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2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.324 - Regulations.

1. The State Board of Health shall adopt regulations:
(a) For the care and treatment of persons with mental illness, persons with substance use disorders or persons with co-occurring disorders by all state agencies and facilities, and their referral to private facilities, including, without limitation, regulations governing the procedure for the involuntary administration of medication to persons with mental illness;
(b) To ensure continuity in the care and treatment provided to persons with mental illness, persons with substance use disorders or persons with co-occurring disorders in this State; and
(c) Necessary for the proper and efficient operation of the facilities of the Division.
2. The State Board of Health may adopt regulations to promote programs relating to mental health, substance use disorders and co-occurring disorders.
(Added to NRS by 1975, 1594; A 1985, 368, 2265; 1999, 2592; 2009, 664; 2013, 666, 3007; 2019, 347)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.325 - Inspection of facility.

The Commission or its designated agent may inspect any state facility providing services for persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders to determine if the facility is in compliance with the provisions of this title and any regulations adopted pursuant thereto.
(Added to NRS by 1985, 2263; A 1993, 2715; 1999, 2593; 2009, 664; 2013, 666, 3007; 2017, 2806)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.327 - Right of certain employees of Department to submit information or requests to Commission or appear before Commission.

Every employee of the Division, and every person employed by the Division of Child and Family Services of the Department pursuant to chapter 433B of NRS is entitled to submit written information or requests directly to the Commission or its individual members, or appear before it with its permission, but the Commission shall not interfere with the procedures for resolving the grievances of employees in the classified service of the State.
(Added to NRS by 1985, 2263; A 1993, 2716)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.331 - Adoption of regulations concerning abuse and neglect of consumers.

The Division shall adopt regulations to:
1. Provide for a more detailed definition of abuse of a consumer of the Division, consistent with the general definition given in NRS 433.554;
2. Provide for a more detailed definition of neglect of a consumer of the Division, consistent with the general definition given in NRS 433.554; and
3. Establish policies and procedures for reporting the abuse or neglect of a consumer of the Division.
(Added to NRS by 1989, 642; A 2011, 411)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.3315 - Adoption of regulations concerning consumers.

The Division shall adopt regulations:
1. To define the term "consumer" for the purposes of chapters 433 to 433C, inclusive, of NRS.
2. To specify the circumstances under which a consumer is eligible to receive services from the Division pursuant to chapters 433 to 433C, inclusive, of NRS, including, but not limited to, care, treatment, treatment to competency and training. Regulations adopted pursuant to this subsection must:
(a) Prescribe a system to categorize a recipient of community-based living arrangement services by the scope of services needed by the recipient; and
(b) Specify that a consumer is eligible to receive services only if the consumer:
(1) Has a documented diagnosis of a mental disorder based on the most recent edition of the
Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; and
(2) Except as otherwise provided in the regulations adopted pursuant to subsection 3, is not eligible to receive services through another public or private entity.
3. To specify the circumstances under which the provisions of subparagraph (2) of paragraph (b) of subsection 2 do not apply, including, without limitation, when the copay or other payment required to obtain services through another public or private entity is prohibitively high.
4. To establish policies and procedures for the referral of each consumer who needs services that the Division is unable to provide to the most appropriate organization or resource who is able to provide the needed services to that consumer.
5. To establish procedures by which a recipient of community-based living arrangement services with which the Division has entered into a contract may appeal a decision of the Division concerning eligibility for or authorization of services.
6. As used in this section, "community-based living arrangement services" has the meaning ascribed to it in NRS 449.0026.
(Added to NRS by 2011, 409; A 2013, 3008; 2019, 1779)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.3317 - Licensure and regulation of providers of nonemergency secure behavioral health transport services; regulations by State Board of Health.

1. The State Board of Health shall adopt regulations providing for the licensure and regulation of providers of nonemergency secure behavioral health transport services by the Division.
2. As used in this section, "nonemergency secure behavioral health transport services" means the use of a motor vehicle, other than an ambulance, as defined in NRS 450B.040, or other emergency response vehicle, that is specifically designed, equipped and staffed to transport a person with a mental illness or other behavioral health condition in a manner that:
(a) Allows observation of the person being transported; and
(b) Prevents the person being transported from escaping from the vehicle or accessing the driver or the means of controlling the vehicle.
(Added to NRS by 2019, 1923)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.332 - 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 1991, 2351; A 1993, 145; 2007, 1980; 2011, 1761)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.334 - Contract with hospital or other institution for care of consumers.

The Division may, by contract with hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of consumers with mental illness.
(Added to NRS by 1975, 1594; A 1999, 2593; 2011, 411; 2013, 666, 3008; 2019, 2645)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.344 - Contracts 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 mental illness when it appears that they can be treated best in that manner.
(Added to NRS by 1975, 1594; A 1983, 506; 1999, 2593; 2013, 666)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.354 - Contracts for cooperation with governmental entities and others; effect of payments to Division for such cooperation; immunity from and limitations on liability not waived.

1. For the purposes of chapters 433 to 433C, inclusive, of NRS, 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 provide staff, services or other resources, or any combination thereof, without payment, to further the purposes of the contract or agreement. If the contract or agreement includes a provision whereby the Division is paid for the provision of staff, services or other resources, the payment 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.
2. If the Administrator or the Administrator’s designee enters into a contract or agreement pursuant to subsection 1 with a private nonprofit corporation, the contract or agreement may allow:
(a) The Division to enter and inspect any premises that are related to services provided under the contract or agreement and to inspect any records that are related to services provided under the contract or agreement to ensure the welfare of any consumer served by the private nonprofit corporation under the contract or agreement;
(b) The Division and the private nonprofit corporation to share confidential information concerning any consumer served by the private nonprofit corporation under the contract or agreement; and
(c) The private nonprofit corporation to assign rights and obligations of the private nonprofit corporation under the contract or agreement to the Division.
3. The State, Department and Division do not waive any immunity from liability or limitation on liability provided by law by entering into a contract or agreement pursuant to this section and any such contract or agreement must include a provision to that effect.
(Added to NRS by 1975, 1594; A 1993, 2716; 2013, 313, 3008)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.364 - Involuntary court-ordered admission to private institution not precluded.

Nothing in chapters 433 to 433C, inclusive, of NRS precludes the involuntary court-ordered admission of a person with mental illness to a private institution where such admission is authorized by law.
(Added to NRS by 1975, 1594; A 2013, 3008)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.374 - 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 as otherwise provided in NRS 433B.230 or where, before admission, the Administrator or the Administrator’s designee authorizes the expenditure of state money for such purpose.
(Added to NRS by 1975, 1594; A 1993, 2716)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.384 - Legislative appropriations; payment of claims.

Money to carry out the provisions of chapters 433 to 433C, inclusive, of NRS 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 1975, 1594; A 1993, 2716; 2013, 3008)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.394 - Acceptance by Department of money from other sources.

For the purposes of chapters 433 to 433C, inclusive, of NRS, the Department may accept:
1. Moneys appropriated and made available by any act of the Congress of the United States;
2. Moneys and contributions made available by a county, a city, a public district or any political subdivision of this state; and
3. Moneys and contributions made available by a public or private corporation, a private foundation, an individual or a group of individuals.
(Added to NRS by 1975, 1595; A 2013, 3009)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.395 - 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 mental illness.
2. The Administrator shall disburse any donations, gifts and grants received pursuant to this section to programs that provide services to persons with mental illness in a manner that supports the plan to coordinate services created by the Commission 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 mental illness 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 1997, 3231; A 1999, 2593; 2013, 666, 3009)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.404 - 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 chapters 433 to 433C, inclusive, of NRS. The schedule must be submitted to the Commission and the Director of the Department for joint approval before enforcement. The fees collected by facilities operated by the Division pursuant to this schedule must be deposited in the State Treasury to the credit of the State General Fund, except as otherwise provided in NRS 433.354 for fees collected pursuant to contract or agreement.
2. For a facility providing services for the treatment of persons with mental illness, the fee established must approximate the cost of providing the service, but if a consumer is unable to pay in full the fee established pursuant to this section, the Division may collect any amount the consumer is able to pay.
(Added to NRS by 1975, 1594; A 1985, 2265; 1993, 2716; 1999, 2593; 2011, 411; 2013, 667, 3009)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.414 - 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, singularly or as a member of an evaluation team established pursuant to the provisions of chapter 433A of NRS.
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 1975, 1595)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.424 - Mental health center revolving accounts.

A mental health center revolving account up to the amount of $5,000 is hereby created for each division mental health center, and may be used for the payment of mental health center bills 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 mental health centers on claims as other claims against the State are paid.
(Added to NRS by 1975, 1595; A 1979, 812; 1983, 395; 1999, 1496; 2013, 667, 3009)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.425 - Definitions.

As used in NRS 433.425 to 433.4295, inclusive, unless the context otherwise requires, the words and terms defined in NRS 433.426 and 433.427 have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 2991)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.428 - Designation of behavioral health regions.

Five behavioral health regions are hereby created as follows:
1. The Northern Behavioral Health Region consisting of Carson City and the counties of Churchill, Douglas, Lyon and Storey;
2. The Washoe Behavioral Health Region consisting of the county of Washoe;
3. The Rural Behavioral Health Region consisting of the counties of Elko, Eureka, Humboldt, Lander, Pershing and White Pine;
4. The Southern Behavioral Health Region consisting of the counties of Esmeralda, Lincoln and Mineral and the portion of the county of Nye that is north of the 38th parallel of north latitude; and
5. The Clark Behavioral Health Region consisting of the county of Clark and the portion of the county of Nye that is south of the 38th parallel of north latitude.
(Added to NRS by 2017, 2991; A 2019, 2044)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.431 - Definitions.

As used in NRS 433.431 to 433.454, inclusive, unless the context otherwise requires, "division facility" means any unit or subunit operated by:
1. The Division of Public and Behavioral Health of the Department for the care, treatment and training of consumers; or
2. The Division of Child and Family Services of the Department pursuant to chapter 433B of NRS.
(Added to NRS by 1993, 2714; A 1999, 99; 2003, 1942; 2011, 411)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.434 - Determination of residence.

For purposes of chapters 433 to 433C, inclusive, of NRS, 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 1975, 1595; A 2013, 3010)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.444 - 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 with the proper boards, commissioners or officers of other states for the mutual exchange of consumers confined in, admitted or committed to a mental health facility in one state whose legal residence is in the other. Such reciprocal agreements must be consistent with the provisions of chapters 433 to 433C, inclusive, of NRS, including, if applicable, the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543.
2. The Administrator may give written permission for the return and admission to a division facility of any resident of this state when such permission is conformable to the provisions of chapters 433 to 433C, inclusive, of NRS governing admissions to a division facility, including, if applicable, the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543.
3. The county clerk and board of county commissioners of each county, upon receiving notice from the Administrator that an application for the return of an alleged resident of this state has been received, shall promptly investigate and report to the Administrator their findings as to the legal residence of the consumer.
(Added to NRS by 1975, 1595; A 2011, 412; 2013, 667, 3010; 2015, 1035)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.454 - 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 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 shall 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 shall be paid out on claims as other claims against the State are paid.
(Added to NRS by 1975, 1596; A 2011, 412)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.4545 - Administrator to serve as Compact Administrator; duties; regulations.

The Administrator shall serve as the Compact Administrator of the Interstate Compact on Mental Health. The Compact Administrator shall:
1. Cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the Compact or of any supplementary agreement entered into by this State under the Compact.
2. Enter into supplementary agreements with appropriate officials of other states pursuant to the Compact. If a supplementary agreement requires or contemplates the use of any institution or facility of this State or the provision of any service by this State, the supplementary agreement has no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.
3. Adopt any regulations necessary or convenient to carry out the Compact.
(Added to NRS by 2015, 1035)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.4547 - Construction.

1. To the extent possible, the provisions of the Interstate Compact on Mental Health are intended to supplement other statutory provisions governing the treatment and transfer of persons with mental illness and persons with intellectual disabilities and the return of such persons to their place of residence must be given effect to the extent that those provisions do not conflict with the provisions of the Compact.
2. Except as provided in subsection 3, if there is a conflict between the provisions of the Compact and any other provisions of NRS, the provisions of the Compact prevail.
3. Nothing in the Compact shall be construed to restrict any rights of a consumer as provided in NRS 433.456 to 433.536, inclusive.
(Added to NRS by 2015, 1035)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.456 - Definitions.

As used in NRS 433.456 to 433.536, inclusive, unless the context otherwise requires, the words and terms defined in NRS 433.458, 433.461 and 433.462 have the meanings ascribed to them in those sections.
(Added to NRS by 1989, 1755; A 1997, 3491; 2011, 412)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.458 - "Administrative officer" defined.

"Administrative officer" means a person with overall executive and administrative responsibility for a facility that provides services relating to mental health and that is operated by any public or private entity.
(Added to NRS by 1989, 1755; A 1999, 2594; 2013, 668, 3010)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.461 - "Facility" defined.

"Facility" means any:
1. Unit or subunit operated by the Division of Public and Behavioral Health of the Department for the care, treatment and training of consumers.
2. Unit or subunit operated by the Division of Child and Family Services of the Department pursuant to chapter 433B of NRS.
3. Hospital, clinic or other institution operated by any public or private entity, for the care, treatment and training of consumers.
(Added to NRS by 1989, 1755; A 1993, 2716; 1999, 99; 2011, 412)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.464 - Right to habeas corpus unimpaired.

The provisions of chapters 433 to 433C, inclusive, of NRS do 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 1975, 1596; A 2013, 3010)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.471 - 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 1997, 3490; A 1999, 866; 2011, 413)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.472 - 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 1997, 3490; A 1999, 1040; 2011, 413)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.482 - 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 Commission.
(Added to NRS by 1981, 892; A 1985, 2266; 1989, 1755; 1997, 3492; 2007, 1980; 2011, 413)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.494 - Individualized plan of services for consumer.

1. An individualized written plan of mental health services must be developed for each consumer of each facility. The plan must:
(a) Provide for the least restrictive treatment procedure that may reasonably be expected to benefit the consumer; and
(b) Be developed with the input and participation of:
(1) The consumer, to the extent that he or she is able to provide input and participate; and
(2) To the extent that the consumer is unable to provide input and participate, the parent or guardian of the consumer if the consumer is under 18 years of age and is not legally emancipated, or the legal guardian of a consumer who has been adjudicated incapacitated.
2. The plan must be kept current and must be modified, with the input and participation of the consumer, the parent or guardian of the consumer or the legal guardian of the consumer, as appropriate, when indicated. The plan must be thoroughly reviewed at least once every 3 months.
3. The person in charge of implementing the plan of services must be designated in the plan.
(Added to NRS by 1975, 1597; A 1989, 1757; 1999, 2594; 2005, 307; 2011, 415; 2013, 668, 3010)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.496 - 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 1997, 3491)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.504 - 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 1975, 1597; A 1987, 2221; 2009, 1666; 2011, 416)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.514 - Medication: Responsibility of psychiatrist and physician; review of methods for administration and custody.

1. The attending psychiatrist or physician shall be 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 1975, 1597; A 2011, 416)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.524 - 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 of Public and Behavioral Health of the Department or its facilities, or by the Division of Child and Family Services of the Department 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 1975, 1598; A 1993, 2718; 1999, 100; 2011, 416)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.531 - 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 1997, 3491; A 2011, 417)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.533 - 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 1997, 3491; A 2011, 417)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.534 - Denial of rights prohibited; exceptions; report; investigation and action by Commission; 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.
3. The Commission:
(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 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 to be closed to the public.
(Added to NRS by 1975, 1598; A 1979, 812; 1985, 2268; 1989, 1757; 1993, 2112, 2719; 1995, 676, 1735; 2007, 2106; 2011, 417)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.536 - 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 1997, 3491)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.538 - Definitions.

As used in NRS 433.538 to 433.543, inclusive, unless the context otherwise requires:
1. "Administrative officer" means a person with overall executive and administrative responsibility for a division facility.
2. "Division facility" means any unit or subunit operated by:
(a) The Division of Public and Behavioral Health of the Department for the care, treatment and training of consumers; or
(b) The Division of Child and Family Services of the Department pursuant to chapter 433B of NRS.
(Added to NRS by 1993, 2714; A 1999, 101; 2003, 1943; 2011, 418)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.539 - 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 1979, 252; A 1979, 1894; 1983, 395; 1999, 1497; 2011, 418)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.541 - 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 1979, 253; A 2011, 419; 2019, 1550)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.542 - 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 the fact 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 433.541.
(Added to NRS by 1979, 253; A 2011, 419)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.543 - 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 1979, 253)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.544 - 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 shall be borne by the relatives. Where there are no known relatives, the cost of burial shall be a charge against the State of Nevada, but the cost thereof shall 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 1975, 1599; A 2011, 419)
2023 Nevada Revised Statutes › Chapter 433 - General Provisions › NRS 433.545 - Definitions.

As used in NRS 433.545 to 433.551, inclusive, unless the context otherwise requires, the words and terms defined in NRS 433.5453 to 433.548, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 3229; A 2001, 2744)