Title 39

NRS 435.336 Division authorized to bring action to enjoin provision of services. 1. The Division may bring an action in the name of the State to enjoin any natural person, partnership, firm, corporation, association, state or local government or agency thereof from providing supp…

NRS 435.337 Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duties of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspendin…

NRS 435.338 Application for issuance of certificate: Social security number required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupationa…

NRS 435.339 Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withhold…

NRS 435.3395 Petition for review of criminal history to determine if person is disqualified from obtaining certificate; Division to develop and implement process for submitting petition; requirements; fees; quarterly reports. 1. The Division shall develop and implement a process …

NRS 435.340 Legal capacity of person with an intellectual disability or person with a developmental disability unimpaired unless adjudicated incapacitated. Neither voluntary admission nor judicial commitment nor any other procedure provided in this chapter may be construed as dep…

NRS 435.350 Rights of person admitted to division facility. 1. Each person with an intellectual disability and each person with a developmental disability admitted to a division facility is entitled to all rights enumerated in NRS 435.006, 435.565 and 435.570. 2. The Administrato…

NRS 435.360 Responsibility for costs of care and treatment of person 18 years of age or older. 1. The relatives of a consumer with an intellectual disability or a consumer with a developmental disability who is 18 years of age or older are not responsible for the costs of the con…

NRS 435.365 Assistance to parent or other relative caring for certain persons with intellectual disabilities or developmental disabilities or young child with certain developmental delays: Eligibility; regulations; waiting list; final administrative decision. 1. To the extent tha…

NRS 435.370 Programs for residential placement and foster care by families. The Division may make such rules and regulations and enter such agreements with public and private agencies as are deemed necessary to implement residential placement-foster family care programs for perso…

NRS 435.375 Cooperative agreement with Rehabilitation Division to provide long-term support; regulations. 1. The Division shall enter into a cooperative agreement with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to provide long-term su…

NRS 435.380 Intellectual and Developmental Disability Gift Account. 1. All gifts or grants of money which the Division is authorized to accept must be spent in accordance with the provisions of the gift or grant. In the absence of those provisions, the Division must spend the mon…

NRS 435.390 Canteen for division facility: Establishment and operation. 1. The administrative officer of any division facility where persons with intellectual disabilities or persons with developmental disabilities reside may establish a canteen operated for the benefit of consum…

NRS 435.400 Designation. 1. The division facilities providing services for persons with intellectual disabilities or persons with developmental disabilities are designated as: (a) Desert Regional Center; (b) Sierra Regional Center; and (c) Rural Regional Center. 2. Division facil…

NRS 435.410 Administration of facilities of Division. The provisions of this chapter pertaining to division facilities must be administered by the respective administrative officers of the division facilities, subject to administrative supervision by the Administrator. (Added to …

NRS 435.411 Administrative officer: Qualifications. The administrative officer of a facility of the Division must: 1. Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the fields of psychiatry, medicine, psychology, social …

NRS 435.412 Administrative officer: Powers and duties. The administrative officers have the following powers and duties, subject to the administrative supervision of the Administrator: 1. To exercise general supervision of and establish regulations for the government of the facil…

NRS 435.413 Administrative officer: Other employment prohibited; exceptions. Except as otherwise provided in NRS 284.143, an administrative officer shall devote his or her entire time to the duties of his or her position and shall have no other gainful employment or occupation, b…

NRS 435.415 Licensing or certification of certain employees of Division. Any person employed by the Division as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, registered nurse or social worker must be licensed or certified by the app…

NRS 435.420 Proficiency in English language required of certain employees. The Administrator shall not employ any psychiatrist, psychologist, social worker or registered nurse who holds a master’s degree in the field of psychiatric nursing who is unable to demonstrate proficiency…

NRS 435.425 Program for certification of intellectual and developmental disability technicians. 1. The Division shall carry out a vocational and educational program for the certification of intellectual and developmental disability technicians, including forensic technicians empl…

NRS 435.430 Adoption of regulations concerning care and treatment by public and private facilities and to promote programs. 1. The Administrator shall adopt regulations: (a) For the care and treatment of persons with intellectual disabilities and persons with developmental disabi…

NRS 435.435 Adoption of regulations concerning abuse and neglect of consumers. The Administrator shall adopt regulations to: 1. Provide for a more detailed definition of abuse of a consumer of the Division, consistent with the general definition given in NRS 435.645; 2. Provide f…

NRS 435.440 Adoption of regulations concerning consumers. The Division may adopt regulations: 1. To define the term “consumer” for the purposes of this chapter. 2. To specify the circumstances under which a consumer is eligible to receive services from the Division pursuant to th…

NRS 435.442 Training and education concerning sexual abuse. The Division shall ensure that each facility to which a person with an intellectual disability or a person with a developmental disability is able to be admitted pursuant to this chapter provides: 1. Training to each emp…

NRS 435.445 Inspection of facility. The Division or its designated agent may inspect any division facility providing services for persons with intellectual disabilities or persons with developmental disabilities to determine if the facility is in compliance with the provisions of…

NRS 435.450 Division facility required to forward patient’s medical records upon transfer of patient from facility. 1. If a patient in a division facility is transferred to another division facility or to a medical facility, a facility for the dependent, an agency to provide pers…

NRS 435.455 Contracts with hospital or other institution for care of persons. The Division may, by contract with hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of persons with intellectual disabilities or persons with…

NRS 435.460 Contract with persons professionally qualified in field of psychiatric mental health for care of persons. The Division may contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for…

NRS 435.465 Contracts for cooperation with governmental agencies and others. For the purposes of this chapter, the Department through the Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or a…

NRS 435.470 Involuntary court-ordered admission to private institution not precluded. Nothing in this chapter precludes the involuntary court-ordered admission of a person with an intellectual disability or a person with a developmental disability to a private institution where s…

NRS 435.475 State not responsible for payment of costs of care and treatment at other facility; exceptions. The State is not responsible for payment of the costs of care and treatment of persons admitted to a facility not operated by the Division except where, before admission, t…

NRS 435.480 Legislative appropriations; payment of claims. Money to carry out the provisions of this chapter must be provided by legislative appropriation from the State General Fund, and paid out on claims as other claims against the State are paid. All claims relating to a divi…

NRS 435.485 Acceptance by Department of money from other sources. For the purposes of this chapter, the Department may accept: 1. Money appropriated and made available by any act of the Congress of the United States; 2. Money and contributions made available by a county, a city, …

NRS 435.490 Acceptance by Administrator of donations, gifts and grants for disbursement to certain programs; contract for services for evaluation and recommendation of recipients for disbursements. 1. Upon approval of the Director of the Department, the Administrator may accept: …

NRS 435.495 Schedule of fees for services rendered through programs supported by State; disposition of receipts; amount of fee for services of facility. 1. The Division shall establish a fee schedule for services rendered through any program supported by the State pursuant to the…

NRS 435.500 Fees of physicians and other professionally qualified employees of facility. 1. Physicians and other professional staff employed within any division facility shall receive a reasonable fee for evaluations, examinations or court testimony when directed by the court to …

NRS 435.505 Intellectual and developmental disability center revolving accounts. An intellectual and developmental disability center revolving account up to the amount of $5,000 is hereby created for each division intellectual and developmental disability center, and may be used …

NRS 435.510 Determination of residence. For the purposes of this chapter, the residence of a person is: 1. The domicile of such person; 2. If the domicile of the person cannot be ascertained, the place where the person was last employed; or 3. If the domicile of the person cannot…

NRS 435.515 Reciprocal agreement for returning consumers to legal residence; investigation and report concerning residence. 1. For the purpose of facilitating the return of nonresident consumers to the state in which they have legal residence, the Administrator may enter into rec…

NRS 435.520 Expenses of returning consumer to legal residence. 1. All expenses incurred for the purpose of returning a consumer to the state in which the consumer has a legal residence shall be paid from the moneys of the consumer or by the relatives or other persons responsible …

NRS 435.525 Compliance with reciprocal agreements; acceptance for admission to division facility. The Administrator shall: 1. Comply with any agreements made by the Administrator pursuant to NRS 435.515; and 2. Accept for admission to a division facility any resident child of thi…

NRS 435.530 Definitions. As used in NRS 435.530 to 435.615, inclusive, unless the context otherwise requires, the words and terms defined in NRS 435.535, 435.540 and 435.545 have the meanings ascribed to them in those sections. (Added to NRS by 2013, 3021)

NRS 435.535 “Administrative officer” defined. “Administrative officer” means a person with overall executive and administrative responsibility for a facility that provides services relating to intellectual disabilities or developmental disabilities and that is operated by any pub…

NRS 435.540 “Facility” defined. “Facility” means any: 1. Unit or subunit operated by the Division for the care, treatment and training of consumers. 2. Hospital, clinic or other institution operated by any public or private entity, for the care, treatment and training of consumer…

NRS 435.545 “Rights” defined. “Rights” includes, without limitation, all rights provided to a consumer pursuant to NRS 435.530 to 435.615, inclusive, and any regulations adopted pursuant thereto. (Added to NRS by 2013, 3021)