suspended or violated.
3. To receive a list of the clinically appropriate options available to the consumer or the consumer’s family to remedy an actual or a suspected suspension or violation of his or her rights.
4. To have all policies of the facility regarding the rights of consumers prominently posted in the facility.
(Added to NRS by 2013, 3025)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.605 - Document reflecting receipt of list of rights and explanation of rights.

Each facility shall, within a reasonable time after a consumer is admitted to the facility for evaluation, treatment or training, ask the consumer to sign a document that reflects that the consumer has received a list of the consumer’s rights and has had those rights explained to him or her.
(Added to NRS by 2013, 3025)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.610 - Denial of rights prohibited; exceptions; report; investigation and action by Commission on Behavioral Health; closure of meeting in certain circumstances.

1. The rights of a consumer enumerated in this chapter must not be denied except to protect the consumer’s health and safety or to protect the health and safety of others, or both. Any denial of those rights in any facility must be entered in the consumer’s record of treatment, and notice of the denial must be forwarded to the administrative officer of the facility. Failure to report denial of rights by an employee may be grounds for dismissal.
2. If the administrative officer of a facility receives notice of a denial of rights as provided in subsection 1, the officer shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. Except as otherwise provided in NRS 239.0115, such a report is confidential and must not be disclosed. A copy of the report must be sent to the Commission on Behavioral Health.
3. The Commission on Behavioral Health:
(a) Shall receive reports of and may investigate apparent violations of the rights guaranteed by this chapter;
(b) May act to resolve disputes relating to apparent violations;
(c) May act on behalf of consumers to obtain remedies for any apparent violations; and
(d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.
4. Pursuant to NRS 241.030, the Commission on Behavioral Health may close any portion of a meeting in which it considers the character, alleged misconduct or professional competence of a person in relation to:
(a) The denial of the rights of a consumer; or
(b) The care and treatment of a consumer.
The provisions of this subsection do not require a meeting of the Commission on Behavioral Health to be closed to the public.
(Added to NRS by 2013, 3025)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.615 - Retaliation by officer, director or employee of facility prohibited.

An officer, director or employee of a facility shall not retaliate against any person for having:
1. Reported any violation of law; or
2. Provided information regarding a violation of law,
by the facility or a staff member of the facility.
(Added to NRS by 2013, 3026)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.620 - Personal deposit funds for consumers.

1. There may be maintained as a trust fund at each division facility a consumers’ personal deposit fund.
2. Money coming into the possession of the administrative officer of a division facility which belongs to a consumer must be credited in the fund in the name of that consumer.
3. When practicable, individual credits in the fund must not exceed the sum of $300.
4. Any amounts to the credit of a consumer may be used for purchasing personal necessities, for expenses of burial or may be turned over to the consumer upon the consumer’s demand, except that when the consumer is adjudicated incapacitated the guardian of the consumer’s estate has the right to demand and receive the money.
5. An amount accepted for the benefit of a consumer for a special purpose must be reserved for that purpose regardless of the total amount to the credit of the consumer.
6. Except as otherwise provided in subsection 7, the administrative officers shall deposit any money received for the funds of their respective facilities in commercial accounts with one or more banks or credit unions of reputable standing. When deposits in a commercial account exceed $15,000, the administrative officer may deposit the excess in a savings account paying interest in any reputable commercial bank, or in any credit union, savings and loan association or savings bank within this state that is federally insured or insured by a private insurer approved pursuant to NRS 672.755. The savings account must be in the name of the fund. Interest paid on deposits in the savings account may be used for recreational purposes at the division facility.
7. The administrative officers may maintain at their respective division facilities petty cash of not more than $400 of the money in the consumers’ personal deposit fund to enable consumers to withdraw small sums from their accounts.
(Added to NRS by 2013, 3026)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.625 - Disposition of personal property of consumer upon death.

Whenever any person admitted to a division facility dies, the administrative officer shall send written notice to the decedent’s legally appointed representative, listing the personal property remaining in the custody or possession of the facility. If there is no demand made upon the administrative officer of the facility by the decedent’s legally appointed representative, all personal property of the decedent remaining in the custody or possession of the administrative officer must be held by the officer for a period of 1 year from the date of the decedent’s death for the benefit of the heirs, legatees or successors of the decedent. At the end of this period, another notice must be sent to the decedent’s representative, listing the property and specifying the manner in which the property will be disposed of if not claimed within 15 business days. After 15 business days, all personal property and documents of the decedent, other than cash, remaining unclaimed in the possession of the administrative officer must be disposed of as follows:
1. All documents must be filed by the administrative officer with:
(a) The public administrator of the county from which the consumer was admitted; or
(b) If the office of public administrator has been abolished pursuant to NRS 253.125, the person employed or contracted with pursuant to NRS 253.125 to carry out the duties and responsibilities of chapter 253 of NRS in the county from which the consumer was admitted,
as applicable.
2. All other personal property must be sold at a public auction or by sealed bids. The proceeds of the sale must be applied to the decedent’s unpaid balance for costs incurred at the division facility.
(Added to NRS by 2013, 3026; A 2019, 1550)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.630 - Disposition of unclaimed personal property of consumer worth more than $100.

If a person admitted to a division facility is discharged or leaves and the person fails to recover personal property worth more than $100 in the custody of the administrative officer of the facility, the administrative officer shall notify the former consumer or the consumer’s legal representative in writing that personal property remains in the custody of the facility. The property must be held in safekeeping for the consumer for a period of 1 year from the date of discharge. If upon the expiration of the 1-year period no claim has been made upon the administrative officer by the person or the person’s legal representative, another notice must be sent to the person or the person’s legal representative, stating that personal property remains in the custody of the facility, and specifying the manner in which the property will be disposed of if not claimed within 15 business days. After 15 business days, the property may be considered unclaimed property and be disposed of in the manner provided for unclaimed property of deceased persons under the provisions of NRS 435.625.
(Added to NRS by 2013, 3027)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.635 - Disposition of unclaimed personal property of minimal value.

If, upon the death or release of a person admitted to a division facility, the value of unclaimed personal property in the possession of the administrative officer of the facility is so minimal that it cannot be sold at public auction or by sealed bid and if the property, either in its present condition or in an improved condition, cannot be used by the division facility, the administrative officer may order the personal property destroyed.
(Added to NRS by 2013, 3027)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.640 - Notification of death of consumer; burial.

1. Upon the death of a consumer, any known relatives or friends of the consumer shall be notified immediately of the fact of death.
2. The Administrator or the Administrator’s designee shall cause a decent burial to be provided for the consumer outside division facility grounds. The Administrator or the designee may enter into a contract with any person or persons, including governmental agencies or other instrumentalities, as the Administrator or the designee deems proper, for a decent burial. Where there are known relatives, and they are financially able, the cost of burial must be borne by the relatives. Where there are no known relatives, the cost of burial must be a charge against the State of Nevada, but the cost thereof must not exceed the amount charged for the burial of indigents in the county in which the burial takes place.
3. When a consumer has income from a pension payable through a division facility, and has no guardian, the Division may obligate operating funds for funeral expenses in the amount due under the pension benefits.
(Added to NRS by 2013, 3027)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.650 - Unlawful sale or transfer of intoxicating beverage on grounds of division facility.

1. Any person who, on the grounds of a division facility, sells, barters, exchanges or in any manner disposes of any spirituous or malt liquor or beverage to any person lawfully confined in the division facility is guilty of a gross misdemeanor.
2. This section does not apply to any physician prescribing or furnishing liquor to the person when the liquor is prescribed or furnished for medicinal purposes only.
(Added to NRS by 2013, 3029)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.655 - Liability of certain relatives and estate of person admitted to facility for payment of costs; recovery by legal action.

1. When a person is admitted to a division facility or hospital under one of the various forms of admission prescribed by law, the parent or legal guardian of a person with an intellectual disability or a person with a developmental disability who is a minor or the spouse of a person with an intellectual disability or a person with a developmental disability, if of sufficient ability, and the estate of the person with an intellectual disability or the person with a developmental disability, if the estate is sufficient for the purpose, shall pay the cost of the maintenance for the person with an intellectual disability or the person with a developmental disability, including treatment and surgical operations, in any hospital in which the person is hospitalized under the provisions of this chapter:
(a) To the administrative officer if the person is admitted to a division facility; or
(b) In all other cases, to the hospital rendering the service.
2. If a person or an estate liable for the care, maintenance and support of a committed person neglects or refuses to pay the administrative officer or the hospital rendering the service, the State is entitled to recover, by appropriate legal action, all money owed to a division facility or which the State has paid to a hospital for the care of a committed person, plus interest at the rate established pursuant to NRS 99.040.
(Added to NRS by 2013, 3031; A 2017, 791, 2829)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.660 - Special agreement for support of consumer adjudicated incapacitated; advance payments.

1. The administrative officers of the respective division facilities may enter into special agreements secured by properly executed bonds with the relatives, guardians or friends of consumers who are adjudicated incapacitated for subsistence, care or other expenses of such consumers. Each agreement and bond must be to the State of Nevada and any action to enforce the agreement or bond may be brought by the administrative officer.
2. Financially responsible relatives pursuant to NRS 435.655 and the guardian of the estate of a consumer may, from time to time, pay money to the division facility for the future personal needs of the consumer who is incapacitated and for the consumer’s burial expenses. Money paid pursuant to this subsection must be credited to the consumer in the consumers’ personal deposit fund established pursuant to NRS 435.620.
(Added to NRS by 2013, 3031)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.665 - Collection of fees by legal action and other methods.

1. If the consumer, his or her responsible relative pursuant to NRS 435.655, guardian or the estate neglects or refuses to pay the cost of treatment to the division facility rendering service pursuant to the fee schedule established under NRS 435.495, the State is entitled to recover by appropriate legal action all sums due, plus interest.
2. Before initiating such legal action, the division facility shall demonstrate efforts at collection, which may include contractual arrangements for collection through a private collection agency.
(Added to NRS by 2013, 3032)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.670 - Payment of costs of medical services rendered by person not on staff of facility of Division.

The expense of diagnostic, medical and surgical services furnished to a consumer admitted to a division facility by a person not on the staff of the facility, whether rendered while the consumer is in a hospital, an outpatient of a hospital or treated outside any hospital, must be paid by the consumer, the guardian or relatives responsible pursuant to NRS 435.655 for the consumer’s care. In the case of an indigent consumer or a consumer whose estate is inadequate to pay the expenses, the expenses must be charged to the county from which the admission to the division facility was made, if the consumer had, before admission, been a resident of that county. The expense of such diagnostic, medical and surgical services must not in any case be a charge against or paid by the State of Nevada, except when, in the opinion of the administrative officer of the division facility to which the consumer is admitted, payment should be made for nonresident indigent consumers and money is authorized pursuant to NRS 435.475 and the money is authorized in approved budgets.
(Added to NRS by 2013, 3032; A 2019, 2647)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.700 - 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 facility offering services for persons with intellectual disabilities or persons with developmental disabilities may return a prescription drug that is dispensed to a patient of the facility, but will not be used by that patient, to the dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for patients in that facility or for the purpose of transferring the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676 if:
(a) The drug is not a controlled substance;
(b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle that is sealed by the manufacturer of the drug;
(c) The drug is returned unopened and sealed in the original manufacturer’s packaging or bottle;
(d) The usefulness of the drug has not expired;
(e) The packaging or bottle contains the expiration date of the usefulness of the drug; and
(f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the return of the drug.
2. A dispensing pharmacy to which a drug is returned pursuant to this section may:
(a) Reissue the drug to fill other prescriptions for patients in the same facility if the registered pharmacist of the pharmacy determines that the drug is suitable for that purpose in accordance with standards adopted by the State Board of Pharmacy pursuant to subsection 5; or
(b) Transfer the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676.
3. No drug that is returned to a dispensing pharmacy pursuant to this section may be used to fill other prescriptions more than one time.
4. A facility offering services for persons with intellectual disabilities or persons with developmental disabilities shall adopt written procedures for returning drugs to a dispensing pharmacy pursuant to this section. The procedures must:
(a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted during their return.
(b) Require the maintenance and retention of such records relating to the return of such drugs as are required by the State Board of Pharmacy.
(c) Be approved by the State Board of Pharmacy.
5. The State Board of Pharmacy shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation, requirements for:
(a) Returning and reissuing such drugs pursuant to the provisions of this section.
(b) Transferring drugs to a nonprofit pharmacy pursuant to the provisions of this section and NRS 639.2676.
(c) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.
(Added to NRS by 2013, 3029; A 2017, 2830)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.705 - Transfer to hospital of Department of Veterans Affairs or other facility; duties of medical director and Commission on Behavioral Health upon objection of consumer.

The medical director of a division facility may order the transfer to a hospital of the Department of Veterans Affairs or other facility of the United States Government any admitted consumer eligible for treatment therein. If the consumer in any manner objects to the transfer, the medical director of the facility shall enter the objection and a written justification of the transfer in the consumer’s record and forward a notice of the objection to the Administrator, and the Commission on Behavioral Health shall review the transfer pursuant to subsections 2 and 3 of NRS 435.610.
(Added to NRS by 2013, 3031)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.710 - Transfer of nonresident to state of residence.

1. If any person involuntarily court-admitted to any division facility is found by the court not to be a resident of this State and to be a resident of another state, the person may be transferred to the state of his or her residence pursuant to NRS 435.515 if an appropriate institution of that state is willing to accept the person.
2. The approval of the Administrator must be obtained before any transfer is made pursuant to subsection 1.
(Added to NRS by 2013, 3031)