2005 Nevada Revised Statutes - Chapter 436 — Community Programs for Mental Health

CHAPTER 436 - COMMUNITY PROGRAMS FOR MENTALHEALTH

NRS 436.110 Purposesof chapter.

NRS 436.120 Definitions.

NRS 436.123 Responsibilityof Division for developing and administering preventive and other services formental health.

NRS 436.125 Administrationby Division; standards and regulations governing county programs.

NRS 436.130 Powerof county to establish program.

NRS 436.140 Countymental health advisory board: Composition; terms of members.

NRS 436.150 Countyboard: Duties.

NRS 436.160 Countydirector: Appointment.

NRS 436.170 Countydirector: Powers and duties.

NRS 436.180 Establishmentof joint community programs by counties.

NRS 436.190 Agreementfor joint program: Provisions.

NRS 436.200 Provisionsof chapter applicable to joint programs.

NRS 436.210 Contractwith hospital, clinic, laboratory or other institution.

NRS 436.220 Expenses:Charge against county.

NRS 436.225 Legislativeappropriations; payment of claims.

NRS 436.230 Reimbursementby State for expenditures by county.

NRS 436.240 Servicesincluded in county program.

NRS 436.250 Eligibilityfor reimbursement: Requirements.

NRS 436.260 Reimbursementfor expenditures for items specified in NRS436.240; investigation and audit of expenditures.

NRS 436.270 Amountof reimbursement; disbursements through Division.

NRS 436.280 Reimbursementfor joint programs.

NRS 436.290 Expendituressubject to reimbursement; reimbursement prohibited for certain expenditures.

NRS 436.300 Claimsfor reimbursement.

NRS 436.310 Feescharged according to ability to pay; limitation.

NRS 436.320 Nevada Conference of County Community Mental Health Programs: Establishment; organization;meetings; purposes.

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NRS 436.110 Purposesof chapter. The Legislature declares that thepurposes of this chapter are:

1. To encourage and provide financial assistance tocounties in the establishment and development of mental health services,including services to the mentally retarded and persons with relatedconditions, through locally controlled community mental health programs.

2. To promote the improvement and, if necessary, theexpansion of already existing services which help to conserve the mental healthof the people of Nevada. It is the intent of this chapter that services toindividuals be rendered only upon voluntary application.

(Added to NRS by 1965, 764; A 1971, 1019; 1975, 1625;1999, 2603)

NRS 436.120 Definitions. As used in this chapter, unless the context requiresotherwise:

1. County board means a county mental healthadvisory board.

2. County director means the director of a countyprogram.

3. County program means a county community mentalhealth program.

4. Governing body means the board of countycommissioners.

5. Service means a mental health service.

(Added to NRS by 1965, 764; A 1971, 1019; 1975, 1625)

NRS 436.123 Responsibilityof Division for developing and administering preventive and other services formental health. The Division is designated asthe official state agency responsible for developing and administeringpreventive and outpatient mental health services, subject to administrativesupervision by the Director of the Department. It shall function in thefollowing areas:

1. Assisting and consulting with local healthauthorities in providing community mental health services, which services mayinclude prevention, rehabilitation, case finding, diagnosis and treatment ofthe mentally ill, and consultation and education for groups and individualsregarding mental health.

2. Coordinating mental health functions with otherstate agencies.

3. Participating in and promoting the development offacilities for training personnel necessary for implementing such services.

4. Collecting and disseminating information pertainingto mental health.

5. Performing such other acts as are necessary topromote mental health in the State.

(Added to NRS by 1961, 615; A 1963, 936; 1965, 373;1969, 925)(Substituted in revision for NRS 436.020)

NRS 436.125 Administrationby Division; standards and regulations governing county programs. The Division shall, subject to the supervision of theCommission, administer this chapter. The Commission shall adopt guidelines forcounty programs and regulations necessary thereto, but these standards andregulations must be adopted only after consultation with and approval of thecounty director of each program being so administered. These standards andregulations must support and maximize local responsibility for and control ofcounty programs within the framework of general guidelines.

(Added to NRS by 1971, 1018; A 1973, 1406; 1975,1626; 1985, 2274)

NRS 436.130 Powerof county to establish program. The governingbody of any county may by ordinance or resolution establish a county communitymental health program which may cover the entire area of the county.

(Added to NRS by 1965, 764; A 1971, 1019; 1975, 1626)

NRS 436.140 Countymental health advisory board: Composition; terms of members.

1. The county program shall have a county mentalhealth advisory board of seven to 15 members appointed by the governing body.The composition of the county board shall be representative of providers ofmental health services, recipients or consumers of mental health services,agencies and occupations having a working involvement with mental healthservices and the general public, but such representation need not be in anyfixed proportion.

2. The term of each member of the advisory board shallbe for 3 years, but of the members first appointed approximately one-thirdshall be appointed for a term of 1 year, one-third for a term of 2 years andone-third for a term of 3 years.

(Added to NRS by 1965, 764; A 1971, 1019; 1975, 1626)

NRS 436.150 Countyboard: Duties. The county board shall:

1. Review and evaluate communities needs, services,facilities and special problems in the fields of mental health and mentalretardation and related conditions.

2. Advise the governing body as to programs ofcommunity mental health services and facilities and services to the mentallyretarded and persons with related conditions, and, when requested by thegoverning body, make recommendation regarding the appointment of a countydirector.

3. After adoption of a program, continue to act in anadvisory capacity to the county director.

(Added to NRS by 1965, 765; A 1975, 1626; 1999, 2604)

NRS 436.160 Countydirector: Appointment. The county board, withthe approval of a majority of the governing body, shall appoint a countydirector, who must be a person professionally qualified in the field ofpsychiatric mental health. The choice of appointing a physician or one who isnot a physician rests with the county board, and in making such choice thecounty board shall consider the duties that the county director is expected toperform.

(Added to NRS by 1965, 765; A 1971, 1019; 1975, 1627)

NRS 436.170 Countydirector: Powers and duties. The countydirector shall:

1. Serve as chief executive officer of the countyprogram and be accountable to the county board.

2. Exercise administrative responsibility andauthority over the county program and facilities furnished, operated orsupported in connection therewith, and over services to the mentally retardedand persons with related conditions, except as administrative responsibility isotherwise provided for in this title.

3. Recommend to the governing body, after consultationwith the county board, the providing of services, establishment of facilities,contracting for services or facilities and other matters necessary or desirableto accomplish the purposes of this chapter.

4. Submit an annual report to the governing bodyreporting all activities of the program, including a financial accounting ofexpenditures and a forecast of anticipated needs for the ensuing year.

5. Carry on such studies as may be appropriate for thedischarge of his duties, including the control and prevention of psychiatricdisorders and the treatment of mental retardation and related conditions.

(Added to NRS by 1965, 765; A 1971, 1020; 1975, 1627;1999, 2604)

NRS 436.180 Establishmentof joint community programs by counties. Thegoverning body of any county may by agreement with the governing body or bodiesof any other county or counties establish joint community mental health programs.

(Added to NRS by 1965, 765; A 1971, 1020; 1975, 1627)

NRS 436.190 Agreementfor joint program: Provisions.

1. Any agreement between two or more counties for theestablishment of joint county programs shall provide:

(a) That each county shall bear its share of the costof the joint county program in proportion to the population of each countyserved.

(b) That the county treasurer of one participatingcounty shall be the custodian of moneys made available for the purposes of suchjoint program and that the county treasurer may make payments from such moneysupon warrant of the appropriate officer or body of the county for which he iscounty treasurer.

2. Any such agreement may also provide:

(a) For the joint provision and operation of servicesand facilities or for the provision and operation of services and facilities byone participating county under contract for the other participating counties.

(b) For appointments of members of the board for thejoint program by the several participating counties.

(c) That for specified purposes officers and employeesof such joint county programs shall be considered to be officers and employeesof one participating county only.

(d) For such other matters as are necessary or properto effectuate the purposes of this chapter.

(Added to NRS by 1965, 765; A 1971, 1020; 1975, 1627)

NRS 436.200 Provisionsof chapter applicable to joint programs. Unlessotherwise expressly provided or required by the context, the provisions of thischapter relating to county community mental health programs and the appointmentof county boards or county directors shall apply to joint county programs.

(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628)

NRS 436.210 Contractwith hospital, clinic, laboratory or other institution. The county director may, with the approval of a majorityof the governing body, contract for services and facilities with any hospital,clinic, laboratory or other similar institution.

(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628)

NRS 436.220 Expenses:Charge against county. The expenses incurredunder the provisions of this chapter shall be a charge against the county andshall be audited, levied, collected and paid in the same manner as othercharges.

(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628)

NRS 436.225 Legislativeappropriations; payment of claims. Except asotherwise provided in NRS 436.110 to 436.320, inclusive:

1. Funds to carry out the provisions of this chaptershall be provided by direct legislative appropriation from the General Fund.Such funds shall be expended in accordance with the allotment, transfer, workprogram and budget provisions of NRS 353.150to 353.246, inclusive, and transfers toand from salary allotments, travel allotments, operating expense allotments,equipment allotments, and other allotments shall be allowed and made inaccordance with the provisions of NRS353.215 to 353.225, inclusive, andafter separate consideration of the merits of each request.

2. All moneys in any fund available to the Divisionfor carrying out the provisions of this chapter shall be paid out on claimsapproved by the Administrator as other claims against the State are paid.

(Added to NRS by 1961, 616; A 1963, 937; 1965, 374,769; 1969, 925; 1971, 1018; 1975, 1625)(Substituted in revision for NRS436.090)

NRS 436.230 Reimbursementby State for expenditures by county. Expendituresmade by counties for county programs, including services to the mentallyretarded and persons with related conditions, pursuant to this chapter, must bereimbursed by the State pursuant to NRS436.240 to 436.320, inclusive.

(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628;1999, 2604)

NRS 436.240 Servicesincluded in county program.

1. A service operated within a county program must bedirected to at least one of the following mental health areas:

(a) Mental illness;

(b) Mental retardation and related conditions;

(c) Organic brain and other neurological impairment;

(d) Alcoholism; and

(e) Drug abuse.

2. A service is any of the following:

(a) Diagnostic service;

(b) Emergency service;

(c) Inpatient service;

(d) Outpatient or partial hospitalization service;

(e) Residential, sheltered or protective care service;

(f) Habilitation or rehabilitation service;

(g) Prevention, consultation, collaboration, educationor information service; and

(h) Any other service approved by the Division.

(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628;1999, 2604)

NRS 436.250 Eligibilityfor reimbursement: Requirements. To beeligible for reimbursement a county, or in the case of joint county programs,two or more counties, shall first:

1. Establish one or more of the services provided forin NRS 436.240. In-service trainingnecessary to providing such services shall be proper items of expendituressubject to state reimbursement.

2. Annually submit to the Administrator a plan forproposed expenditures. The Administrator shall review such plan to determinecompliance with standards established in this chapter and fix the amountsubject to state reimbursement. Existing services may qualify pursuant to theprovisions of this chapter for reimbursement upon determination by the countyboard that such services shall be subject to and administered under theprovisions of this chapter.

(Added to NRS by 1965, 766; A 1971, 1022; 1975, 1629)

NRS 436.260 Reimbursementfor expenditures for items specified in NRS 436.240; investigation and audit ofexpenditures. Expenditures incurred for theitems specified in NRS 436.240 shall besubject to reimbursement in accordance with the regulations of the Divisionwhether incurred by direct or joint operation of such services, by contractingfor such services or by other arrangement pursuant to the provisions of NRS 436.110 to 436.320, inclusive. The Administrator maymake such investigations and audits of such expenditures as he may deemnecessary.

(Added to NRS by 1965, 767; A 1971, 1022; 1975, 1629)

NRS 436.270 Amountof reimbursement; disbursements through Division.

1. Money provided by direct legislative appropriationfor purposes of reimbursement as provided by NRS436.230 to 436.260, inclusive, mustbe allotted to the governing body as follows:

(a) The state shall pay to each county a sum equal to90 percent of the total proposed expenditures as reflected by the plan ofproposed expenditures submitted pursuant to NRS436.250 if the county has complied with the provisions of paragraph (b).

(b) Before payment under this subsection, the governingbody of a county must submit evidence to the Administrator that 10 percent ofthe total proposed expenditures have been raised and budgeted by the county forthe establishment or maintenance of a county program.

2. All state and federal moneys appropriated orauthorized for the promotion of mental health or for services to the mentallyretarded and persons with related conditions in the State of Nevada must bedisbursed through the Division in accordance with the provisions of thischapter and rules and regulations adopted in accordance therewith.

(Added to NRS by 1965, 767; A 1969, 926; 1971, 1022;1975, 1629; 1999,2605)

NRS 436.280 Reimbursementfor joint programs. Where counties haveestablished joint county programs, expenditures subject to reimbursement arethe prorated expenditures of such counties as provided by the agreementestablishing the joint program.

(Added to NRS by 1965, 767; A 1971, 1023; 1975, 1630)

NRS 436.290 Expendituressubject to reimbursement; reimbursement prohibited for certain expenditures.

1. Expenditures subject to reimbursement include:

(a) Expenditures for the items specified in NRS 436.240;

(b) Salaries of personnel;

(c) Approved facilities and services provided throughcontract;

(d) Operation, maintenance and service costs; and

(e) Such other expenditures as may be approved by theAdministrator.

2. Reimbursement may not be made for:

(a) Expenditures for capital improvements;

(b) The purchase or construction of buildings;

(c) Compensation to members of a county board, exceptfor actual and necessary expenses incurred in the performance of officialduties;

(d) Expenditures for a purpose for which statereimbursement is claimed under any other provision of law;

(e) Expenditures incurred for court procedures underthis or any other provision of law; or

(f) The cost of confinement of any person in excess of90 days in any 1 calendar year.

3. Reimbursement may not be made to any county orcounties which employ a physician in the county program who is not a lawfulpermanent resident of the United States.

(Added to NRS by 1965, 767; A 1971, 1023; 1973, 10;1975, 1630)

NRS 436.300 Claimsfor reimbursement.

1. Claims for state reimbursement shall be made insuch form, at such times, and for such periods as the Administrator shalldetermine.

2. When certified by the Administrator, claims forstate reimbursement shall be presented to the State Board of Examiners.

(Added to NRS by 1965, 768)

NRS 436.310 Feescharged according to ability to pay; limitation. Feesfor mental health services, including services to the mentally retarded andpersons with related conditions, rendered pursuant to an approved county planmust be charged in accordance with ability to pay, but not in excess of actualcost.

(Added to NRS by 1965, 768; A 1975, 1630; 1999, 2605)

NRS 436.320 NevadaConference of County Community Mental Health Programs: Establishment;organization; meetings; purposes.

1. There is hereby established the Nevada Conferenceof County Community Mental Health Programs. The Division shall take appropriatesteps to effectuate the establishment of the Conference as provided in thissection.

2. The voting membership of the Conference shallconsist of the county director of each county program and one member of thecounty board of each county program to be chosen by such board. The nonvotingmembership of the Conference shall consist of the Administrator and such otheremployees of the Division as the Administrator shall designate, but suchemployees shall be not less than two nor more than 15 in number.

3. A scheduled meeting of the Conference shall beconvened at least once every 6 months. A nonscheduled meeting shall be convenedupon the request of two-thirds of the voting membership. Meetings shall becalled and chaired by the Administrator or his official designee.

4. The Conference may organize itself in such mannerand adopt such procedures as it deems appropriate.

5. The purpose of the Conference is to serve as anorganized forum for the discussion of the following matters:

(a) Recommendations for rules of the Division toimplement this chapter as provided in NRS436.125;

(b) Coordination and integration of county programservices and state services; and

(c) Such other matters as members may bring before theConference in connection with county programs or the relationship betweencounty programs and the Division.

6. A resolution, proclamation, recommendation orsimilar pronouncement of the Conference does not have any legal effect.

(Added to NRS by 1965, 768; A 1975, 1631)

 

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