2005 Nevada Revised Statutes - Chapter 458 — Abuse of Alcohol and Drugs

CHAPTER 458 - ABUSE OF ALCOHOL AND DRUGS

GENERAL PROVISIONS

NRS 458.010 Definitions.[Effective through June 30, 2007.]

NRS 458.010 Definitions.[Effective from July 1, 2007, until the date the regulation adopted by theBoard of Examiners for Alcohol, Drug and Gambling Counselors for thecertification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless alater date is otherwise specified in the regulation.]

NRS 458.010 Definitions.[Effective on the date the regulation adopted by the Board of Examiners forAlcohol, Drug and Gambling Counselors for the certification of a person as adetoxification technician pursuant to NRS641C.500 becomes effective, unless a later date is otherwise specified inthe regulation.]

ALCOHOL AND DRUG ABUSE PROGRAMS

NRS 458.025 Operationof state plan; certification of detoxification technicians, facilities andprograms. [Effective through June 30, 2007.]

NRS 458.025 Operationof state plan; certification of detoxification technicians, facilities andprograms. [Effective from July 1, 2007, until the date the regulation adoptedby the Board of Examiners for Alcohol, Drug and Gambling Counselors for thecertification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless alater date is otherwise specified in the regulation.]

NRS 458.025 Operationof state plan; certification of facilities and programs. [Effective on the datethe regulation adopted by the Board of Examiners for Alcohol, Drug and GamblingCounselors for the certification of a person as a detoxification technicianpursuant to NRS 641C.500 becomeseffective, unless a later date is otherwise specified in the regulation.]

NRS 458.026 Certificationof detoxification technician: Statement by applicant concerning payment ofchild support; grounds for denial of certification; duty of Administrator.[Effective through June 30, 2007.]

NRS 458.026 Certificationof detoxification technician: Statement by applicant concerning payment ofchild support; grounds for denial of certification; duty of Administrator.[Effective July 1, 2007, and expires by limitation on the date the regulationadopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors forthe certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless alater date is otherwise specified in the regulation, or on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings, whicheveroccurs first.]

NRS 458.027 Certificationof detoxification technician: Suspension of certification for failure to paychild support or comply with certain subpoenas or warrants; reinstatement ofcertification. [Effective through June 30, 2007.]

NRS 458.027 Certificationof detoxification technician: Suspension of certification for failure to paychild support or comply with certain subpoenas or warrants; reinstatement ofcertification. [Effective July 1, 2007, and expires by limitation on the datethe regulation adopted by the Board of Examiners for Alcohol, Drug and GamblingCounselors for the certification of a person as a detoxification technicianpursuant to NRS 641C.500 becomeseffective, unless a later date is otherwise specified in the regulation, or onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings, whichever occurs first.]

NRS 458.028 Certificationof detoxification technician: Application to include social security number.[Expires by limitation on the date the regulation adopted by the Board ofExaminers for Alcohol, Drug and Gambling Counselors, for the certification of aperson as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless alater date is otherwise specified in the regulation, or on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings, whicheveroccurs first.]

NRS 458.031 Administrationof NRS 458.010 to 458.350, inclusive. [Effective through June30, 2007.]

NRS 458.031 Administrationof NRS 458.010 to 458.350, inclusive. [Effective July 1, 2007.]

NRS 458.035 Powerof Health Division to contract. [Effective through June 30, 2007.]

NRS 458.035 Powerof Division to contract. [Effective July 1, 2007.]

NRS 458.055 Confidentialinformation. [Effective through June 30, 2007.]

NRS 458.055 Confidentialinformation. [Effective July 1, 2007.]

NRS 458.080 Financialassistance to organization operating facility. [Effective through June 30,2007.]

NRS 458.080 Financialassistance to organization operating facility. [Effective July 1, 2007.]

NRS 458.091 Treatmentin hospital for abuser of alcohol or drugs.

NRS 458.097 Useand allocation of certain money for increase of services. [Effective throughJune 30, 2007.]

NRS 458.097 Useand allocation of certain money for increase of services. [Effective July 1,2007.]

NRS 458.098 Taxon Liquor Program Account.

NRS 458.100 StateGrant and Gift Account for Alcohol and Drug Abuse. [Effective through June 30,2007.]

NRS 458.100 StateGrant and Gift Account for Alcohol and Drug Abuse. [Effective July 1, 2007.]

NRS 458.103 HealthDivision authorized to accept public money. [Effective through June 30, 2007.]

NRS 458.103 Divisionauthorized to accept public money. [Effective July 1, 2007.]

NRS 458.104 Temporaryadvance from State General Fund. [Effective through June 30, 2007.]

NRS 458.104 Temporaryadvance from State General Fund. [Effective July 1, 2007.]

NRS 458.105 Feesfor sale of miscellaneous printed material. [Effective through June 30, 2007.]

NRS 458.105 Feesfor sale of miscellaneous printed material. [Effective July 1, 2007.]

NRS 458.110 Additionalpowers of Health Division. [Effective through June 30, 2007.]

NRS 458.110 Additionalpowers of Division. [Effective July 1, 2007.]

NRS 458.115 Legislativeappropriations; claims.

SERVICES FOR ADOLESCENTS

NRS 458.125 Requestsfor proposals; advancement of initial costs; staffing of Health Division.[Effective through June 30, 2007.]

NRS 458.125 Requestsfor proposals; advancement of initial costs; staffing of Division. [EffectiveJuly 1, 2007.]

NRS 458.131 Biennialreport by Health Division. [Effective through June 30, 2007.]

NRS 458.131 Biennialreport of Division. [Effective July 1, 2007.]

PROTECTIVE CUSTODY OF PERSONS UNDER INFLUENCE OF CONTROLLEDSUBSTANCE

NRS 458.175 Powersand duties of peace officers.

CIVIL PROTECTIVE CUSTODY OF ABUSERS OF ALCOHOL

NRS 458.250 Legislativedeclaration of purpose.

NRS 458.260 Intoxicationnot public offense; exceptions.

NRS 458.270 Procedurefor placing person in civil protective custody.

NRS 458.280 Recordsof facility for treatment confidential; exceptions.

CIVIL COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS CONVICTED OFCRIME

NRS 458.290 Drugaddict defined.

NRS 458.300 Eligibilityfor assignment to program of treatment.

NRS 458.310 Hearingto determine whether defendant should receive treatment.

NRS 458.320 Examinationof defendant; determination of acceptability for treatment; imposition ofconditions; deferment of sentencing; payment of costs of treatment.

NRS 458.330 Defermentof sentencing; satisfaction of conditions; setting aside conviction;sentencing.

NRS 458.340 Civilcommitment not criminal conviction.

NRS 458.350 Stateor political subdivision not required to provide facility for treatment.

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GENERAL PROVISIONS

NRS 458.010 Definitions.[Effective through June 30, 2007.] As used in NRS 458.010 to 458.350, inclusive, unless the context requiresotherwise:

1. Administrator means the Administrator of theHealth Division.

2. Alcohol and drug abuse program means a projectconcerned with education, prevention and treatment directed toward achievingthe mental and physical restoration of alcohol and drug abusers.

3. Alcohol and drug abuser means a person whoseconsumption of alcohol or other drugs, or any combination thereof, interfereswith or adversely affects his ability to function socially or economically.

4. Alcoholic means any person who habitually usesalcoholic beverages to the extent that he endangers the health, safety orwelfare of himself or any other person or group of persons.

5. Board means the State Board of Health.

6. Civil protective custody means a custodialplacement of a person to protect his health or safety. Civil protective custodydoes not have any criminal implication.

7. Detoxification technician means a person who iscertified by the Health Division to provide screening for the safe withdrawalfrom alcohol and other drugs.

8. Facility means a physical structure used for theeducation, prevention and treatment, including mental and physical restoration,of alcohol and drug abusers.

9. Health Division means the Health Division of theDepartment of Health and Human Services.

(Added to NRS by 1960, 306; A 1963, 966; 1967, 1174;1973, 1060, 1399; 1975, 228; 1977, 1223; 1993, 1628; 1997, 3076; 1999, 1266, 1874, 3065, 3066, 3077; 2001, 418, 440, 1909, 2519; 2003, 1454)

NRS 458.010 Definitions. [Effective from July 1,2007, until the date the regulation adopted by the Board of Examiners forAlcohol, Drug and Gambling Counselors for the certification of a person as adetoxification technician pursuant to NRS 641C.500 becomes effective, unless alater date is otherwise specified in the regulation.] Asused in NRS 458.010 to 458.350, inclusive, unless the contextrequires otherwise:

1. Administrator means the Administrator of theDivision.

2. Alcohol and drug abuse program means a project concernedwith education, prevention and treatment directed toward achieving the mentaland physical restoration of alcohol and drug abusers.

3. Alcohol and drug abuser means a person whoseconsumption of alcohol or other drugs, or any combination thereof, interfereswith or adversely affects his ability to function socially or economically.

4. Alcoholic means any person who habitually usesalcoholic beverages to the extent that he endangers the health, safety orwelfare of himself or any other person or group of persons.

5. Civil protective custody means a custodialplacement of a person to protect his health or safety. Civil protective custodydoes not have any criminal implication.

6. Detoxification technician means a person who iscertified by the Division to provide screening for the safe withdrawal fromalcohol and other drugs.

7. Division means the Division of Mental Health andDevelopmental Services of the Department of Health and Human Services.

8. Facility means a physical structure used for theeducation, prevention and treatment, including mental and physical restoration,of alcohol and drug abusers.

(Added to NRS by 1960, 306; A 1963, 966; 1967, 1174;1973, 1060, 1399; 1975, 228; 1977, 1223; 1993, 1628; 1997, 3076; 1999, 1266, 1874, 3065, 3066, 3077; 2001, 418, 440, 1909, 2519; 2003, 1454; 2005, 22nd SpecialSession, 56, effective July 1, 2007)

NRS 458.010 Definitions. [Effective on the datethe regulation adopted by the Board of Examiners for Alcohol, Drug and GamblingCounselors for the certification of a person as a detoxification technicianpursuant to NRS641C.500 becomes effective, unless a later date is otherwisespecified in the regulation.] As used in NRS 458.010 to 458.350, inclusive, unless the contextrequires otherwise:

1. Administrator means the Administrator of theDivision.

2. Alcohol and drug abuse program means a projectconcerned with education, prevention and treatment directed toward achievingthe mental and physical restoration of alcohol and drug abusers.

3. Alcohol and drug abuser means a person whoseconsumption of alcohol or other drugs, or any combination thereof, interfereswith or adversely affects his ability to function socially or economically.

4. Alcoholic means any person who habitually usesalcoholic beverages to the extent that he endangers the health, safety orwelfare of himself or any other person or group of persons.

5. Civil protective custody means a custodialplacement of a person to protect his health or safety. Civil protective custodydoes not have any criminal implication.

6. Division means the Division of Mental Health andDevelopmental Services of the Department of Health and Human Services.

7. Facility means a physical structure used for theeducation, prevention and treatment, including mental and physical restoration,of alcohol and drug abusers.

(Added to NRS by 1960, 306; A 1963, 966; 1967, 1174;1973, 1060, 1399; 1975, 228; 1977, 1223; 1993, 1628; 1997, 3076; 1999, 1266, 1874, 3065, 3066, 3077; 2001, 418, 440, 1909, 2519; 2003, 1168, 1454; 2005, 22nd SpecialSession, 56, 57,effective on the date the regulation adopted by the Board of Examiners forAlcohol, Drug and Gambling Counselors for the certification of a person as adetoxification technician pursuant to NRS 641C.500 becomes effective, unless alater date is otherwise specified in the regulation)

ALCOHOL AND DRUG ABUSE PROGRAMS

NRS 458.025 Operationof state plan; certification of detoxification technicians, facilities andprograms. [Effective through June 30, 2007.] TheHealth Division:

1. Shall formulate and operate a comprehensive stateplan for alcohol and drug abuse programs which must include:

(a) A survey of the need for prevention and treatmentof alcohol and drug abuse, including a survey of the facilities needed toprovide services and a plan for the development and distribution of servicesand programs throughout this State.

(b) A plan for programs to educate the public in theproblems of the abuse of alcohol and other drugs.

(c) A survey of the need for persons who haveprofessional training in fields of health and other persons involved in theprevention of alcohol and drug abuse and in the treatment and recovery ofalcohol and drug abusers, and a plan to provide the necessary treatment.

Indeveloping and revising the state plan, the Health Division shall consider,without limitation, the amount of money available from the Federal Governmentfor alcohol and drug abuse programs and the conditions attached to theacceptance of that money, and the limitations of legislative appropriations foralcohol and drug abuse programs.

2. Shall coordinate the efforts to carry out the stateplan and coordinate all state and federal financial support of alcohol and drugabuse programs in this State.

3. Must be consulted in the planning of projects andadvised of all applications for grants from within this State which areconcerned with alcohol and drug abuse programs, and shall review theapplications and advise the applicants concerning the applications.

4. Shall certify or deny certification ofdetoxification technicians or any facilities or programs on the basis of thestandards established by the Board pursuant to this section, and publish a listof certified detoxification technicians, facilities and programs. Anydetoxification technicians, facilities or programs which are not certified areineligible to receive state and federal money for alcohol and drug abuse programs.The Board shall adopt regulations. The regulations:

(a) Must prescribe the requirements for continuingeducation for persons certified as detoxification technicians; and

(b) May prescribe the fees for the certification ofdetoxification technicians, facilities or programs. A fee prescribed pursuantto this paragraph must be calculated to produce the revenue estimated to coverthe costs related to the certifications, but in no case may a fee for acertificate exceed the actual cost to the Health Division of issuing thecertificate.

5. Upon request from a facility which isself-supported, may certify the facility, its programs and detoxificationtechnicians and add them to the list described in subsection 4.

(Added to NRS by 1973, 1397; A 1975, 228; 1981, 1901;1987, 526; 1999, 1267,1875, 3066; 2001, 419, 441, 1910, 2519)

NRS 458.025 Operation of state plan;certification of detoxification technicians, facilities and programs.[Effective from July 1, 2007, until the date the regulation adopted by theBoard of Examiners for Alcohol, Drug and Gambling Counselors for the certificationof a person as a detoxification technician pursuant to NRS 641C.500becomes effective, unless a later date is otherwise specified in theregulation.] The Division:

1. Shall formulate and operate a comprehensive stateplan for alcohol and drug abuse programs which must include:

(a) A survey of the need for prevention and treatmentof alcohol and drug abuse, including a survey of the facilities needed toprovide services and a plan for the development and distribution of servicesand programs throughout this State.

(b) A plan for programs to educate the public in theproblems of the abuse of alcohol and other drugs.

(c) A survey of the need for persons who haveprofessional training in fields of health and other persons involved in theprevention of alcohol and drug abuse and in the treatment and recovery ofalcohol and drug abusers, and a plan to provide the necessary treatment.

Indeveloping and revising the state plan, the Division shall consider, withoutlimitation, the amount of money available from the Federal Government foralcohol and drug abuse programs and the conditions attached to the acceptanceof that money, and the limitations of legislative appropriations for alcoholand drug abuse programs.

2. Shall coordinate the efforts to carry out the stateplan and coordinate all state and federal financial support of alcohol and drugabuse programs in this State.

3. Must be consulted in the planning of projects andadvised of all applications for grants from within this State which areconcerned with alcohol and drug abuse programs, and shall review theapplications and advise the applicants concerning the applications.

4. Shall certify or deny certification of detoxificationtechnicians or any facilities or programs on the basis of the standardsestablished by the Division pursuant to this section, and publish a list ofcertified detoxification technicians, facilities and programs. Anydetoxification technicians, facilities or programs which are not certified areineligible to receive state and federal money for alcohol and drug abuse programs.The Division shall adopt regulations. The regulations:

(a) Must prescribe the requirements for continuingeducation for persons certified as detoxification technicians; and

(b) May prescribe the fees for the certification ofdetoxification technicians, facilities or programs. A fee prescribed pursuantto this paragraph must be calculated to produce the revenue estimated to coverthe costs related to the certifications, but in no case may a fee for acertificate exceed the actual cost to the Division of issuing the certificate.

5. Upon request from a facility which isself-supported, may certify the facility, its programs and detoxificationtechnicians and add them to the list described in subsection 4.

(Added to NRS by 1973, 1397; A 1975, 228; 1981, 1901;1987, 526; 1999, 1267,1875, 3066; 2001, 419, 441, 1910, 2519; 2005, 22nd SpecialSession, 57, effective July 1, 2007)

NRS 458.025 Operation of state plan;certification of facilities and programs. [Effective on the date the regulationadopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors forthe certification of a person as a detoxification technician pursuant to NRS 641C.500becomes effective, unless a later date is otherwise specified in theregulation.] The Division:

1. Shall formulate and operate a comprehensive stateplan for alcohol and drug abuse programs which must include:

(a) A survey of the need for prevention and treatmentof alcohol and drug abuse, including a survey of the facilities needed toprovide services and a plan for the development and distribution of services andprograms throughout this State.

(b) A plan for programs to educate the public in theproblems of the abuse of alcohol and other drugs.

(c) A survey of the need for persons who haveprofessional training in fields of health and other persons involved in theprevention of alcohol and drug abuse and in the treatment and recovery ofalcohol and drug abusers, and a plan to provide the necessary treatment.

Indeveloping and revising the state plan, the Division shall consider, withoutlimitation, the amount of money available from the Federal Government foralcohol and drug abuse programs and the conditions attached to the acceptanceof that money, and the limitations of legislative appropriations for alcoholand drug abuse programs.

2. Shall coordinate the efforts to carry out the stateplan and coordinate all state and federal financial support of alcohol and drugabuse programs in this State.

3. Must be consulted in the planning of projects andadvised of all applications for grants from within this State which areconcerned with alcohol and drug abuse programs, and shall review theapplications and advise the applicants concerning the applications.

4. Shall certify or deny certification of anyfacilities or programs on the basis of the standards established by theDivision pursuant to this section, and publish a list of certified facilitiesand programs. Any facilities or programs which are not certified are ineligibleto receive state and federal money for alcohol and drug abuse programs. TheDivision shall adopt regulations which may prescribe the fees for thecertification of facilities or programs. A fee prescribed pursuant to thissubsection must be calculated to produce the revenue estimated to cover thecosts related to the certifications, but in no case may a fee for a certificateexceed the actual cost to the Division of issuing the certificate.

5. Upon request from a facility which isself-supported, may certify the facility and its programs and add them to thelist described in subsection 4.

(Added to NRS by 1973, 1397; A 1975, 228; 1981, 1901;1987, 526; 1999, 1267,1875, 3066; 2001, 419, 441, 1910, 2519; 2003, 1168; 2005, 22nd SpecialSession, 57, 58,effective on the date the regulation adopted by the Board of Examiners forAlcohol, Drug and Gambling Counselors for the certification of a person as adetoxification technician pursuant to NRS 641C.500 becomes effective, unless alater date is otherwise specified in the regulation)

NRS 458.026 Certificationof detoxification technician: Statement by applicant concerning payment ofchild support; grounds for denial of certification; duty of Administrator.[Effective through June 30, 2007.]

1. An applicant for the issuance or renewal of hiscertification as a detoxification technician must submit to the Health Divisionthe statement prescribed by the Division of Welfare and Supportive Services ofthe Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Health Division shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certification; or

(b) A separate form prescribed by the Health Division.

3. The certification of a person as a detoxificationtechnician may not be issued or renewed by the Health Division if theapplicant:

(a) Fails to complete or submit the statement requiredpursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Administrator shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1997, 2059; A 1999, 1268, 3067; 2001, 132, 133, 420, 442, 1910, 2520; R 2003, 1169)

NRS 458.026 Certification of detoxificationtechnician: Statement by applicant concerning payment of child support; groundsfor denial of certification; duty of Administrator. [Effective July 1, 2007,and expires by limitation on the date the regulation adopted by the Board ofExaminers for Alcohol, Drug and Gambling Counselors for the certification of aperson as a detoxification technician pursuant to NRS 641C.500becomes effective, unless a later date is otherwise specified in theregulation, or on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings, whichever occurs first.]

1. An applicant for the issuance or renewal of hiscertification as a detoxification technician must submit to the Division thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Division shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certification; or

(b) A separate form prescribed by the Division.

3. The certification of a person as a detoxificationtechnician may not be issued or renewed by the Division if the applicant:

(a) Fails to complete or submit the statement requiredpursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Administrator shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1997, 2059; A 1999, 1268, 3067; 2001, 132, 133, 420, 442, 1910, 2520; R 2003, 1169; A 2005, 22nd SpecialSession, 59, effective July 1, 2007)

NRS 458.027 Certificationof detoxification technician: Suspension of certification for failure to paychild support or comply with certain subpoenas or warrants; reinstatement ofcertification. [Effective through June 30, 2007.]

1. If the Health Division receives a copy of a courtorder issued pursuant to NRS 425.540that provides for the suspension of all professional, occupational andrecreational licenses, certificates and permits issued to a person who has beencertified as a detoxification technician, the Health Division shall deem thecertification to be suspended at the end of the 30th day after the date onwhich the court order was issued unless the Health Division receives a letterissued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has beencertified stating that the person has complied with the subpoena or warrant orhas satisfied the arrearage pursuant to NRS425.560.

2. The Health Division shall reinstate thecertification of a person as a detoxification technician that has beensuspended by a district court pursuant to NRS425.540 if the Health Division receives a letter issued by the districtattorney or other public agency pursuant to NRS425.550 to the person whose certification was suspended stating that theperson whose certification was suspended has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2060; A 1999, 1268, 3068; 2001, 421, 443, 1911, 2521; R 2003, 1169)

NRS 458.027 Certification of detoxificationtechnician: Suspension of certification for failure to pay child support orcomply with certain subpoenas or warrants; reinstatement of certification.[Effective July 1, 2007, and expires by limitation on the date the regulationadopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors forthe certification of a person as a detoxification technician pursuant to NRS 641C.500becomes effective, unless a later date is otherwise specified in theregulation, or on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings, whichever occurs first.]

1. If the Division receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who has been certified asa detoxification technician, the Division shall deem the certification to besuspended at the end of the 30th day after the date on which the court orderwas issued unless the Division receives a letter issued by the districtattorney or other public agency pursuant to NRS425.550 to the person who has been certified stating that the person hascomplied with the subpoena or warrant or has satisfied the arrearage pursuantto NRS 425.560.

2. The Division shall reinstate the certification of aperson as a detoxification technician that has been suspended by a districtcourt pursuant to NRS 425.540 if theDivision receives a letter issued by the district attorney or other publicagency pursuant to NRS 425.550 to theperson whose certification was suspended stating that the person whosecertification was suspended has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

(Added to NRS by 1997, 2060; A 1999, 1268, 3068; 2001, 421, 443, 1911, 2521; R 2003, 1169; A 2005, 22nd SpecialSession, 59, effective July 1, 2007)

NRS 458.028 Certificationof detoxification technician: Application to include social security number.[Expires by limitation on the date the regulation adopted by the Board ofExaminers for Alcohol, Drug and Gambling Counselors, for the certification of aperson as a detoxification technician pursuant to NRS 641C.500becomes effective, unless a later date is otherwise specified in theregulation, or on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings, whichever occurs first.]An application for the certification of a detoxification technicianmust include the social security number of the applicant.

(Added to NRS by 1997, 2060; A 1999, 1269, 3068; 2001, 1911, 2521; R 2003, 1169)

NRS 458.031 Administrationof NRS458.010 to 458.350, inclusive. [Effective throughJune 30, 2007.] The Health Division shalladminister the provisions of NRS 458.010to 458.350, inclusive, as the soleagency of the State of Nevada for that purpose.

(Added to NRS by 1973, 1397; A 1997, 3076; 1999, 3069; 2001, 421; 2003, 1455)

NRS 458.031 Administration of NRS 458.010to 458.350,inclusive. [Effective July 1, 2007.] TheDivision shall administer the provisions of NRS458.010 to 458.350, inclusive, asthe sole agency of the State of Nevada for that purpose.

(Added to NRS by 1973, 1397; A 1997, 3076; 1999, 3069; 2001, 421; 2003, 1455; 2005, 22nd SpecialSession, 60, effective July 1, 2007)

NRS 458.035 Powerof Health Division to contract. [Effective through June 30, 2007.] The Health Division may contract with any appropriatepublic or private agency, organization or institution to carry out theprovisions of NRS 458.010 to 458.350, inclusive.

(Added to NRS by 1973, 1398; A 1997, 3076; 1999, 3069; 2001, 421)

NRS 458.035 Power of Division to contract.[Effective July 1, 2007.] The Division maycontract with any appropriate public or private agency, organization orinstitution to carry out the provisions of NRS458.010 to 458.350, inclusive.

(Added to NRS by 1973, 1398; A 1997, 3076; 1999, 3069; 2001, 421; 2005, 22nd SpecialSession, 60, effective July 1, 2007)

NRS 458.055 Confidentialinformation. [Effective through June 30, 2007.]

1. To preserve the confidentiality of any informationconcerning persons applying for or receiving any services pursuant to NRS 458.010 to 458.350, inclusive, the Health Division mayestablish and enforce rules governing the confidential nature, custody, use andpreservation of the records, files and communications filed with the HealthDivision.

2. Wherever information concerning persons applyingfor and receiving any services pursuant to NRS458.010 to 458.350, inclusive, isfurnished to or held by any other government agency or a public or privateinstitution, the use of that information by the agency or institution issubject to the rules established by the Health Division pursuant to subsection1.

3. Except as otherwise provided in NRS 442.300 to 442.330, inclusive, and 449.705 and chapter629 of NRS and except for purposes directly connected with theadministration of NRS 458.010 to 458.350, inclusive, a person shall notdisclose, use or authorize the disclosure of any confidential informationconcerning a person receiving services pursuant to NRS 458.010 to 458.350, inclusive.

(Added to NRS by 1973, 1398; A 1991, 2350; 1997,3077; 1999, 3069,3514; 2001, 421; 2003, 1455)

NRS 458.055 Confidential information. [EffectiveJuly 1, 2007.]

1. To preserve the confidentiality of any informationconcerning persons applying for or receiving any services pursuant to NRS 458.010 to 458.350, inclusive, the Division mayestablish and enforce rules governing the confidential nature, custody, use andpreservation of the records, files and communications filed with the Division.

2. Wherever information concerning persons applyingfor and receiving any services pursuant to NRS458.010 to 458.350, inclusive, isfurnished to or held by any other government agency or a public or privateinstitution, the use of that information by the agency or institution issubject to the rules established by the Division pursuant to subsection 1.

3. Except as otherwise provided in NRS 442.300 to 442.330, inclusive, and 449.705 and chapter629 of NRS and except for purposes directly connected with theadministration of NRS 458.010 to 458.350, inclusive, a person shall notdisclose, use or authorize the disclosure of any confidential informationconcerning a person receiving services pursuant to NRS 458.010 to 458.350, inclusive.

(Added to NRS by 1973, 1398; A 1991, 2350; 1997,3077; 1999, 3069,3514; 2001, 421; 2003, 1455; 2005, 22nd SpecialSession, 60, effective July 1, 2007)

NRS 458.080 Financialassistance to organization operating facility. [Effective through June 30,2007.] The Health Division may, by contractingwith organized groups, render partial financial assistance in the operation offacilities established by these groups. Each such contract must contain aprovision allowing for an audit of all accounts, books and other financialrecords of the organization with which the agency contracts.

(Added to NRS by 1960, 307; A 1963, 1028; 1971, 90;1973, 1400, 1669; 1975, 316; 2001, 421)

NRS 458.080 Financial assistance to organizationoperating facility. [Effective July 1, 2007.] TheDivision may, by contracting with organized groups, render partial financialassistance in the operation of facilities established by these groups. Eachsuch contract must contain a provision allowing for an audit of all accounts,books and other financial records of the organization with which the agencycontracts.

(Added to NRS by 1960, 307; A 1963, 1028; 1971, 90;1973, 1400, 1669; 1975, 316; 2001, 421; 2005, 22nd SpecialSession, 60, effective July 1, 2007)

NRS 458.091 Treatmentin hospital for abuser of alcohol or drugs. Alcoholand drug abusers must be admitted to public or private general medicalhospitals which receive federal or state money for alcohol and drug abuseprograms, and must be treated in those hospitals on the basis of their medicalneed. No general medical hospital that violates this section is eligible toreceive further federal or state assistance pursuant to NRS 458.010 to 458.350, inclusive.

(Added to NRS by 1973, 1398; A 1997, 3077; 1999, 3069)

NRS 458.097 Useand allocation of certain money for increase of services. [Effective throughJune 30, 2007.]

1. Money received by the Health Division pursuant to NRS 369.174 must be used to increaseservices for the prevention of alcohol and drug abuse and alcoholism and forthe detoxification and rehabilitation of alcohol and drug abusers. In allocatingthe money for the increase of services, the Health Division shall give priorityto:

(a) The areas where there exists a shortage of servicesfor the treatment of alcoholism and alcohol abuse. The Health Division shalldetermine the areas of shortage on the basis of data available from state andlocal agencies, data contained in the comprehensive state plan for alcohol anddrug abuse programs, and other appropriate data.

(b) The needs of counties to provide:

(1) Civil protective custody, pursuant to NRS 458.270, for persons who are found inpublic places while under the influence of alcohol; and

(2) Secure detoxification units or otherappropriate facilities for persons who are arrested or taken into custody whileunder the influence of a controlled substance.

(c) Alcohol and drug abuse programs that are primarilydirected toward the prevention of such abuse.

2. As used in this section, secure detoxificationunit has the meaning ascribed to it in NRS458.175.

(Added to NRS by 1981, 896; A 1997, 781; 2001, 422; 2003, 1455)

NRS 458.097 Use and allocation of certain moneyfor increase of services. [Effective July 1, 2007.]

1. Money received by the Division pursuant to NRS 369.174 must be used to increaseservices for the prevention of alcohol and drug abuse and alcoholism and forthe detoxification and rehabilitation of alcohol and drug abusers. Inallocating the money for the increase of services, the Division shall givepriority to:

(a) The areas where there exists a shortage of servicesfor the treatment of alcoholism and alcohol abuse. The Division shall determinethe areas of shortage on the basis of data available from state and localagencies, data contained in the comprehensive state plan for alcohol and drugabuse programs, and other appropriate data.

(b) The needs of counties to provide:

(1) Civil protective custody, pursuant to NRS 458.270, for persons who are found inpublic places while under the influence of alcohol; and

(2) Secure detoxification units or otherappropriate facilities for persons who are arrested or taken into custody whileunder the influence of a controlled substance.

(c) Alcohol and drug abuse programs that are primarilydirected toward the prevention of such abuse.

2. As used in this section, secure detoxificationunit has the meaning ascribed to it in NRS458.175.

(Added to NRS by 1981, 896; A 1997, 781; 2001, 422; 2003, 1455; 2005, 22nd SpecialSession, 60, effective July 1, 2007)

NRS 458.098 Taxon Liquor Program Account.

1. The Tax on Liquor Program Account is hereby createdin the State General Fund.

2. Money in the Account that is received pursuant to NRS 369.174 must be used for the purposesspecified in NRS 458.097.

3. All claims must be approved by the Administratorbefore they are paid.

(Added to NRS by 1999, 21; A 2001, 422)

NRS 458.100 StateGrant and Gift Account for Alcohol and Drug Abuse. [Effective through June 30,2007.]

1. All gifts or grants of money for an alcohol anddrug abuse program which the Health Division is authorized to accept must bedeposited in the State Treasury for credit to the State Grant and Gift Accountfor Alcohol and Drug Abuse which is hereby created in the Department of Healthand Human Services Gift Fund.

2. Money in the Account must be used to carry out theprovisions of NRS 458.010 to 458.350, inclusive.

3. All claims must be approved by the Administratorbefore they are paid.

(Added to NRS by 1960, 307; A 1963, 968; 1973, 1400;1975, 261; 1979, 623; 1981, 79, 896; 1993, 1629; 1997, 3077; 1999, 21, 1876, 3069; 2001, 219, 422)

NRS 458.100 State Grant and Gift Account forAlcohol and Drug Abuse. [Effective July 1, 2007.]

1. All gifts or grants of money for an alcohol anddrug abuse program which the Division is authorized to accept must be depositedin the State Treasury for credit to the State Grant and Gift Account forAlcohol and Drug Abuse which is hereby created in the Department of Health andHuman Services Gift Fund.

2. Money in the Account must be used to carry out theprovisions of NRS 458.010 to 458.350, inclusive.

3. All claims must be approved by the Administratorbefore they are paid.

(Added to NRS by 1960, 307; A 1963, 968; 1973, 1400;1975, 261; 1979, 623; 1981, 79, 896; 1993, 1629; 1997, 3077; 1999, 21, 1876, 3069; 2001, 219, 422; 2005, 22nd SpecialSession, 61, effective July 1, 2007)

NRS 458.103 HealthDivision authorized to accept public money. [Effective through June 30, 2007.] The Health Division may accept:

1. Money appropriated and made available by any act ofCongress for any alcohol and drug abuse program administered by the HealthDivision as provided by law.

2. Money appropriated and made available by the Stateof Nevada or by a county, a city, a public district or any politicalsubdivision of this State for any alcohol and drug abuse program administeredby the Health Division as provided by law.

(Added to NRS by 1963, 834; A 1973, 1400; 1975, 261; 2001, 422)

NRS 458.103 Division authorized to accept publicmoney. [Effective July 1, 2007.] The Divisionmay accept:

1. Money appropriated and made available by any act ofCongress for any alcohol and drug abuse program administered by the Division asprovided by law.

2. Money appropriated and made available by the Stateof Nevada or by a county, a city, a public district or any politicalsubdivision of this State for any alcohol and drug abuse program administeredby the Division as provided by law.

(Added to NRS by 1963, 834; A 1973, 1400; 1975, 261; 2001, 422; 2005, 22nd SpecialSession, 61, effective July 1, 2007)

NRS 458.104 Temporaryadvance from State General Fund. [Effective through June 30, 2007.]

1. If the Administrator determines that current claimsexceed the amount of money available to the Health Division because of a delayin the receipt of money from federal grants, he may request from the Directorof the Department of Administration a temporary advance from the State GeneralFund for the payment of authorized expenses.

2. The Director of the Department of Administrationshall notify the State Controller and the Fiscal Analysis Division of theLegislative Counsel Bureau of his approval of a request made pursuant tosubsection 1. The State Controller shall draw his warrant upon receipt of theapproval by the Director of the Department of Administration.

3. An advance from the State General Fund:

(a) Must be approved by the Director of the Departmentof Administration for use pursuant to NRS458.080; and

(b) Is limited to 25 percent of the revenue expected tobe received in the current fiscal year from any source other than legislativeappropriation.

4. Any money which is temporarily advanced from theState General Fund to the Health Division pursuant to this section must berepaid by August 31 following the end of the fiscal year during which the moneywas advanced.

(Added to NRS by 1991, 1174; A 1993, 1629; 2001, 422)

NRS 458.104 Temporary advance from State GeneralFund. [Effective July 1, 2007.]

1. If the Administrator determines that current claimsexceed the amount of money available to the Division because of a delay in thereceipt of money from federal grants, he may request from the Director of theDepartment of Administration a temporary advance from the State General Fundfor the payment of authorized expenses.

2. The Director of the Department of Administrationshall notify the State Controller and the Fiscal Analysis Division of theLegislative Counsel Bureau of his approval of a request made pursuant tosubsection 1. The State Controller shall draw his warrant upon receipt of theapproval by the Director of the Department of Administration.

3. An advance from the State General Fund:

(a) Must be approved by the Director of the Departmentof Administration for use pursuant to NRS458.080; and

(b) Is limited to 25 percent of the revenue expected tobe received in the current fiscal year from any source other than legislativeappropriation.

4. Any money which is temporarily advanced from theState General Fund to the Division pursuant to this section must be repaid byAugust 31 following the end of the fiscal year during which the money wasadvanced.

(Added to NRS by 1991, 1174; A 1993, 1629; 2001, 422; 2005, 22nd SpecialSession, 61, effective July 1, 2007)

NRS 458.105 Feesfor sale of miscellaneous printed material. [Effective through June 30, 2007.] The Health Division may fix and collect reasonable feesfor the sale of miscellaneous printed materials pertaining to alcohol and drugabuse which are purchased or prepared by the Health Division. The fees must bedeposited in the State Treasury to the credit of the General Fund.

(Added to NRS by 1963, 834; A 1973, 1401; 1975, 261; 2001, 423)

NRS 458.105 Fees for sale of miscellaneousprinted material. [Effective July 1, 2007.] TheDivision may fix and collect reasonable fees for the sale of miscellaneousprinted materials pertaining to alcohol and drug abuse which are purchased orprepared by the Division. The fees must be deposited in the State Treasury tothe credit of the General Fund.

(Added to NRS by 1963, 834; A 1973, 1401; 1975, 261; 2001, 423; 2005, 22nd SpecialSession, 61, effective July 1, 2007)

NRS 458.110 Additionalpowers of Health Division. [Effective through June 30, 2007.] In addition to the activities set forth in NRS 458.025 to 458.115, inclusive, the Health Division mayengage in any activity necessary to effectuate the purposes of NRS 458.010 to 458.350, inclusive.

(Added to NRS by 1960, 307; A 1963, 968; 1973, 1401;1985, 295; 1997, 3077; 1999,3070; 2001, 423)

NRS 458.110 Additional powers of Division.[Effective July 1, 2007.] In addition to theactivities set forth in NRS 458.025 to 458.115, inclusive, the Division may engagein any activity necessary to effectuate the purposes of NRS 458.010 to 458.350, inclusive.

(Added to NRS by 1960, 307; A 1963, 968; 1973, 1401;1985, 295; 1997, 3077; 1999,3070; 2001, 423;2005, 22ndSpecial Session, 62, effective July 1, 2007)

NRS 458.115 Legislativeappropriations; claims. Money to carry out theprovisions of NRS 458.010 to 458.350, inclusive, must be provided bydirect legislative appropriation from the State General Fund and paid out onclaims as other claims against the State are paid. All claims must be approvedby the Administrator before they are paid.

(Added to NRS by 1961, 159; A 1963, 968; 1973, 1401;1997, 3078; 1999,3070; 2001, 423;2003, 1456)

SERVICES FOR ADOLESCENTS

NRS 458.125 Requestsfor proposals; advancement of initial costs; staffing of Health Division.[Effective through June 30, 2007.]

1. The Health Division shall prepare requests forproposals for the provision by facilities of:

(a) Residential treatment of adolescents who engage insubstance abuse;

(b) Outpatient treatment of adolescents who engage insubstance abuse;

(c) Comprehensive evaluations of adolescents withproblems relating to substance abuse or mental illness, or both; and

(d) Transitional housing for adolescents who engage insubstance abuse.

2. Upon accepting a proposal submitted in accordancewith this section, the Health Division may advance not more than 8 percent ofthe amount of the proposal to the facility that submitted the proposal to helpdefray the costs of starting the provision of the services, including, withoutlimitation, the cost of beds, equipment and rental space for expansion.

3. The Health Division shall establish suchrequirements for the requests for proposals as it determines necessary.

4. The Health Division shall hire, to the extent oflegislative authorization, such staff as it determines necessary to carry outthe provisions of this section and NRS458.131.

(Added to NRS by 1999, 1873; A 2001, 423)

NRS 458.125 Requests for proposals; advancementof initial costs; staffing of Division. [Effective July 1, 2007.]

1. The Division shall prepare requests for proposalsfor the provision by facilities of:

(a) Residential treatment of adolescents who engage insubstance abuse;

(b) Outpatient treatment of adolescents who engage insubstance abuse;

(c) Comprehensive evaluations of adolescents withproblems relating to substance abuse or mental illness, or both; and

(d) Transitional housing for adolescents who engage insubstance abuse.

2. Upon accepting a proposal submitted in accordancewith this section, the Division may advance not more than 8 percent of theamount of the proposal to the facility that submitted the proposal to helpdefray the costs of starting the provision of the services, including, withoutlimitation, the cost of beds, equipment and rental space for expansion.

3. The Division shall establish such requirements forthe requests for proposals as it determines necessary.

4. The Division shall hire, to the extent oflegislative authorization, such staff as it determines necessary to carry outthe provisions of this section and NRS458.131.

(Added to NRS by 1999, 1873; A 2001, 423; 2005, 22nd SpecialSession, 62, effective July 1, 2007)

NRS 458.131 Biennialreport by Health Division. [Effective through June 30, 2007.] The Health Division shall, on or before September 1 ofeach odd-numbered year, submit to the Director of the Department of Health andHuman Services a report covering the biennium ending on June 30 of that year.The report must include:

1. The name of each facility that received moneypursuant to NRS 458.125 during thebiennium, and the amount of money that each facility received for each type ofservice provided;

2. If a facility received money pursuant to NRS 458.125 during the biennium to helpdefray the costs of starting the provision of services, the name of thefacility, the amount of money received and an accounting of how the money wasused;

3. The number of adolescents who received any of theservices described in NRS 458.125 fromthose facilities during the biennium, and the number of adolescents who werereceiving those services as of the end of the biennium; and

4. As of the end of the biennium:

(a) The number of adolescents on waiting lists toreceive the services described in NRS458.125; and

(b) An estimate of the number of other adolescents inthis State who are in need of the services described in NRS 458.125.

(Added to NRS by 1999, 1873; A 2001, 423)

NRS 458.131 Biennial report of Division.[Effective July 1, 2007.] The Division shall,on or before September 1 of each odd-numbered year, submit to the Director ofthe Department of Health and Human Services a report covering the bienniumending on June 30 of that year. The report must include:

1. The name of each facility that received moneypursuant to NRS 458.125 during thebiennium, and the amount of money that each facility received for each type of serviceprovided;

2. If a facility received money pursuant to NRS 458.125 during the biennium to helpdefray the costs of starting the provision of services, the name of thefacility, the amount of money received and an accounting of how the money wasused;

3. The number of adolescents who received any of theservices described in NRS 458.125 fromthose facilities during the biennium, and the number of adolescents who werereceiving those services as of the end of the biennium; and

4. As of the end of the biennium:

(a) The number of adolescents on waiting lists toreceive the services described in NRS458.125; and

(b) An estimate of the number of other adolescents inthis State who are in need of the services described in NRS 458.125.

(Added to NRS by 1999, 1873; A 2001, 423; 2005, 22nd SpecialSession, 62, effective July 1, 2007)

PROTECTIVE CUSTODY OF PERSONS UNDER INFLUENCE OF CONTROLLEDSUBSTANCE

NRS 458.175 Powersand duties of peace officers.

1. If a peace officer arrests or takes into custody aperson who is found in any public place unlawfully under the influence of acontrolled substance and in such a condition that he is unable to exercise carefor his health or safety or the health or safety of other persons, the peaceofficer may deliver the person to a licensed facility for the treatment ofpersons who abuse controlled substances or other appropriate facility forobservation and care.

2. A person who is unlawfully under the influence of acontrolled substance who is arrested or taken into custody by a peace officermust immediately be taken to a secure detoxification unit or other appropriatemedical facility if his condition appears to require emergency medicaltreatment. Upon release from the detoxification unit or medical facility, theperson must immediately be remanded to the custody of the apprehending peaceofficer and the criminal proceedings proceed as prescribed by law.

3. Every peace officer and other public employee oragency acting pursuant to this section is performing a discretionary functionor duty.

4. As used in this section, secure detoxificationunit includes, without limitation, a detoxification unit in which the staff ofthe detoxification unit ensures the security of the detoxification unit.

(Added to NRS by 2003, 1454)

CIVIL PROTECTIVE CUSTODY OF ABUSERS OF ALCOHOL

NRS 458.250 Legislativedeclaration of purpose. The Legislature findsand declares that the handling of alcohol abusers within the criminal justicesystem is ineffective, whereas treating alcohol abuse as a health problemallows its prevention and treatment and relieves law enforcement agencies of alarge and inappropriate burden. The provisions of NRS 458.250 to 458.280, inclusive, are intended to providefor the prevention of alcohol abuse and the treatment of alcohol abusers. Theprovisions of NRS 458.250 to 458.280, inclusive, are further intended totransfer the handling of public intoxication from statutes providing criminalsanctions, including, without limitation, loitering and vagrancy, to statutesproviding for civil protective custody. To accomplish these purposes, theDepartment of Health and Human Services shall continue to direct itself to theproblem of alcohol abuse at large, attempting to combat the problem at thecommunity level.

(Added to NRS by 1973, 1059; A 1975, 1145; 2001, 425)

NRS 458.260 Intoxicationnot public offense; exceptions.

1. Except as otherwise provided in subsection 2, theuse of alcohol, the status of drunkard and the fact of being found in anintoxicated condition are not:

(a) Public offenses and shall not be so treated in anyordinance or resolution of a county, city or town.

(b) Elements of an offense giving rise to a criminalpenalty or civil sanction.

2. The provisions of subsection 1 do not apply to:

(a) A civil or administrative violation for whichintoxication is an element of the violation pursuant to the provisions of aspecific statute or regulation;

(b) A criminal offense for which intoxication is anelement of the offense pursuant to the provisions of a specific statute orregulation;

(c) A homicide resulting from driving, operating orbeing in actual physical control of a vehicle or a vessel under power or sailwhile under the influence of intoxicating liquor or a controlled substance orresulting from any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and

(d) Any offense or violation which is similar to anoffense or violation described in paragraph (a), (b) or (c) and which is setforth in an ordinance or resolution of a county, city or town.

3. This section does not make intoxication an excuseor defense for any criminal act.

(Added to NRS by 1973, 1060; A 1975, 1145; 1983,1088; 1997, 333; 1999,3406; 2005, 169)

NRS 458.270 Procedurefor placing person in civil protective custody.

1. Except as otherwise provided in subsection 7, aperson who is found in any public place under the influence of alcohol, in sucha condition that he is unable to exercise care for his health or safety or thehealth or safety of other persons, must be placed under civil protectivecustody by a peace officer.

2. A peace officer may use upon such a person the kindand degree of force which would be lawful if he were effecting an arrest for amisdemeanor with a warrant.

3. If a licensed facility for the treatment of personswho abuse alcohol exists in the community where the person is found, he must bedelivered to the facility for observation and care. If no such facility existsin the community, the person so found may be placed in a county or city jail ordetention facility for shelter or supervision for his health and safety untilhe is no longer under the influence of alcohol. He may not be required againsthis will to remain in a licensed facility, jail or detention facility longerthan 48 hours.

4. An intoxicated person taken into custody by a peaceofficer for a public offense must immediately be taken to a securedetoxification unit or other appropriate medical facility if his conditionappears to require emergency medical treatment. Upon release from thedetoxification unit or medical facility, the person must immediately beremanded to the custody of the apprehending peace officer and the criminalproceedings proceed as prescribed by law.

5. The placement of a person found under the influenceof alcohol in civil protective custody must be:

(a) Recorded at the facility, jail or detentionfacility to which he is delivered; and

(b) Communicated at the earliest practical time to hisfamily or next of kin if they can be located.

6. Every peace officer and other public employee oragency acting pursuant to this section is performing a discretionary functionor duty.

7. The provisions of this section do not apply to aperson who is apprehended or arrested for:

(a) A civil or administrative violation for whichintoxication is an element of the violation pursuant to the provisions of aspecific statute or regulation;

(b) A criminal offense for which intoxication is anelement of the offense pursuant to the provisions of a specific statute orregulation;

(c) A homicide resulting from driving, operating orbeing in actual physical control of a vehicle or a vessel under power or sailwhile under the influence of intoxicating liquor or a controlled substance orresulting from any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and

(d) Any offense or violation which is similar to anoffense or violation described in paragraph (a), (b) or (c) and which is setforth in an ordinance or resolution of a county, city or town.

(Added to NRS by 1973, 1060; A 1975, 1145; 1989,1181; 1997, 333; 1999,3407; 2001, 425;2005, 170)

NRS 458.280 Recordsof facility for treatment confidential; exceptions.

1. Except as otherwise provided in subsection 2, NRS 442.300 to 442.330, inclusive, and 449.705 and chapter629 of NRS, the registration and other records of a treatment facility areconfidential and must not be disclosed to any person not connected with thetreatment facility without the consent of the patient.

2. The provisions of subsection 1 do not restrict theuse of a patients records for the purpose of research into the causes andtreatment of alcoholism if such information is not published in a way thatdiscloses the patients name or other identifying information.

(Added to NRS by 1975, 1144; A 1989, 2057; 1991,2351; 1999, 3515)

CIVIL COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS CONVICTEDOF CRIME

NRS 458.290 Drugaddict defined. As used in NRS 458.290 to 458.350, inclusive, unless the contextotherwise requires, drug addict means any person who habitually takes orotherwise uses any controlled substance, other than any maintenance dosage of anarcotic or habit-forming drug administered pursuant to chapter 453 of NRS, to the extent that heendangers the health, safety or welfare of himself or any other person.

(Added to NRS by 1975, 971; A 1987, 1553)

NRS 458.300 Eligibilityfor assignment to program of treatment. Subjectto the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drugaddict who has been convicted of a crime is eligible to elect to be assigned bythe court to a program of treatment for the abuse of alcohol or drugs pursuantto NRS 453.580 before he is sentencedunless:

1. The crime is:

(a) A crime against the person punishable as a felonyor gross misdemeanor as provided in chapter 200of NRS;

(b) A crime against a child as defined in NRS 179D.210;

(c) A sexual offense as defined in NRS 179D.410; or

(d) An act which constitutes domestic violence as setforth in NRS 33.018;

2. The crime is that of trafficking of a controlled substance;

3. The crime is a violation of NRS 484.379, 484.3795 or 484.37955;

4. The alcoholic or drug addict has a record of two ormore convictions of a crime described in subsection 1 or 2, a similar crime inviolation of the laws of another state, or of three or more convictions of anyfelony;

5. Other criminal proceedings alleging commission of afelony are pending against the alcoholic or drug addict;

6. The alcoholic or drug addict is on probation orparole and the appropriate parole or probation authority does not consent tothe election; or

7. The alcoholic or drug addict elected and wasadmitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program of treatmentnot more than twice within the preceding 5 years.

(Added to NRS by 1975, 971; A 1981, 1331; 1983, 1089;1985, 1751; 1987, 962, 1553; 1993, 1235; 1995, 235; 1999, 3408; 2005, 171, 2880)

NRS 458.310 Hearingto determine whether defendant should receive treatment.

1. If the court has reason to believe that a personwho has been convicted of a crime is an alcoholic or drug addict, or the personstates that he is an alcoholic or drug addict, and the court finds that he iseligible to make the election provided for in NRS458.300, the court shall hold a hearing before it sentences the person todetermine whether or not he should receive treatment under the supervision of astate-approved facility for the treatment of abuse of alcohol or drugs. Thedistrict attorney may present the court with any evidence concerning theadvisability of permitting the person to make the election.

2. At the hearing the court shall advise him thatsentencing will be postponed if he elects to submit to treatment and isaccepted for treatment by a state-approved facility. In offering the election,the court shall advise him that:

(a) The court may impose any conditions upon theelection of treatment that could be imposed as conditions of probation;

(b) If he elects to submit to treatment and isaccepted, he may be placed under the supervision of the facility for a periodof not less than 1 year nor more than 3 years;

(c) During treatment he may be confined in an institutionor, at the discretion of the facility, released for treatment or supervisedcare in the community; and

(d) If he satisfactorily completes treatment andsatisfies the conditions upon the election of treatment, as determined by thecourt, the conviction will be set aside, but if he does not satisfactorilycomplete the treatment and satisfy the conditions, he may be sentenced and thesentence executed.

(Added to NRS by 1975, 971; A 1977, 472; 1981, 1332;1985, 1752; 1987, 962)

NRS 458.320 Examinationof defendant; determination of acceptability for treatment; imposition ofconditions; deferment of sentencing; payment of costs of treatment.

1. If the court, after a hearing, determines that aperson is entitled to accept the treatment offered pursuant to NRS 458.310, the court shall order anapproved facility for the treatment of abuse of alcohol or drugs to conduct anexamination of the person to determine whether he is an alcoholic or drugaddict and is likely to be rehabilitated through treatment. The facility shallreport to the court the results of the examination and recommend whether theperson should be placed under supervision for treatment.

2. If the court, acting on the report or otherrelevant information, determines that the person is not an alcoholic or drugaddict, is not likely to be rehabilitated through treatment or is otherwise nota good candidate for treatment, he may be sentenced and the sentence executed.

3. If the court determines that the person is analcoholic or drug addict, is likely to be rehabilitated through treatment andis a good candidate for treatment, the court may:

(a) Impose any conditions to the election of treatmentthat could be imposed as conditions of probation;

(b) Defer sentencing until such time, if any, assentencing is authorized pursuant to NRS458.330; and

(c) Place the person under the supervision of anapproved facility for treatment for not less than 1 year nor more than 3 years.

The courtmay require such progress reports on the treatment of the person as it deemsnecessary.

4. A person who is placed under the supervision of anapproved facility for treatment shall pay the cost of the program of treatmentto which he is assigned and the cost of any additional supervision that may berequired, to the extent of his financial resources. The court may issue ajudgment in favor of the court or facility for treatment for the costs of thetreatment and supervision which remain unpaid at the conclusion of thetreatment. Such a judgment constitutes a lien in like manner as a judgment formoney rendered in a civil action, but in no event may the amount of thejudgment include any amount of the debt which was extinguished by thesuccessful completion of community service pursuant to subsection 5.

5. If the person who is placed under the supervisionof an approved facility for treatment does not have the financial resources to payall of the related costs:

(a) The court shall, to the extent practicable, arrangefor the person to be assigned to a program at a facility that receives asufficient amount of federal or state funding to offset the remainder of thecosts; and

(b) The court may order the person to performsupervised community service in lieu of paying the remainder of the costsrelating to his treatment and supervision. The community service must beperformed for and under the supervising authority of a county, city, town orother political subdivision or agency of the State of Nevada or a charitableorganization that renders service to the community or its residents. The courtmay require the person to deposit with the court a reasonable sum of money topay for the cost of policies of insurance against liability for personal injuryand damage to property or for industrial insurance, or both, during thoseperiods in which the person performs the community service, unless, in the caseof industrial insurance, it is provided by the authority for which he performsthe community service.

6. No person may be placed under the supervision of afacility under this section unless the facility accepts him for treatment.

(Added to NRS by 1975, 972; A 1977, 472; 1981, 1332;1985, 1752; 1987, 963; 1995, 235; 2001 Special Session,142)

NRS 458.330 Defermentof sentencing; satisfaction of conditions; setting aside conviction;sentencing.

1. Whenever a person is placed under the supervisionof a treatment facility, his sentencing must be deferred, and, except asotherwise provided in subsection 4, his conviction must be set aside if thetreatment facility certifies to the court that he has satisfactorily completedthe treatment program, and the court approves the certification and determinesthat the conditions upon the election of treatment have been satisfied.

2. If, upon the expiration of the treatment period,the treatment facility has yet to certify that the person has completed histreatment program, the court shall sentence him. If he has satisfied theconditions to the election of treatment and the court believes that he willcomplete his treatment on a voluntary basis, it may, in its discretion, set theconviction aside.

3. If, before the treatment period expires, thetreatment facility determines that the person is not likely to benefit fromfurther treatment at the facility, it shall so advise the court. The courtshall then:

(a) Arrange for the transfer of the person to a moresuitable treatment facility, if any; or

(b) Terminate the supervision and conduct a hearing todetermine whether the person should be sentenced.

Whenever aperson is sentenced under this section, time spent in institutional care mustbe deducted from any sentence imposed.

4. Regardless of whether the person successfullycompletes treatment, the court shall not set aside the conviction of a personwho has a record of two or more convictions of any felony for two or moreseparate incidences.

(Added to NRS by 1975, 972; A 1981, 1333; 1987, 964;1995, 236)

NRS 458.340 Civilcommitment not criminal conviction. Thedetermination of alcoholism or drug addiction and civil commitment pursuant to NRS 458.290 to 458.350, inclusive, shall not be deemed acriminal conviction.

(Added to NRS by 1975, 973; A 1981, 1333)

NRS 458.350 Stateor political subdivision not required to provide facility for treatment. The provisions of NRS458.290 to 458.350, inclusive, donot require the State or any of its political subdivisions to establish orfinance any facility for the treatment of abuse of alcohol or drugs.

(Added to NRS by 1975, 973; A 1985, 1753)

 

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