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2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.240 - Examination of person alleged to be person in mental health crisis; protective custody pending hearing.

1. After the filing of a petition to commence proceedings for the involuntary court-ordered admission of a person pursuant to NRS 433A.200 and 433A.210, the court shall promptly cause two or more physicians, psychologists or advanced practice registered nurses who have the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, one of whom must always be a physician, to examine the person alleged to be a person in a mental health crisis, or request an evaluation by an evaluation team from the Division of the person alleged to be a person in a mental health crisis.
2. Subject to the provisions in subsection 1, the judge assigned to hear a proceeding brought pursuant to NRS 433A.200 to 433A.330, inclusive, shall have complete discretion in selecting the medical professionals to conduct the examination required pursuant to subsection 1.
3. To conduct the examination of a person who is not being detained at a mental health facility or hospital under a mental health crisis hold pursuant to NRS 433A.160, the court may order a peace officer to take the person into protective custody and transport the person to a mental health facility or hospital where the person may be detained until a hearing is had upon the petition or motion, as applicable.
4. If the person is not being detained under a mental health crisis hold pursuant to NRS 433A.160, the person may be allowed to remain in his or her home or other place of residence pending an ordered examination or examinations and to return to his or her home or other place of residence upon completion of the examination or examinations. The person may be accompanied by one or more of his or her relations or friends to the place of examination.
5. Each physician, psychologist and advanced practice registered nurse who examines a person pursuant to subsection 1 shall, in conducting such an examination, consider the least restrictive treatment appropriate for the person.
6. Each physician, psychologist and advanced practice registered nurse who examines a person pursuant to subsection 1 shall, not later than 24 hours before the hearing set pursuant to subsection 1 of NRS 433A.220, submit to the court in writing a summary of his or her findings and evaluation regarding the person alleged to be a person in a mental health crisis.
(Added to NRS by 1975, 1604; A 1983, 507; 1989, 1760; 1995, 2414; 2001, 3045; 2013, 3490; 2017, 1645, 1750, 3005; 2021, 3088)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.250 - Evaluation team: Establishment; composition; fees.

1. The Administrator shall establish such evaluation teams as are necessary to aid the courts under NRS 433A.240 and 433A.310.
2. Each team must be composed of a psychiatrist and other persons professionally qualified in the field of psychiatric mental health who are representative of the Division, selected from personnel in the Division.
3. Fees for the evaluations must be established and collected as set forth in NRS 433.414 or 433B.260, as appropriate.
(Added to NRS by 1975, 1605; A 1983, 507; 1985, 424; 1993, 2722; 2013, 3491; 2021, 3089)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.260 - Transfer of case to county where persons to conduct examination are available; expense of proceedings paid by county of residence of person to be admitted.

1. If a petition is filed pursuant to NRS 433A.200 with the clerk of the district court in a county where the examining personnel required pursuant to NRS 433A.240 are not available, the district court must transfer the case to the nearest county having such examining personnel available before any hearing on the petition and not later than 1 judicial day after the petition was filed. Not later than 6 days after a case is transferred to a district court pursuant to this subsection, that district court shall:
(a) Set a time, date and place for its hearing in accordance with NRS 433A.220; and
(b) Appoint counsel for the person, if required by NRS 433A.270.
2. The entire expense of proceedings for involuntary court-ordered admission shall be paid by the county where the person to be admitted resides.
(Added to NRS by 1975, 1605; A 2021, 3089)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.270 - Right to counsel; compensation of counsel; recess; duties of district attorney.

1. The person alleged to be a person in a mental health crisis or any relative or friend on the person’s behalf is entitled to retain counsel to represent the person in any proceeding before the district court relating to involuntary court-ordered admission, and if he or she fails or refuses to obtain counsel, the court must advise the person and the person’s guardian or next of kin, if known, of such right to counsel and shall appoint counsel.
2. The court shall award any counsel appointed pursuant to subsection 1 compensation for his or her services in an amount determined by it to be fair and reasonable. The compensation must be charged against the estate of the person for whom the counsel was appointed or, if the person is indigent, against the county where the person alleged to be a person in a mental health crisis last resided.
3. The court shall, at the request of counsel representing the person alleged to be a person in a mental health crisis in proceedings before the court relating to involuntary court-ordered admission, grant a recess in the proceedings for the shortest time possible, but for not more than 5 days, to give the counsel an opportunity to prepare his or her case.
4. Each district attorney or his or her deputy shall appear and represent the State in all involuntary court-ordered admission proceedings in the district attorney’s county. The district attorney is responsible for the presentation of evidence, if any, in support of the involuntary court-ordered admission of a person to a mental health facility in proceedings held pursuant to NRS 433A.200 and 433A.210.
(Added to NRS by 1975, 1605; A 2001, 3046; 2013, 3491; 2021, 2271, 3090)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.280 - Testimony.

In proceedings for involuntary court-ordered admission, the court shall hear and consider all relevant testimony, including, but not limited to, the testimony of examining personnel who participated in the evaluation of the person alleged to be a person in a mental health crisis and the certificates of physicians, certified psychologists or advanced practice registered nurses accompanying the petition, if applicable. The court may consider testimony relating to any past actions of the person alleged to be a person in a mental health crisis if such testimony is probative of the question of whether the person is presently a person in a mental health crisis.
(Added to NRS by 1975, 1606; A 1999, 120; 2017, 1751, 3006; 2019, 358)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.290 - Right of person alleged to be in mental health crisis to be present and testify.

In proceedings for an involuntary court-ordered admission, the person with respect to whom the proceedings are held shall be present and may, at the discretion of the court, testify.
(Added to NRS by 1975, 1606)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.300 - Fees and mileage for witnesses.

Witnesses subpoenaed under the provisions of this chapter shall be paid the same fees and mileage as are paid to witnesses in the courts of the State of Nevada.
(Added to NRS by 1975, 1606)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.320 - Clinical abstract to accompany order.

The order for involuntary court-ordered admission of any person to a public or private mental health facility must be accompanied by a clinical abstract, including a history of illness, diagnosis, treatment and the names of relatives or correspondents.
(Added to NRS by 1975, 1607; A 2013, 3493; 2021, 3093)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.330 - Transportation to facility.

When an involuntary court admission to a mental health facility is ordered under the provisions of this chapter, the involuntarily admitted person, together with the court orders and certificates of the physicians, certified psychologists, advanced practice registered nurses or evaluation team and a full and complete transcript of the notes of the official reporter made at the examination of such person before the court, must be delivered to the sheriff of the county who shall:
1. Transport the person; or
2. Arrange for the person to be transported by:
(a) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority;
(b) A provider of nonemergency secure behavioral health transport services licensed under the regulations adopted pursuant to NRS 433.3317; or
(c) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,
to the appropriate public or private mental health facility.
(Added to NRS by 1975, 1607; A 2001, 1018; 2013, 3493; 2017, 1751; 2019, 361, 1925)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.336 - Hearing on petition or motion; notice.

1. Immediately after the clerk of the district court receives a petition filed pursuant to subsection 1 of NRS 433A.335 or NRS 433A.345, the clerk shall transmit the petition to the appropriate district judge, who shall set a time, date and place for its hearing. Immediately after a motion is made pursuant to subsection 2 of NRS 433A.335, the district judge shall set a time, date and place for its hearing. The date must be:
(a) Within 30 judicial days after the date on which the petition is received by the clerk or the motion is made, as applicable; or
(b) If the person who is the subject of the petition or motion is hospitalized at the time of the petition or motion, before that person is to be discharged and within a sufficient time to arrange for a continuous transition from inpatient treatment to assisted outpatient treatment.
2. If the Chief Judge, if any, of the district court has assigned a district court judge or hearing master to preside over hearings pursuant to this section, that judge or hearing master must preside over the hearing.
3. The court shall give notice of the petition or motion and of the time, date and place of any proceedings thereon to the person who is the subject of the petition or motion, his or her attorney, if known, the person’s legal guardian, the petitioner, if applicable, the district attorney of the county in which the court has its principal office, the local office of an agency or organization that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq. to protect and advocate the rights of persons with a mental illness and the administrative office of any public or private mental health facility or hospital in which the subject of the petition or motion is detained.
(Added to NRS by 2021, 3070)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.338 - Right to counsel; compensation of counsel; recess; continuation of representation by counsel during assisted outpatient treatment.

1. The person who is the subject of a petition filed or motion made pursuant to NRS 433A.335 or 433A.345 or any relative or friend on the person’s behalf is entitled to retain counsel to represent the person in any proceeding before the district court relating to assisted outpatient treatment. If he or she fails or refuses to obtain counsel, the court must advise the person and his or her guardian or next of kin, if known, of such right to counsel and must appoint counsel, who may be the public defender or his or her deputy. The person must be represented by counsel at all stages of the proceedings.
2. The court shall award compensation to any counsel appointed pursuant to subsection 1 for his or her services in an amount determined by the court to be fair and reasonable. The compensation must be charged against the estate of the person for whom the counsel was appointed or, if the person is indigent, against the county where the person who is the subject of the petition or motion last resided.
3. The court shall, at the request of counsel representing the subject of the petition or motion in proceedings before the court relating to assisted outpatient treatment, grant a recess in the proceedings for the shortest time possible, but for not more than 7 days, to give the counsel an opportunity to prepare his or her case.
4. If the person who is the subject of the petition or motion is ordered to receive assisted outpatient treatment, counsel must continue to represent the person until the person is released from the program. The court shall serve notice upon such counsel of any action that is taken involving the person while the person is required by the order to receive assisted outpatient treatment.
(Added to NRS by 2021, 3072)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.339 - Duty of district attorney to appear in proceedings; presentation of case when district attorney does not appear.

1. The district attorney of a county in which a petition is filed or motion is made pursuant to NRS 433A.335 or 433A.345 or his or her deputy:
(a) Must appear and represent the State in the proceedings for assisted outpatient treatment if:
(1) The proceedings were initiated by:
(I) A petition filed pursuant to subsection 1 of NRS 433A.335 or NRS 433A.345 by the Administrator or his or her designee or the medical director of a division facility or his or her designee; or
(II) A motion made pursuant to subsection 2 of NRS 433A.335; and
(2) The district attorney determines that there is clear and convincing evidence that the criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345, as applicable, are met.
(b) May appear and represent the State in the proceedings for assisted outpatient treatment in any other case where the district attorney determines that there is clear and convincing evidence that the criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345, as applicable, are met.
2. If the district attorney does not appear and represent the State in a proceeding for assisted outpatient treatment, the petitioner is responsible for presenting the case in support of the petition.
(Added to NRS by 2021, 3072)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.341 - Testimony.

1. In proceedings for assisted outpatient treatment, the court shall hear and consider all relevant testimony, including, without limitation:
(a) The testimony of the person who made a sworn statement or declaration pursuant to paragraph (a) of subsection 4 of NRS 433A.335, any personnel of the Division responsible for a clinical determination made pursuant to subparagraph (3) of paragraph (b) of subsection 2 of NRS 433A.335 or the person or entity responsible for the decision to submit a petition pursuant to NRS 433A.345, as applicable;
(b) The testimony of any supporter or legal guardian of the person who is the subject of the proceedings, if that person wishes to testify; and
(c) If the proposed written treatment plan submitted pursuant to NRS 433A.337 recommends medication and the person who is the subject of the petition or motion objects to the recommendation, the testimony of the person professionally qualified in the field of psychiatric mental health who prescribed the recommendation.
2. The court may consider testimony relating to any past actions of the person who is the subject of the petition or motion if such testimony is probative of the question of whether the person currently meets the criteria prescribed by subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345, as applicable.
(Added to NRS by 2021, 3073; A 2023, 1802)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.342 - Presence and testimony of subject of petition.

1. Except as otherwise provided in subsection 2, the person who is the subject of a petition or motion for assisted outpatient treatment must be present at the proceedings on the petition or motion, as applicable, and may, at the discretion of the court, testify.
2. The court may conduct the hearing on a petition or motion for assisted outpatient treatment in the absence of the person who is the subject of the petition or motion if:
(a) The person has waived his or her right to attend the hearing after receiving notice pursuant to NRS 433A.336 and being advised of his or her right to be present and the potential consequences of failing to attend; and
(b) The counsel for the person is present.
(Added to NRS by 2021, 3073)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.344 - Petition for evaluation of recipient of assisted outpatient treatment; conditions for granting of petition.

1. A person professionally qualified in the field of psychiatric mental health who is responsible for providing assisted outpatient treatment to a person ordered by a court to receive assisted outpatient treatment pursuant to NRS 433A.343 may petition the court to issue an order requiring a peace officer to take into custody and deliver the person to an appropriate location for a prompt evaluation by the professional to determine whether the person is a person in a mental health crisis if:
(a) The person who is the subject of the petition has failed to comply with the plan of assisted outpatient treatment ordered pursuant to NRS 433A.343;
(b) The petitioner has made reasonable efforts to solicit such compliance; and
(c) The failure to comply with the plan of assisted outpatient treatment may cause the person who is the subject of the petition to harm himself or herself or others.
2. A petition pursuant to subsection 1 must set forth:
(a) The specific provisions of the plan of assisted outpatient treatment which the subject of the petition has failed to carry out;
(b) The efforts made by the petitioner to solicit compliance; and
(c) The basis for the petitioner’s belief that the failure to comply with the plan of assisted outpatient treatment may cause the subject of the petition to harm himself or herself or others.
3. If the court determines that there is probable cause to believe that the conditions described in paragraphs (a), (b) and (c) of subsection 1 have been satisfied, the court may issue an order requiring a peace officer to take into custody and deliver the person who is the subject of the petition to an appropriate location for a prompt evaluation by the petitioner to determine whether the person is a person in a mental health crisis.
4. As used in this section, "appropriate location" means any location identified by a petitioner but does not include a jail or prison.
(Added to NRS by 2021, 3076)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.345 - Petition to renew order for assisted outpatient treatment; service; hearing.

1. Not later than 7 judicial days before the end of a period of assisted outpatient treatment ordered by a court pursuant to NRS 433A.343, the Administrator or his or her designee, the medical director of a division facility through which the person who is the subject of the order is receiving assisted outpatient treatment or his or her designee or another person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment may petition to renew the order for assisted outpatient treatment for an additional period that does not exceed 6 months. The petition for renewal must allege that:
(a) Because of his or her mental illness, the person to be treated is unwilling or unlikely to voluntarily participate in outpatient treatment that would enable the person to live safely in the community without the supervision of the court; and
(b) Assisted outpatient treatment is the least restrictive appropriate means to prevent further disability or deterioration that would result in the person to be treated becoming a person in a mental health crisis.
2. A copy of a petition filed pursuant to subsection 1 must be served upon the person who is the subject of the petition or his or her counsel and, if applicable, his or her legal guardian.
3. Upon receiving a petition filed pursuant to subsection 1, the court shall schedule a hearing on the petition pursuant to NRS 433A.336. If the order for assisted outpatient treatment that is effective at the time of the petition is scheduled to expire before the hearing, the order is extended and remains in effect until the date of the hearing.
(Added to NRS by 2021, 3076)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.350 - Information to be furnished to consumer upon admission to facility or assisted outpatient treatment.

1. Upon admission to any public or private mental health facility or to assisted outpatient treatment, each consumer and the consumer’s spouse and legal guardian, if any, must receive a written statement outlining in simple, nontechnical language all procedures for release provided by this chapter, setting out all rights accorded to such a consumer by this chapter and chapters 433 and 433B of NRS and, if the consumer has no legal guardian, describing procedures provided by law for adjudication of incapacity and appointment of a guardian for the consumer.
2. Written information regarding the services provided by and means of contacting the local office of an agency or organization that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of persons in a mental health crisis must be posted in each public and private mental health facility and in each location in which assisted outpatient treatment is provided and must be provided to each consumer upon admission.
(Added to NRS by 1975, 1610; A 1993, 2115, 2722; 1995, 676; 2011, 427; 2013, 3494; 2021, 3093)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.370 - Escape or absence without leave.

1. When a consumer committed by a court to a division facility on or before June 30, 1975, or a consumer who is judicially admitted on or after July 1, 1975, or a person who is involuntarily detained pursuant to NRS 433A.145 to 433A.300, inclusive, escapes from any division facility, or when a judicially admitted consumer has not returned to a division facility from conditional release after the administrative officer of the facility has ordered the consumer to do so, any peace officer shall, upon written request of the administrative officer or the administrative officer’s designee and without the necessity of a warrant or court order, apprehend, take into custody and deliver the person to such division facility or another state facility.
2. Any person appointed or designated by the Director of the Department to take into custody and transport to a division facility persons who have escaped or failed to return as described in subsection 1 may participate in the apprehension and delivery of any such person, but may not take the person into custody without a warrant.
(Added to NRS by 1975, 1609; A 1999, 867; 2001, 3047; 2011, 429)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.400 - Return of indigent to county of last residence or county where involuntarily admitted; delivery of indigent person to another state pursuant to Interstate Compact on Mental Health; notice.

1. An indigent resident of this state discharged as having been determined to no longer be a person in a mental health crisis, but having a residual medical or surgical disability which prevents him or her from obtaining or holding remunerative employment, must be returned to the county of his or her last residence, except as otherwise provided pursuant to subsections 2 and 3. A nonresident indigent with such disabilities must be returned to the county from which he or she was involuntarily court-admitted, except as otherwise provided in subsections 2 and 3. The administrative officer of the mental health facility shall first give notice in writing, not less than 10 days before discharge, to the board of county commissioners of the county to which the person will be returned and to the person’s legal guardian.
2. Delivery of the indigent person must be made to an individual or agency authorized to provide further care. If the person has a legal guardian, the facility shall notify the guardian before discharging the person from the facility. The legal guardian has discretion to determine where the person will be released, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the person will be released within 3 days after the date of notification, the facility shall discharge the person according to its proposed discharge plan. Notification of a guardian pursuant to this subsection must be provided:
(a) In person or by telephone; or
(b) If the mental health facility is not able to contact the guardian in person or by telephone, by facsimile, electronic mail or certified mail.
3. An indigent person may be delivered to a state that is a party to the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543 regardless of residency in the manner provided in the Compact.
4. This section does not authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.
(Added to NRS by 1975, 1607; A 2009, 1669; 2015, 1036; 2021, 3098)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.420 - Transfer to hospital of Department of Veterans Affairs or other facility; duties of medical director and Commission 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 shall review the transfer pursuant to subsections 2 and 3 of NRS 433.534.
(Added to NRS by 1975, 1611; A 1981, 894; 1985, 2271; 1995, 1092; 2011, 430)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.430 - Transfer to facility in other state: Examination; contract; objection to transfer; fee for examination.

1. Whenever the Administrator determines that division facilities within the State are inadequate for the care of any person in a mental health crisis, the Administrator may designate two physicians, licensed under the provisions of chapter 630 or 633 of NRS and familiar with the field of psychiatry, or advanced practice registered nurses who have the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, to examine that person. If the two physicians or advanced practice registered nurses concur with the opinion of the Administrator, the Administrator may:
(a) Transfer the person to a state that is a party to the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543 in the manner provided in the Compact; or
(b) Contract with appropriate corresponding authorities in any other state of the United States that is not a party to the Compact and has adequate facilities for such purposes for the reception, detention, care or treatment of that person, but if the person in any manner objects to the transfer, the procedures in subsection 3 of NRS 433.484 and subsections 2 and 3 of NRS 433.534 must be followed. The two physicians or advanced practice registered nurses so designated are entitled to a reasonable fee for their services which must be paid by the county of the person’s last known residence.
2. Money to carry out the provisions of this section must be provided by direct legislative appropriation.
(Added to NRS by 1975, 1609; A 1981, 895, 1527; 1999, 1826; 2003, 1177; 2015, 1036; 2017, 1753)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.440 - Transfer of nonresident to state of residence.

1. If any person involuntarily court-admitted to any division facility pursuant to NRS 433A.310 is found by the court not to be a resident of this State and to be a resident of another state, the person may be transferred to the state of his or her residence pursuant to NRS 433.444, and, if applicable, the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543, if an appropriate institution of that state is willing to accept the person.
2. The approval of the Administrator of the Division of Public and Behavioral Health of the Department must be obtained before any transfer is made pursuant to subsection 1.
(Added to NRS by 1975, 1607; A 1993, 2723; 1999, 102; 2015, 1037)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.450 - Detention and treatment of offender in mental health crisis.

When a psychiatrist and one other person professionally qualified in the field of psychiatric mental health determines that an offender confined in an institution of the Department of Corrections is a person in a mental health crisis, the Director of the Department of Corrections shall apply to the Administrator for the offender’s detention and treatment at a division facility selected by the Administrator. If the Administrator determines that adequate security or treatment is not available in a division facility, the Administrator shall provide, within the resources available to the Division and as the Administrator deems necessary, consultation and other appropriate services for the offender at the place where the offender is confined. It is the Director’s decision whether to accept such services.
(Added to NRS by 1975, 1609; A 1977, 871; 1983, 509; 2001, 240)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.460 - Legal capacity of person admitted to facility or assisted outpatient treatment unimpaired unless adjudicated incapacitated.

No person admitted to a public or private mental health facility or who receives assisted outpatient treatment pursuant to this chapter shall, by reason of such admission or treatment, be denied the right to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote and hold a driver’s license, unless such person has been specifically adjudicated incapacitated by a court of competent jurisdiction and has not been restored to legal capacity.
(Added to NRS by 1975, 1610; A 2013, 3496; 2021, 3099)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.470 - Guardian may be appointed for person adjudicated incapacitated.

A person adjudicated by a court to be incapacitated who is admitted to a public or private mental health facility may have a guardian appointed either by the admitting court or by the district court of the county wherein the mental health facility is located, on the application of any interested person or, in the case of an indigent, on the application of the district attorney of the county wherein the mental health facility is located. The provisions of chapter 159 of NRS shall govern the appointment and administration of guardianships created pursuant to this chapter.
(Added to NRS by 1975, 1610)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.480 - Evaluation of person adjudicated incapacitated; initiation of action for restoration to legal capacity.

1. The medical director of a division mental health facility shall have all persons adjudicated incapacitated of that facility automatically evaluated no less than once every 6 months to determine whether or not there is sufficient cause to believe that the consumer remains unable to exercise rights to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote or hold a driver’s license.
2. If the medical director has sufficient reason to believe that the consumer remains unable to exercise these rights, such information shall be documented in the consumer’s treatment record.
3. If there is no such reason to believe the consumer is unable to exercise these rights, the medical director shall immediately initiate proper action to cause to have the consumer restored to legal capacity.
(Added to NRS by 1975, 1610; A 2011, 430)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.490 - Restoration of legal capacity of person previously adjudicated incapacitated.

Any person in the State of Nevada who, by reason of a judicial decree ordering the person’s hospitalization entered prior to July 1, 1975, is considered to be incapacitated and is denied the right to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote or hold a driver’s license solely by reason of such decree shall, upon the expiration of the 6-month period immediately following such date, be deemed to have been restored to legal capacity unless, within such 6-month period, affirmative action is commenced to have the person adjudicated incapacitated by a court of competent jurisdiction.
(Added to NRS by 1975, 1610)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.580 - Arrangements for payment of costs required.

No person may be admitted or transferred to a private hospital or a division mental health facility, ordered to receive assisted outpatient treatment or transferred to a different person professionally qualified in the field of psychiatric mental health to provide assisted outpatient treatment pursuant to the provisions of this chapter unless mutually agreeable financial arrangements relating to the costs of treatment are made between the private hospital, division facility or person professionally qualified in the field of psychiatric mental health responsible for providing assisted outpatient treatment and the consumer or person requesting his or her admission.
(Added to NRS by 1975, 1614; A 2011, 430; 2013, 3496; 2021, 3099)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.590 - Schedule of fees.

1. Fees for the cost of treatment and services rendered through any division facility must be established pursuant to the fee schedule established under NRS 433.404 or 433B.250, as appropriate.
2. The maximum fee established by the schedule must approximate the actual cost per consumer for the class of consumer care provided.
3. The fee schedule must allow for a consumer to pay a portion of the actual cost if it is determined that the consumer and his or her responsible relatives pursuant to NRS 433A.610 are unable to pay the full amount. That determination must be made pursuant to NRS 433A.640 and 433A.650.
4. Any reduction pursuant to subsection 3 of the amount owed must not be calculated until all of the benefits available to the consumer from third-party sources, other than Medicaid, have been applied to pay the actual cost for the care provided.
(Added to NRS by 1975, 1614; A 1993, 1239, 2723; 2011, 430)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.600 - Charges to nonindigent persons admitted to facility or assisted outpatient treatment and responsible relative; recovery by civil action; disposition of receipts.

1. A person who is admitted to a division facility or who receives assisted outpatient treatment operated by the Division and not determined to be indigent and every responsible relative pursuant to NRS 433A.610 of the person shall be charged for the cost of treatment and is liable for that cost. If after demand is made for payment the person or his or her responsible relative fails to pay that cost, the administrative officer or person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment, as applicable, may recover the amount due by civil action.
2. All sums received pursuant to subsection 1 must be deposited in the State Treasury and may be expended by the Division for the support of that facility or of assisted outpatient treatment in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
(Added to NRS by 1975, 1615; A 1985, 2272; 1993, 1240; 2013, 3496; 2021, 3099)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.610 - 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 in a mental health crisis who is a minor or the spouse of a person in a mental health crisis, if of sufficient ability, and the estate of the person in a mental health crisis, if the estate is sufficient for the purpose, shall pay the cost of the maintenance for the person in a mental health crisis, including treatment and surgical operations, in any hospital in which the person is hospitalized under the provisions of this chapter:
(a) To the administrative officer if the person is admitted to a division facility; or
(b) In all other cases, to the hospital rendering the service.
2. If a person or an estate liable for the care, maintenance and support of a committed person neglects or refuses to pay the administrative officer or the hospital rendering the service, the State is entitled to recover, by appropriate legal action, all money owed to a division facility or which the State has paid to a hospital for the care of a committed person, plus interest at the rate established pursuant to NRS 99.040.
(Added to NRS by 1975, 1614; A 1987, 1446; 1993, 1240; 2017, 790)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.620 - Limitation on payment from estate of person admitted to facility.

Payment for the care, support, maintenance and other expenses of a person admitted to a division mental health facility shall not be exacted from such person’s estate if there is a likelihood of such person’s recovery or release from such facility and payment will reduce the person’s estate to such an extent that he or she is likely to become a burden on the community in the event of his or her discharge from such facility.
(Added to NRS by 1975, 1615)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.630 - 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 433A.610 and the guardian of the estate of a consumer may, from time to time, pay money to the division facility for the future personal needs of the consumer who is incapacitated and for the consumer’s burial expenses. Money paid pursuant to this subsection must be credited to the consumer in the consumers’ personal deposit fund established pursuant to NRS 433.539.
(Added to NRS by 1975, 1615; A 1993, 1240; 2011, 430)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.640 - Parties responsible for payment of charges after court-ordered admission; investigation of ability to pay.

1. Once a court has ordered the admission of a person to a division facility, the administrative officer must make an investigation, pursuant to the provisions of this chapter, to determine whether the person or his or her responsible relatives pursuant to NRS 433A.610 are capable of paying for all or a portion of the costs that will be incurred during the period of admission.
2. If a person is admitted to a division facility or required to receive assisted outpatient treatment pursuant to a court order, that person and his or her responsible relatives are responsible for the payment of the actual cost of the treatment and services rendered during his or her admission to the division facility or while he or she is receiving assisted outpatient treatment unless the investigation reveals that the person and his or her responsible relatives are not capable of paying the full amount of the costs.
3. Once a court has ordered a person to receive assisted outpatient treatment operated by the Division, the person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment must make an investigation, pursuant to the provisions of this chapter, to determine whether the person receiving the treatment or his or her responsible relatives pursuant to NRS 433A.610 are capable of paying for all or a portion of the costs that will be incurred during the period of treatment.
(Added to NRS by 1975, 1614; A 1993, 1241; 2013, 3497; 2021, 3099)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.650 - Benefits available from third party.

Determination of ability to pay pursuant to NRS 433A.640 must include investigation of whether the consumer has benefits due and owing to the consumer for the cost of his or her treatment from third-party sources, such as Medicare, Medicaid, social security, medical insurance benefits, retirement programs, annuity plans, government benefits or any other financially responsible third parties. The administrative officer of a division mental health facility or person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment may accept payment for the cost of a consumer’s treatment from the consumer’s insurance company, Medicare or Medicaid and other similar third parties.
(Added to NRS by 1975, 1614; A 2011, 431; 2013, 3497; 2021, 3100)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.660 - Collection of fees by legal action and other methods.

1. If the consumer, his or her responsible relative pursuant to NRS 433A.610, guardian or the estate neglects or refuses to pay the cost of treatment to the division facility or to the person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment operated by the Division rendering service pursuant to the fee schedule established under NRS 433.404 or 433B.250, as appropriate, the State is entitled to recover by appropriate legal action all sums due, plus interest.
2. Before initiating such legal action, the division facility or person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment, as applicable, shall demonstrate efforts at collection, which may include contractual arrangements for collection through a private collection agency.
(Added to NRS by 1975, 1615; A 1993, 1241, 2723; 2011, 431; 2013, 3497; 2021, 3100)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.680 - 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 433A.610 for the consumer’s care. In the case of an indigent consumer or a consumer whose estate is inadequate to pay the expenses, the expenses must be charged to the county from which the admission to the division facility was made, if the consumer had, before admission, been a resident of that county. The expense of such diagnostic, medical and surgical services must not in any case be a charge against or paid by the State of Nevada, except when in the opinion of the administrative officer of the division mental health facility to which the consumer is admitted payment should be made for nonresident indigent consumers and money is authorized pursuant to NRS 433.374 or 433B.230 and the money is authorized in approved budgets.
(Added to NRS by 1975, 1617; A 1993, 1241, 1972, 2724; 1995, 664; 2011, 431; 2019, 2646)
2023 Nevada Revised Statutes › Chapter 433A - Admission to Mental Health Facilities or Assisted Outpatient Treatment; Hospitalization › NRS 433A.690 - Claim against estate of deceased consumer.

Claims by a division mental health facility against the estates of deceased consumers may be presented to the executor or Administrator in the manner required by law, and shall be paid as preferred claims equal to claims for expenses of last illness. When a deceased person has been maintained at a division mental health facility at a rate less than the maximum usually charged, or the facility has incurred other expenses for the benefit of the person for which full payment has not been made, the estate of the person shall be liable if the estate is discovered within 5 years after the person’s death.
(Added to NRS by 1975, 1617; A 2011, 432)