2005 Nevada Revised Statutes - Chapter 433A — Admission to Mental Health Facilities, Hospitalization and Sealing of Records
CHAPTER 433A - ADMISSION TO MENTAL HEALTHFACILITIES, HOSPITALIZATION AND SEALING OF RECORDS
GENERAL PROVISIONS
NRS 433A.010 Applicabilityof chapter.
NRS 433A.011 Definitions.
NRS 433A.012 Administrativeofficer defined.
NRS 433A.013 Administratordefined.
NRS 433A.014 Clientdefined.
NRS 433A.015 Divisiondefined.
NRS 433A.016 Divisionfacility defined.
NRS 433A.017 Medicaldirector defined.
NRS 433A.018 Personprofessionally qualified in the field of psychiatric mental health defined.
NRS 433A.020 Administrativeofficer: Qualifications.
NRS 433A.030 Administrativeofficer: Powers and duties.
NRS 433A.040 Administrativeofficer: Other employment prohibited; exceptions.
NRS 433A.080 Coordinatorof medical programs: Qualifications and selection; powers and duties.
NRS 433A.090 RevolvingAccount for Northern Nevada Adult Mental Health Services.
NRS 433A.100 Giftaccounts in Department of Health and Human Services Gift Fund; sale orexchange of gifts of property.
NRS 433A.110 Canteenfor facility of division: Establishment and operation.
ADMISSION TO MENTAL HEALTH FACILITIES
General Provisions
NRS 433A.115 Mentallyill person defined.
NRS 433A.120 Typesof admission.
NRS 433A.130 Formsfor admission.
NRS 433A.140 Voluntaryadmission: Procedures for admission and release; effect of voluntary release.
Emergency Admission
NRS 433A.145 Restrictionson change of status from voluntary client to emergency admission.
NRS 433A.150 Detentionfor evaluation, observation and treatment; limitation on time.
NRS 433A.160 Procedurefor admission.
NRS 433A.165 Examinationrequired before transportation of person to mental health facility; treatmentrequired under certain circumstances before transportation of person to mentalhealth facility; payment of costs; regulations.
NRS 433A.170 Certificateof psychiatrist, licensed psychologist or physician required.
NRS 433A.180 Requirementsfor and limitations on applications and certificates.
NRS 433A.190 Noticeto spouse or guardian.
Involuntary Court-Ordered Admission
NRS 433A.200 Petition:Filing; certificate or statement of alleged mental illness; statement of parentconsenting to treatment of minor.
NRS 433A.210 Requirementsof petition that is filed after emergency admission.
NRS 433A.220 Hearingon petition; notice; discharge of person before hearing.
NRS 433A.230 Bondof petitioner.
NRS 433A.240 Examinationof person alleged to be mentally ill; protective custody pending hearing.
NRS 433A.250 Evaluationteam: Establishment; composition; fees.
NRS 433A.260 Proceedingsheld in county where persons to conduct examination are available; expense ofproceedings paid by county.
NRS 433A.270 Rightto counsel; compensation of counsel; recess; duties of district attorney.
NRS 433A.280 Testimony.
NRS 433A.290 Rightof person alleged to be mentally ill to be present and testify.
NRS 433A.300 Feesand mileage for witnesses.
NRS 433A.310 Findingsand order; expiration and renewal of admission; alternative courses oftreatment.
NRS 433A.320 Clinicalabstract to accompany order.
NRS 433A.330 Transportationto mental health facility.
HOSPITALIZATION
NRS 433A.350 Informationto be furnished to client upon admission.
NRS 433A.360 Clinicalrecords: Contents; confidentiality.
NRS 433A.370 Escapeor absence without leave.
NRS 433A.380 Conditionalrelease: No liability of State; restoration of rights; notice to court anddistrict attorney; order to return to facility; judicial review of order toreturn to facility.
NRS 433A.390 Releasewithout further order of court; early release.
NRS 433A.400 Returnof indigent to county of last residence or county where involuntarily admitted;notice.
NRS 433A.420 Transferto hospital of Department of Veterans Affairs or other facility; duties ofmedical director and Commission upon objection of client.
NRS 433A.430 Transferto facility in other state: Examination; contract; objection to transfer; feefor examination.
NRS 433A.440 Transferof nonresident to state of residence.
NRS 433A.450 Detentionand treatment of mentally ill offender.
NRS 433A.460 Legalcapacity of client unimpaired unless adjudicated incompetent.
NRS 433A.470 Guardianmay be appointed for person adjudicated incompetent.
NRS 433A.480 Evaluationof person adjudicated incompetent; initiation of action for restoration tolegal capacity.
NRS 433A.490 Restorationof legal capacity of person previously adjudicated incompetent.
PAYMENT OF COSTS OF HOSPITALIZATION AND TREATMENT
NRS 433A.580 Arrangementsfor payment of costs required.
NRS 433A.590 Scheduleof fees.
NRS 433A.600 Chargesto nonindigent client and responsible relative; recovery by civil action;disposition of receipts.
NRS 433A.610 Liabilityof certain relatives and estate of client for payment of costs; recovery bylegal action.
NRS 433A.620 Limitationon payment from estate of client.
NRS 433A.630 Specialagreement for support of client adjudicated incompetent; advance payments.
NRS 433A.640 Partiesresponsible for payment of charges after court-ordered admission; investigationof ability to pay.
NRS 433A.650 Benefitsavailable from third party.
NRS 433A.660 Collectionof fees by legal action and other methods.
NRS 433A.680 Paymentof costs of medical services rendered by person not on staff of facility ofDivision.
NRS 433A.690 Claimagainst estate of deceased client.
SEALING OF RECORDS
NRS 433A.701 Definitions.
NRS 433A.703 Rightto petition for sealing of records.
NRS 433A.705 Petition:Filing, contents and supplemental documents.
NRS 433A.707 Noticeof hearing on petition.
NRS 433A.709 Hearing;determination; court order.
NRS 433A.711 Effectof sealing records; inspection after sealing.
CRIMES AND PENALTIES
NRS 433A.740 Liabilityof public officer or employee.
NRS 433A.750 Unlawfulacts; penalties.
_________
GENERAL PROVISIONS
NRS
(Added to NRS by 1975, 1599; A 1993, 2721;
NRS
(Added to NRS by 1993, 2720)
NRS
(Added to NRS by 1993, 2720)
NRS
1. Except as otherwise provided in subsection 2, theAdministrator of the Division of Mental Health and Developmental Services ofthe Department.
2. Regarding the provision of services for the mentalhealth of children pursuant to NRS433B.010 to 433B.350, inclusive,the Administrator of the Division of Child and Family Services of theDepartment.
(Added to NRS by 1993, 2720; A
NRS
(Added to NRS by 1993, 2720; A 1997, 3493;
NRS
1. Except as otherwise provided in subsection 2, theDivision of Mental Health and Developmental Services of the Department.
2. Regarding the provision of services for the mentalhealth of children pursuant to NRS433B.010 to 433B.350, inclusive,the Division of Child and Family Services of the Department.
(Added to NRS by 1993, 2720; A
NRS
1. Except as otherwise provided in subsection 2, anyunit or subunit operated by the Division of Mental Health and DevelopmentalServices of the Department for the care, treatment and training of clients.
2. Any unit or subunit operated by the Division ofChild and Family Services of the Department pursuant to
(Added to NRS by 1993, 2721; A
NRS
(Added to NRS by 1993, 2721; A
NRS
1. A psychiatrist licensed to practice medicine inthis State who is certified by the American Board of Psychiatry and Neurology;
2. A psychologist licensed to practice in this State;
3. A social worker who holds a masters degree insocial work, is licensed by the state as a clinical social worker and isemployed by the Division;
4. A registered nurse who:
(a) Is licensed to practice professional nursing inthis State;
(b) Holds a masters degree in the field of psychiatricnursing; and
(c) Is employed by the Division; or
5. A marriage and family therapist licensed pursuantto chapter 641A of NRS.
(Added to NRS by 1993, 2721)
NRS
1. Be selected on the basis of training anddemonstrated administrative qualities of leadership in any one of the fields ofpsychiatry, medicine, psychology, social work, education or administration.
2. Be appointed on the basis of merit as measured byadministrative training or experience in programs relating to mental health,including care and treatment of mentally ill and mentally retarded persons andpersons with related conditions.
3. Have additional qualifications which are inaccordance with criteria prescribed by the Department of Personnel.
(Added to NRS by 1975, 1599; A 1979, 813; 1981, 1685;1983, 642; 1985, 2268; 1999,2594)
NRS
1. To exercise general supervision of and establishregulations for the government of the facilities designated by theAdministrator;
2. To be responsible for and supervise the fiscalaffairs and responsibilities of the facilities designated by the Administrator;
3. To appoint such medical, technical, clerical andoperational staff as the execution of his duties, the care and treatment ofclients and the maintenance and operation of the facilities designated by theAdministrator may require;
4. To make reports to the Administrator, and to supplythe Administrator with material on which to base proposed legislation;
5. To keep complete and accurate records of allproceedings, record and file all bonds and contracts, and assume responsibilityfor the custody and preservation of all papers and documents pertaining to hisoffice;
6. To inform the public in regard to the activitiesand operation of the facilities;
7. To invoke any legal, equitable or specialprocedures for the enforcement of his orders or the enforcement of theprovisions of this title and other statutes governing the facilities;
8. To submit an annual report to the Administrator onthe condition, operation, functioning and anticipated needs of the facilities;and
9. To assume responsibility for the nonmedical careand treatment of clients if that responsibility has not been delegated.
(Added to NRS by 1975, 1600; A 1979, 813)
NRS
(Added to NRS by 1975, 1600; A 1979, 814; 1985, 423;1995, 2314)
NRS
1. A coordinator of medical programs is the medicalhead of any division facility designated by the Administrator. He must be apsychiatrist licensed to practice medicine or, in the case of a treatmentfacility authorized by paragraph (b) of subsection 1 of
2. A coordinator of medical programs shall:
(a) Cause to be kept a fair and full account of allmedical affairs;
(b) Have standard medical histories currentlymaintained on all clients, and administer or have administered the accepted andappropriate medical treatments to all clients under his care, and may, bydelegation of the administrative officer, be responsible for the nonmedicalcare and treatment of clients; and
(c) Undertake any diagnostic, medical or surgicalprocedure in the interest of the client, but only in accordance with theprovisions of subsection 1 of NRS 433.484.
(Added to NRS by 1975, 1601; A 1979, 814; 1981, 1686;1983, 642; 1993, 2721)
NRS
(Added to NRS by 1975, 1612; A 1979, 815; 1991, 206;
NRS
1. A gift account in the Department of Health andHuman Services Gift Fund is hereby created for each division facility, and allgifts of money which the Division is authorized to accept for the respectivefacilities must be deposited in the State Treasury to the credit of theappropriate account. Amounts in the accounts must be used for division mentalhealth facility purposes only and expended in accordance with the terms of thegift. All claims must be approved by the administrative officer before they arepaid.
2. Gifts of property, other than money, may be sold orexchanged when it is deemed by the administrative officer and the Administratorto be in the best interest of the division mental health facility. The saleprice must be not less than 90 percent of the value determined by a qualifiedappraiser appointed by the administrative officer. All money realized from thesale must be deposited in the State Treasury to the credit of the appropriateaccount and must be spent for division mental health facility purposes only.
(Added to NRS by 1975, 1613; A 1979, 622; 1981, 78)
NRS
1. The administrative officer of a division mentalhealth facility which provides treatment for inpatients may cause to beestablished a canteen operated for the benefit of clients and employees of thefacility. So far as practical within good business practices, the prices ofcommodities sold must approximate costs. The administrative officer shall causeto be kept a record of transactions in the operation of the canteen.
2. The Administrator may designate money from budgetedresources in appropriate amounts to each such facility for the establishmentand operation of canteens. The money must be used to supplement the financialoperation of the canteens, if required, to provide money for needy clientscanteen privileges, and to provide for such other expenditures benefiting theclients of such division facilities as the respective administrative officersmay deem necessary. All proceeds of sale collected must be deposited with theState Treasurer for credit to the appropriate operating account of the mentalhealth facility. The operating account must separately identify in the recordof transactions the proceeds of sale collected, the amount of budgeted resourcesused, and the total amount expended for the operations of the canteen. Allproceeds of sale collected must be used for the operation of the canteen.Proceeds of sale collected which exceed the amount necessary to maintain theoperation of the canteens must be used to benefit the clients.
3. An appropriate sum may be maintained as petty cashat each canteen.
4. The respective administrative officers may cause tobe appointed such staff as are necessary for the proper operation of thecanteens.
(Added to NRS by 1975, 1613; A 1981, 263)
ADMISSION TO MENTAL HEALTH FACILITIES
General Provisions
NRS
1. As used in NRS433A.115 to 433A.330, inclusive,unless the context otherwise requires, mentally ill person means any personwhose capacity to exercise self-control, judgment and discretion in the conductof his affairs and social relations or to care for his personal needs isdiminished, as a result of a mental illness, to the extent that he presents aclear and present danger of harm to himself or others, but does not include anyperson in whom that capacity is diminished by epilepsy, mental retardation,Alzheimers disease, brief periods of intoxication caused by alcohol or drugs,or dependence upon or addiction to alcohol or drugs, unless a mental illnessthat can be diagnosed is also present which contributes to the diminishedcapacity of the person.
2. A person presents a clear and present danger ofharm to himself if, within the next preceding 30 days, he has, as a result of amental illness:
(a) Acted in a manner from which it may reasonably beinferred that, without the care, supervision or continued assistance of others,he will be unable to satisfy his need for nourishment, personal or medicalcare, shelter, self-protection or safety, and if there exists a reasonableprobability that his death, serious bodily injury or physical debilitation willoccur within the next following 30 days unless he is admitted to a mentalhealth facility pursuant to the provisions of
(b) Attempted or threatened to commit suicide orcommitted acts in furtherance of a threat to commit suicide, and if thereexists a reasonable probability that he will commit suicide unless he isadmitted to a mental health facility pursuant to the provisions of
(c) Mutilated himself, attempted or threatened tomutilate himself or committed acts in furtherance of a threat to mutilatehimself, and if there exists a reasonable probability that he will mutilatehimself unless he is admitted to a mental health facility pursuant to theprovisions of NRS 433A.115 to
3. A person presents a clear and present danger ofharm to others if, within the next preceding 30 days, he has, as a result of amental illness, inflicted or attempted to inflict serious bodily harm on anyother person, or made threats to inflict harm and committed acts in furtheranceof those threats, and if there exists a reasonable probability that he will doso again unless he is admitted to a mental health facility pursuant to theprovisions of NRS 433A.115 to
(Added to NRS by 1985, 2268; A 1989, 1757; 1997,3493)
NRS
1. Voluntary admission;
2. Emergency admission; and
3. Involuntary court-ordered admission.
(Added to NRS by 1975, 1602)
NRS
(Added to NRS by 1975, 1608)
NRS
1. Any person may apply to:
(a) A public or private mental health facility in theState of Nevada for admission to the facility; or
(b) A division facility to receive care, treatment ortraining provided by the Division,
as avoluntary client for the purposes of observation, diagnosis, care and treatment.In the case of a person who has not attained the age of majority, applicationfor voluntary admission or care, treatment or training may be made on hisbehalf by his spouse, parent or legal guardian.
2. If the application is for admission to a divisionfacility, or for care, treatment or training provided by the Division, theapplicant must be admitted or provided such services as a voluntary client ifan examination by personnel of the facility qualified to make such adetermination reveals that the person needs and may benefit from servicesoffered by the mental health facility.
3. Any person admitted to a public or private mentalhealth facility as a voluntary client must be released immediately after thefiling of a written request for release with the responsible physician or hisdesignee within the normal working day, unless, within 24 hours after therequest, the facility changes the status of the person to an emergencyadmission pursuant to NRS 433A.145.When a person is released pursuant to this subsection, the facility and itsagents and employees are not liable for any debts or contractual obligations,medical or otherwise, incurred or damages caused by the actions of the person.
4. Any person admitted to a public or private mentalhealth facility as a voluntary client who has not requested release maynonetheless be released by the medical director of the facility when examiningpersonnel at the facility determine that the client has recovered or hasimproved to such an extent that he is not considered a danger to himself orothers and that the services of that facility are no longer beneficial to himor advisable.
5. A person who requests care, treatment or trainingfrom the Division pursuant to this section must be evaluated by the personnelof the Division to determine whether he is eligible for the services offered bythe Division. The evaluation must be conducted:
(a) Within 72 hours if the person has requestedinpatient services; or
(b) Within 72 regular operating hours, excludingweekends and holidays, if the person has requested community-based oroutpatient services.
6. This section does not preclude a public facilityfrom making decisions, policies, procedures and practices within the limits ofthe money made available to the facility.
(Added to NRS by 1975, 1602; A 1993, 2114; 1997,3494)
Emergency Admission
NRS
1. If a mentally ill person is admitted to a public orprivate mental health facility or hospital as a voluntary client, the facilityor hospital shall not change the status of the person to an emergency admissionunless the hospital or facility receives, before the change in status is made,an application for an emergency admission pursuant to
2. A person whose status is changed pursuant tosubsection 1 must not be detained in excess of 48 hours after the change instatus is made, unless within that period a written petition is filed with theclerk of the district court pursuant to NRS433A.200.
3. If the period specified in subsection 2 expires ona day on which the office of the clerk of the district court is not open, thewritten petition must be filed on or before the close of the business day nextfollowing the expiration of that period.
(Added to NRS by 1997, 3492)
NRS
1. Any person alleged to be a mentally ill person may,upon application pursuant to NRS 433A.160and subject to the provisions of subsection 2, be detained in a public orprivate mental health facility or hospital under an emergency admission forevaluation, observation and treatment.
2. Except as otherwise provided in subsection 3, aperson detained pursuant to subsection 1 must be released within 72 hours,including weekends and holidays, after the examination required by paragraph(a) of subsection 1 of NRS 433A.165has been completed, if such an examination is required, or within 72 hours,including weekends and holidays, after the person arrives at the mental healthfacility or hospital, if an examination is not required by paragraph (a) ofsubsection 1 of NRS 433A.165, unlesswithin that period a written petition for an involuntary court-orderedadmission is filed with the clerk of the district court pursuant to
3. If the period specified in subsection 2 expires ona day on which the office of the clerk of the district court is not open, thewritten petition must be filed on or before the close of the business day nextfollowing the expiration of that period.
(Added to NRS by 1975, 1602; A 1985, 2269; 1989,1758; 2001, 3041;2003, 1944)
NRS
1. Except as otherwise provided in subsection 2, anapplication for the emergency admission of an allegedly mentally ill person forevaluation, observation and treatment may only be made by an accredited agentof the Department, an officer authorized to make arrests in the State of Nevadaor a physician, psychologist, marriage and family therapist, social worker orregistered nurse. The agent, officer, physician, psychologist, marriage andfamily therapist, social worker or registered nurse may:
(a) Without a warrant:
(1) Take an allegedly mentally ill person intocustody to apply for the emergency admission of the person for evaluation,observation and treatment; and
(2) Transport the allegedly mentally ill personto a public or private mental health facility or hospital for that purpose, orarrange for the person to be transported by:
(I) A local law enforcement agency;
(II) A system for the nonemergency medicaltransportation of persons whose operation is authorized by the Transportation ServicesAuthority;
(III) An entity that is exempt pursuant toNRS 706.745 from the provisions of
(IV) If medically necessary, an ambulanceservice that holds a permit issued pursuant to the provisions of
only if theagent, officer, physician, psychologist, marriage and family therapist, socialworker or registered nurse has, based upon his personal observation of theallegedly mentally ill person, probable cause to believe that the person is amentally ill person and, because of that illness, is likely to harm himself orothers if allowed his liberty.
(b) Apply to a district court for an order requiring:
(1) Any peace officer to take an allegedlymentally ill person into custody to allow the applicant for the order to applyfor the emergency admission of the allegedly mentally ill person forevaluation, observation and treatment; and
(2) Any agency, system or service described insubparagraph (2) of paragraph (a) to transport the allegedly mentally illperson to a public or private mental health facility or hospital for thatpurpose.
The districtcourt may issue such an order only if it is satisfied that there is probablecause to believe that the allegedly mentally ill person is a mentally illperson and, because of that illness, is likely to harm himself or others ifallowed his liberty.
2. An application for the emergency admission of anallegedly mentally ill person for evaluation, observation and treatment may bemade by a spouse, parent, adult child or legal guardian of the person. Thespouse, parent, adult child or legal guardian and any other person who has alegitimate interest in the allegedly mentally ill person may apply to adistrict court for an order described in paragraph (b) of subsection 1.
3. The application for the emergency admission of anallegedly mentally ill person for evaluation, observation and treatment mustreveal the circumstances under which the person was taken into custody and thereasons therefor.
4. As used in subsection 1, an accredited agent ofthe Department means any person appointed or designated by the Director of theDepartment to take into custody and transport to a mental health facilitypursuant to subsections 1 and 2 those persons in need of emergency admission.
5. Except as otherwise provided in this subsection,each person admitted to a public or private mental health facility or hospitalunder an emergency admission must be evaluated at the time of admission by apsychiatrist or a psychologist. If a psychiatrist or a psychologist is notavailable to conduct an evaluation at the time of admission, a physician mayconduct the evaluation. Each such emergency admission must be approved by apsychiatrist.
(Added to NRS by 1975, 1603; A 1983, 506; 1985, 2269;1989, 1759; 1997, 3494;
NRS
1. Before an allegedly mentally ill person may betransported to a public or private mental health facility pursuant to
(a) First be examined by a licensed physician orphysician assistant or an advanced practitioner of nursing to determine whetherthe person has a medical problem, other than a psychiatric problem, whichrequires immediate treatment; and
(b) If such treatment is required, be admitted for theappropriate medical care:
(1) To a hospital if the person is in need ofemergency services or care; or
(2) To another appropriate medical facility ifthe person is not in need of emergency services or care.
2. The examination and any transfer of the person froma facility when the person has an emergency medical condition and has not beenstabilized must be conducted in compliance with:
(a) The requirements of 42 U.S.C. 1395dd and anyregulations adopted pursuant thereto, and must involve a person authorizedpursuant to federal law to conduct such an examination or certify such atransfer; and
(b) The provisions of
3. The cost of the examination must be paid by thecounty in which the allegedly mentally ill person resides if services areprovided at a county hospital located in that county or a hospital or othermedical facility designated by that county, unless the cost is voluntarily paidby the allegedly mentally ill person or, on his behalf, by his insurer or by astate or federal program of medical assistance.
4. The county may recover all or any part of theexpenses paid by it, in a civil action against:
(a) The person whose expenses were paid;
(b) The estate of that person; or
(c) A responsible relative as prescribed in
5. The cost of treatment, including hospitalization,for an indigent must be paid pursuant to NRS428.010 by the county in which the allegedly mentally ill person resides.
6. The Division shall adopt regulations to carry outthe provisions of this section, including, without limitation, regulationsthat:
(a) Define emergency services or care as that term isused in this section; and
(b) Prescribe the type of medical facility that aperson may be admitted to pursuant to subparagraph (2) of paragraph (b) ofsubsection 1.
7. As used in this section, medical facility has themeaning ascribed to it in NRS 449.0151.
(Added to NRS by 1987, 1445; A 1991, 2209; 1993, 908;2001, 1018;
NRS
(Added to NRS by 1975, 1603; A 1985, 2270; 1989,1550, 1759; 1997, 3495;
NRS
(Added to NRS by 1975, 1603; A 1989, 1550)
NRS
(Added to NRS by 1975, 1604; A 1993, 2114)
Involuntary Court-Ordered Admission
NRS
1. Except as otherwise provided in
(a) By a certificate of a physician, psychiatrist orlicensed psychologist stating that he has examined the person alleged to bementally ill and has concluded that the person is a mentally ill person and,because of that illness, is likely to harm himself or others if allowed hisliberty; or
(b) By a sworn written statement by the petitionerthat:
(1) The petitioner has, based upon his personalobservation of the person alleged to be mentally ill, probable cause to believethat the person is a mentally ill person and, because of that illness, islikely to harm himself or others if allowed his liberty; and
(2) The person alleged to be mentally ill hasrefused to submit to examination or treatment by a physician, psychiatrist orlicensed psychologist.
2. Except as otherwise provided in
(Added to NRS by 1975, 1604; A 1985, 54, 2270; 1989,1551, 1760; 1995, 2413;
NRS
1. The application for the emergency admission of theperson made pursuant to NRS 433A.160;and
2. A petition executed by a psychiatrist, licensedpsychologist or physician, including, without limitation, a sworn statementthat:
(a) He has examined the person alleged to be mentallyill;
(b) In his opinion, there is a reasonable degree ofcertainty that the person alleged to be mentally ill suffers from a mentalillness;
(c) Based on his personal observation of the personalleged to be mentally ill and other facts set forth in the petition, theperson poses a risk of imminent harm to himself or others; and
(d) In his opinion, involuntary admission of the personalleged to be mentally ill to a mental health facility or hospital is medicallynecessary to prevent the person from harming himself or others.
(Added to NRS by 1975, 1604; A 1985, 2270; 1989,1551, 1760; 1995, 2414;
NRS
1. Immediately after he receives any petition filedpursuant to NRS 433A.200 or
2. The court shall give notice of the petition and ofthe time, date and place of any proceedings thereon to the subject of thepetition, his attorney, if known, the petitioner, the district attorney of thecounty in which the court has its principal office, the local office of anagency or organization that receives money from the Federal Government pursuantto 42 U.S.C. 10801 et seq., to protect and advocate the rights of mentallyill persons and the administrative office of any public or private mentalhealth facility in which the subject of the petition is detained.
3. The provisions of this section do not preclude afacility from discharging a person before the time set pursuant to this sectionfor the hearing concerning the person, if appropriate.
(Added to NRS by 1975, 1604; A 1989, 1760; 1993,2114; 1995, 2414; 1997, 3495;
NRS
(Added to NRS by 1975, 1605)
NRS
1. After the filing of a petition to commenceproceedings for the involuntary court-ordered admission of a person pursuant toNRS 433A.200 or
2. To conduct the examination of a person who is notbeing detained at a mental health facility or hospital under emergencyadmission pursuant to an application made pursuant to
3. If the person is not being detained under anemergency admission pursuant to an application made pursuant to
4. Except as otherwise provided in this subsection,each physician and licensed psychologist who examines a person pursuant tosubsection 1 shall, not later than 48 hours before the hearing set pursuant to
(Added to NRS by 1975, 1604; A 1983, 507; 1989, 1760;1995, 2414; 2001,3045)
NRS
1. The Administrator shall establish such evaluationteams as are necessary to aid the courts under
2. Each team must be composed of a psychiatrist andother persons professionally qualified in the field of psychiatric mentalhealth who are representative of the Division, selected from personnel in theDivision.
3. Fees for the evaluations must be established andcollected as set forth in NRS 433.414 or433B.260, as appropriate.
(Added to NRS by 1975, 1605; A 1983, 507; 1985, 424;1993, 2722)
NRS
1. In counties where the examining personnel requiredpursuant to NRS 433A.240 are notavailable, proceedings for involuntary court-ordered admission shall beconducted in the nearest county having such examining personnel available inorder that there be minimum delay.
2. The entire expense of proceedings for involuntarycourt-ordered admission shall be paid by the county in which the application isfiled, except that where the person to be admitted last resided in anothercounty of the state the expense shall be charged to and payable by such countyof residence.
(Added to NRS by 1975, 1605)
NRS
1. The allegedly mentally ill person or any relativeor friend on his behalf is entitled to retain counsel to represent him in anyproceeding before the district court relating to involuntary court-orderedadmission, and if he fails or refuses to obtain counsel, the court shall advisehim and his guardian or next of kin, if known, of such right to counsel andshall appoint counsel, who may be the public defender or his deputy.
2. Any counsel appointed pursuant to subsection 1 mustbe awarded compensation by the court for his services in an amount determinedby it to be fair and reasonable. The compensation must be charged against theestate of the person for whom the counsel was appointed or, if the person isindigent, against the county where the allegedly mentally ill person lastresided.
3. The court shall, at the request of counselrepresenting the allegedly mentally ill person in proceedings before the courtrelating to involuntary court-ordered admission, grant a recess in theproceedings for the shortest time possible, but for not more than 5 days, togive the counsel an opportunity to prepare his case.
4. Each district attorney or his deputy shall appearand represent the State in all involuntary court-ordered admission proceedingsin his county. The district attorney is responsible for the presentation ofevidence, if any, in support of the involuntary court-ordered admission of aperson to a mental health facility in proceedings held pursuant to
(Added to NRS by 1975, 1605; A
NRS
(Added to NRS by 1975, 1606; A
NRS
(Added to NRS by 1975, 1606)
NRS
(Added to NRS by 1975, 1606)
NRS
1. Except as otherwise provided in
(a) That there is not clear and convincing evidencethat the person with respect to whom the hearing was held is a mentally illperson or exhibits observable behavior such that he is likely to harm himselfor others if allowed his liberty, the court shall enter its finding to thateffect and the person must not be involuntarily detained in such a facility.
(b) That there is clear and convincing evidence thatthe person with respect to whom the hearing was held is a mentally ill personand, because of that illness, is likely to harm himself or others if allowedhis liberty, the court may order the involuntary admission of the person forthe most appropriate course of treatment. The order of the court must beinterlocutory and must not become final if, within 30 days after theinvoluntary admission, the person is unconditionally released pursuant to
2. Except as otherwise provided in
3. Before issuing an order for involuntary admissionor a renewal thereof, the court shall explore other alternative courses oftreatment within the least restrictive appropriate environment as suggested bythe evaluation team who evaluated the person, or other persons professionallyqualified in the field of psychiatric mental health, which the court believesmay be in the best interests of the person.
(Added to NRS by 1975, 1606; A 1981, 1134; 1983, 508;1989, 1761; 1993, 2115;
NRS
(Added to NRS by 1975, 1607)
NRS
1. When any involuntary court admission is orderedunder the provisions of this chapter, the involuntarily admitted person,together with the court orders and certificates of the physicians, certifiedpsychologists or evaluation team and a full and complete transcript of thenotes of the official reporter made at the examination of such person beforethe court, must be delivered to the sheriff of the county who shall:
(a) Transport the person; or
(b) Arrange for the person to be transported by:
(1) A system for the nonemergency medicaltransportation of persons whose operation is authorized by the TransportationServices Authority; or
(2) If medically necessary, an ambulance servicethat holds a permit issued pursuant to the provisions of
to theappropriate public or private mental health facility.
2. No mentally ill person may be transported to themental health facility without at least one attendant of the same sex or arelative in the first degree of consanguinity or affinity being in attendance.
(Added to NRS by 1975, 1607; A
HOSPITALIZATION
NRS
1. Upon admission to any public or private mentalhealth facility, each client of the facility and the clients spouse and legalguardian, 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 client by this chapter and
2. Written information regarding the services providedby and means of contacting the local office of an agency or organization thatreceives money from the Federal Government pursuant to 42 U.S.C. 10801 etseq., to protect and advocate the rights of persons with mental illnesses mustbe posted in each public and private mental health facility and provided toeach client of such a facility upon admission.
(Added to NRS by 1975, 1610; A 1993, 2115, 2722;1995, 676)
NRS
1. A clinical record for each client must bediligently maintained by any division facility or private institution orfacility offering mental health services. The record must include informationpertaining to the clients admission, legal status, treatment andindividualized plan for habilitation. The clinical record is not a publicrecord and no part of it may be released, except:
(a) The record must be released to physicians,attorneys and social agencies as specifically authorized in writing by theclient, his parent, guardian or attorney.
(b) The record must be released to persons authorizedby the order of a court of competent jurisdiction.
(c) The record or any part thereof may be disclosed toa qualified member of the staff of a division facility, an employee of theDivision or a member of the staff of an agency in Nevada which has beenestablished pursuant to the Developmental Disabilities Assistance and Bill ofRights Act, 42 U.S.C. 6041 et seq., or the Protection and Advocacy forMentally Ill Individuals Act of 1986, 42 U.S.C. 10801 et seq., when theAdministrator deems it necessary for the proper care of the client.
(d) Information from the clinical records may be usedfor statistical and evaluative purposes if the information is abstracted insuch a way as to protect the identity of individual clients.
(e) To the extent necessary for a client to make aclaim, or for a claim to be made on behalf of a client for aid, insurance ormedical assistance to which he may be entitled, information from the recordsmay be released with the written authorization of the client or his guardian.
(f) The record must be released without charge to anymember of the staff of an agency in Nevada which has been established pursuantto 42 U.S.C. 6041 et seq. or 42 U.S.C. 10801 et seq. if:
(1) The client is a client of that office and heor his legal representative or guardian authorizes the release of the record;or
(2) A complaint regarding a client was receivedby the office or there is probable cause to believe that the client has beenabused or neglected and the client:
(I) Is unable to authorize the release ofthe record because of his mental or physical condition; and
(II) Does not have a guardian or otherlegal representative or is a ward of the State.
(g) The record must be released as provided in
2. As used in this section, client includes anyperson who seeks, on his own or others initiative, and can benefit from, care,treatment and training in a private institution or facility offering mentalhealth services, or from treatment to competency in a private institution orfacility offering mental health services.
(Added to NRS by 1975, 1611; A 1987, 746, 1197; 1989,2056; 1991, 2351; 1993, 2722;
NRS
1. When a client committed by a court to a divisionfacility on or before June 30, 1975, or a client who is judicially admitted onor after July 1, 1975, or a person who is involuntarily detained pursuant to
2. Any person appointed or designated by the Directorof the Department to take into custody and transport to a division facilitypersons who have escaped or failed to return as described in subsection 1 mayparticipate in the apprehension and delivery of any such person, but may nottake the person into custody without a warrant.
(Added to NRS by 1975, 1609; A
NRS
1. Except as otherwise provided in subsection 4, anyperson involuntarily admitted by a court may be conditionally released from apublic or private mental health facility when, in the judgment of the medicaldirector of the facility, the conditional release is in the best interest ofthe person and will not be detrimental to the public welfare. The medicaldirector or his designee of the facility shall prescribe the period for whichthe conditional release is effective. The period must not extend beyond thelast day of the court-ordered period of treatment pursuant to
2. When a person is conditionally released pursuant tosubsection 1, the State or any of its agents or employees are not liable forany debts or contractual obligations, medical or otherwise, incurred or damagescaused by the actions of the person.
3. When a person who has been adjudicated by a courtto be incompetent is conditionally released from a mental health facility, theadministrative officer of the mental health facility shall petition the courtfor restoration of full civil and legal rights as deemed necessary tofacilitate the incompetent persons rehabilitation.
4. A person who was involuntarily admitted by a courtbecause he was likely to harm others if allowed to remain at liberty may beconditionally released only if, at the time of the release, written notice isgiven to the court which admitted him and to the district attorney of thecounty in which the proceedings for admission were held.
5. Except as otherwise provided in subsection 7, theadministrative officer of a public or private mental health facility or hisdesignee shall order a person who is conditionally released from that facilitypursuant to this section to return to the facility if a psychiatrist and amember of that persons treatment team who is professionally qualified in thefield of psychiatric mental health determine, pursuant to
6. The court shall review an order submitted pursuantto subsection 5 and the current condition of the person who was ordered toreturn to the facility at its next regularly scheduled hearing for the review ofpetitions for involuntary court-ordered admissions, but in no event later than5 judicial days after the person is returned to the facility. Theadministrative officer or his designee shall give written notice to the personwho was ordered to return to the facility and to his attorney, if known, of thetime, date and place of the hearing and of the facts necessitating thatpersons return to the facility.
7. The provisions of subsection 5 do not apply if theperiod of conditional release has expired.
(Added to NRS by 1975, 1608; A 1981, 1661;
NRS
1. When a client, involuntarily admitted to a mentalhealth facility by court order, is released at the end of the time specifiedpursuant to NRS 433A.310, writtennotice must be given to the admitting court at least 10 days before the releaseof the client. The client may then be released without requiring further ordersof the court.
2. An involuntarily court-admitted client may beunconditionally released before the period specified in
(a) An evaluation team established under
(b) Under advisement from the evaluation team or twopersons professionally qualified in the field of psychiatric mental health, atleast one of them being a physician, the medical director of the mental healthfacility authorizes the release and gives written notice to the admitting courtat least 10 days before the release of the client.
(Added to NRS by 1975, 1607; A 1983, 508; 1989, 1762;1997, 3496; 1999, 868)
NRS
1. An indigent resident of this state discharged ashaving recovered from his mental illness, but having a residual medical orsurgical disability which prevents him from obtaining or holding remunerativeemployment, shall be returned to the county of his last residence. Anonresident indigent with such disabilities shall be returned to the countyfrom which he was involuntarily court-admitted. The administrative officer ofthe mental health facility shall first give notice in writing, not less than 10days prior to discharge, to the board of county commissioners of the county towhich the person will be returned.
2. Delivery of the indigent resident defined insubsection 1 shall be made to an individual or agency authorized to providefurther care.
3. This section does not authorize the release of anyperson held upon an order of a court or judge having criminal jurisdictionarising out of a criminal offense.
(Added to NRS by 1975, 1607)
NRS
(Added to NRS by 1975, 1611; A 1981, 894; 1985, 2271;1995, 1092)
NRS
1. Whenever the Administrator determines that divisionfacilities within the State are inadequate for the care of any mentally illperson, he may designate two physicians, licensed under the provisions of
2. Money to carry out the provisions of this sectionmust be provided by direct legislative appropriation.
(Added to NRS by 1975, 1609; A 1981, 895, 1527;
NRS
1. If any person involuntarily court-admitted to anydivision facility pursuant to NRS 433A.310is found by the court not to be a resident of this State and to be a residentof another state, he may be transferred to the state of his residence pursuantto NRS 433.444 if an appropriateinstitution of that state is willing to accept him.
2. The approval of the Administrator of the Divisionof Mental Health and Developmental Services of the Department must be obtainedbefore any transfer is made pursuant to subsection 1.
(Added to NRS by 1975, 1607; A 1993, 2723;
NRS
(Added to NRS by 1975, 1609; A 1977, 871; 1983, 509;
NRS
1. No person admitted to a public or private mentalhealth facility pursuant to this chapter shall, by reason of such admission, bedenied the right to dispose of property, marry, execute instruments, makepurchases, enter into contractual relationships, vote and hold a driverslicense, unless such person has been specifically adjudicated incompetent by acourt of competent jurisdiction and has not been restored to legal capacity.
2. If the responsible physician of the mental healthfacility in which any person is detained is of the opinion that such person isunable to exercise any of the aforementioned rights, the responsible physicianshall immediately notify the person and the persons attorney, legal guardian,spouse, parents or other nearest-known adult relative, and the district courtof that fact.
(Added to NRS by 1975, 1610)
NRS
(Added to NRS by 1975, 1610)
NRS
1. The medical director of a division mental healthfacility shall have all adjudicated mentally incompetent persons of thatfacility automatically evaluated no less than once every 6 months to determinewhether or not there is sufficient cause to believe that the client remainsunable to exercise rights to dispose of property, marry, execute instruments,make purchases, enter into contractual relationships, vote or hold a driverslicense.
2. If the medical director has sufficient reason tobelieve that the client remains unable to exercise these rights, suchinformation shall be documented in the clients treatment record.
3. If there is no such reason to believe the client isunable to exercise these rights, the medical director shall immediatelyinitiate proper action to cause to have the client restored to legal capacity.
(Added to NRS by 1975, 1610)
NRS
(Added to NRS by 1975, 1610)
PAYMENT OF COSTS OF HOSPITALIZATION AND TREATMENT
NRS
(Added to NRS by 1975, 1614)
1. Fees for the cost of treatment and servicesrendered through any division facility must be established pursuant to the feeschedule established under NRS 433.404or 433B.250, as appropriate.
2. The maximum fee established by the schedule mustapproximate the actual cost per client for the class of client care provided.
3. The fee schedule must allow for a client to pay aportion of the actual cost if it is determined that he and his responsiblerelatives pursuant to NRS 433A.610 areunable to pay the full amount. That determination must be made pursuant to
4. Any reduction pursuant to subsection 3 of theamount owed must not be calculated until all of the benefits available to theclient from third-party sources, other than Medicaid, have been applied to paythe actual cost for the care provided.
(Added to NRS by 1975, 1614; A 1993, 1239, 2723)
NRS
1. A person who is admitted to a facility operated bythe Division and not determined to be indigent and every responsible relativepursuant to NRS 433A.610 of the personshall be charged for the cost of treatment and is liable for that cost. Ifafter demand is made for payment the person or his responsible relative failsto pay that cost, the administrative officer may recover the amount due bycivil action.
2. All sums received by the administrative officer ofa facility operated by the Division pursuant to subsection 1 must be depositedin the State Treasury and may be expended by the Division for the support ofthat facility in accordance with the allotment, transfer, work program andbudget provisions of NRS 353.150 to
(Added to NRS by 1975, 1615; A 1985, 2272; 1993,1240)
NRS
1. When a person is admitted to a division facility orhospital under one of the various forms of admission prescribed by law, theparent or legal guardian of a mentally ill person who is a minor or the husbandor wife of a mentally ill person, if of sufficient ability, and the estate ofthe mentally ill person, if the estate is sufficient for the purpose, shall paythe cost of the mentally ill persons maintenance, including treatment andsurgical operations, in any hospital in which the person is hospitalized under theprovisions of this chapter:
(a) To the administrative officer if the person isadmitted to a division facility; or
(b) In all other cases, to the hospital rendering theservice.
2. If a person or an estate liable for the care,maintenance and support of a committed person neglects or refuses to pay theadministrative officer or the hospital rendering the service, the State isentitled to recover, by appropriate legal action, all money owed to a divisionfacility or which the State has paid to a hospital for the care of a committedperson, plus interest at the rate established pursuant to
(Added to NRS by 1975, 1614; A 1987, 1446; 1993,1240)
NRS
(Added to NRS by 1975, 1615)
NRS
1. The administrative officers of the respectivedivision facilities may enter into special agreements secured by properlyexecuted bonds with the relatives, guardians or friends of clients who areadjudicated mentally incompetent for subsistence, care or other expenses ofsuch clients. Each agreement and bond must be to the State of Nevada and anyaction to enforce the agreement or bond may be brought by the administrativeofficer.
2. Financially responsible relatives pursuant to
(Added to NRS by 1975, 1615; A 1993, 1240)
NRS
1. Once a court has ordered the admission of a personto a division facility, the administrative officer shall make an investigation,pursuant to the provisions of this chapter, to determine whether the person orhis responsible relatives pursuant to NRS433A.610 are capable of paying for all or a portion of the costs that willbe incurred during the period of admission.
2. If a person is admitted to a division facilitypursuant to a court order, that person and his responsible relatives areresponsible for the payment of the actual cost of the treatment and servicesrendered during his admission to the division facility unless the investigationreveals that the person and his relatives are not capable of paying the fullamount of the costs.
(Added to NRS by 1975, 1614; A 1993, 1241)
NRS
(Added to NRS by 1975, 1614)
NRS
1. If the client, his responsible relative pursuant toNRS 433A.610, guardian or the estateneglects or refuses to pay the cost of treatment to the division facility renderingservice pursuant to the fee schedule established under
2. Before initiating such legal action, the divisionfacility shall demonstrate efforts at collection, which may include contractualarrangements for collection through a private collection agency.
(Added to NRS by 1975, 1615; A 1993, 1241, 2723)
NRS
(Added to NRS by 1975, 1617; A 1993, 1241, 1972,2724; 1995, 664)
NRS
(Added to NRS by 1975, 1617)
SEALING OF RECORDS
NRS
1. Seal means placing records in a separate file orother repository not accessible to the general public.
2. Substantial remission means that a personprofessionally qualified in the field of psychiatric mental health hasevaluated the client and found, for at least 2 years, no evidence of continuingmental illness which would indicate the clients need for psychiatricmedication, psychotherapy or other services related to his mental health.
(Added to NRS by 1987, 745)
NRS
(Added to NRS by 1987, 745)
NRS
1. Be filed with the district court of the countywhere the petitioner resides or, if the petitioners admission was involuntary,with the district court which ordered the admission.
2. Set forth the facts bringing the petitioner withinthe purview of that section.
3. Be accompanied by the affidavit of a psychiatrist,psychologist or physician qualified in the field of psychiatric mental healthwho has examined the petitioner. The affidavit must:
(a) Summarize the professional qualifications of theaffiant;
(b) Set forth the date or dates on which he examinedthe petitioner; and
(c) State that, in the opinion of the affiant, thepetitioner has recovered or his illness is in substantial remission.
(Added to NRS by 1987, 745; A 1989, 1551)
NRS
1. Upon the filing of a petition, the court shall fixa time, not less than 10 days nor more than 30 days thereafter, for the hearingof the matter. The court shall direct the clerk to issue a notice, recitingbriefly the substance of the petition, stating the time and date set for thehearing, and requiring the person served with the notice to appear before thecourt at the hearing if he desires to oppose the petition.
2. A copy of the notice, together with a copy of thepetition, must be served by the petitioner upon the medical director of eachhospital or mental health facility to which the petitioner was admitted.
(Added to NRS by 1987, 746)
NRS
1. At the time stated in the notice, or at theearliest time thereafter to which the hearing is postponed, the court shallproceed to hear the petition.
2. If, after the hearing, the court is satisfied thatthe matters set forth in the petition and supporting affidavit are true, and noreason appears to the contrary, the court shall order all court and clinicalrecords relating to the petitioners admission and treatment sealed.
3. The clerk shall send a certified copy of the orderto each facility and hospital named therein. Each recipient of the order shall,within 5 days after receipt of the order:
(a) Seal all records in its custody, as directed by theorder.
(b) Advise the court of its compliance.
(c) Seal the copy of the order that it received.
(Added to NRS by 1987, 746)
NRS
1. If the court orders records of admission andtreatment sealed pursuant to NRS 433A.709,the petitioners admission is deemed never to have occurred, and the petitionermay answer accordingly any question related to its occurrence.
2. If the records are sealed, the petitioner maythereafter petition the court to permit inspection of the records by a personnamed in the petition and the court may order the inspection.
3. The court may, upon the application of a districtattorney or an attorney representing the petitioner in a criminal action,permit an inspection of the records.
4. If, after the sealing of the records, thepetitioner is being treated by a physician or licensed psychologist, thephysician or psychologist may obtain a copy of the petitioners records fromthe hospital or facility. Any records so obtained must be used solely for thetreatment of the petitioner.
(Added to NRS by 1987, 746; A 1989, 1551)
CRIMES AND PENALTIES
NRS
(Added to NRS by 1975, 1609)
NRS
1. A person who:
(a) Without probable cause for believing a person to bementally ill causes or conspires with or assists another to cause theinvoluntary court-ordered admission of the person under this chapter; or
(b) Causes or conspires with or assists another tocause the denial to any person of any right accorded to him under this chapter,
is guilty ofa category D felony and shall be punished as provided in
2. Unless a greater penalty is provided in subsection1, a person who knowingly and willfully violates any provision of this chapterregarding the admission of a person to, or discharge of a person from, a publicor private mental health facility is guilty of a gross misdemeanor.
3. A person who, without probable cause for believinganother person to be mentally ill, executes a petition, application orcertificate pursuant to this chapter, by which the person secures or attemptsto secure the apprehension, hospitalization, detention or restraint of theperson alleged to be mentally ill, or any physician, psychiatrist or licensedpsychologist who knowingly makes any false certificate or application pursuantto this chapter as to the mental condition of any person is guilty of acategory D felony and shall be punished as provided in
(Added to NRS by 1975, 1608; A 1989, 1552; 1993,2116; 1995, 1277)
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