Title 40

NRS 449A.206 “Chemical restraint” defined. “Chemical restraint” means the administration of drugs to a person for the specific and exclusive purpose of controlling an acute or episodic behavior that places the person or others at a risk of harm when less restrictive alternative i…

NRS 449A.209 “Corporal punishment” defined. “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking. (Added to NRS by 1999, 3248)

NRS 449A.212 “Electric shock” defined. “Electric shock” means the application of electric current to a person’s skin or body. The term does not include electroconvulsive therapy. (Added to NRS by 1999, 3248)

NRS 449A.215 “Emergency” defined. “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage. (Adde…

NRS 449A.218 “Facility” defined. “Facility” means a facility licensed pursuant to chapter 449 of NRS that is a psychiatric hospital, as defined in NRS 449.0165, or a unit of a hospital that is specifically designated to provide care and services to persons with psychiatric or dev…

NRS 449A.221 “Mechanical restraint” defined. “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile. (Added to NRS by 1999, 3248)

NRS 449A.224 “Person with a disability” defined. “Person with a disability” means a person who: 1. Has a physical or mental impairment that substantially limits one or more of the major life activities of the person; 2. Has a record of such an impairment; or 3. Is regarded as hav…

NRS 449A.227 “Physical restraint” defined. “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile. (Added to NRS by 1999, 3248)

NRS 449A.230 “Verbal and mental abuse” defined. “Verbal and mental abuse” means actions or utterances that are intended to cause and actually cause severe emotional distress to a person. (Added to NRS by 1999, 3248)

NRS 449A.233 Aversive intervention: Prohibition on use. A person employed by a facility licensed pursuant to chapter 449 of NRS or any other person shall not use any aversive intervention on a person with a disability who is a patient at the facility. (Added to NRS by 1999, 3248)

NRS 449A.236 Forms of restraint: Restrictions on use. A person employed by a facility licensed pursuant to chapter 449 of NRS or any other person shall not: 1. Except as otherwise provided in NRS 449A.239, use physical restraint on a person with a disability who is a patient at t…

NRS 449A.239 Physical restraint: Permissible use; report of use in emergency. 1. Except as otherwise provided in subsection 2, physical restraint may be used on a person with a disability who is a patient at a facility only if: (a) An emergency exists that necessitates the use of…

NRS 449A.242 Mechanical restraint: Permissible use; report of use in emergency. 1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a person with a disability who is a patient at a facility only if: (a) An emergency exists that necessitates the us…

NRS 449A.245 Chemical restraint: Permissible use; report of use. 1. Chemical restraint may only be used on a person with a disability who is a patient at a facility if: (a) The patient has been diagnosed as a person in a mental health crisis, as defined in NRS 433A.0175, and is r…

NRS 449A.248 Authorized use of certain forms of restraint by certain facilities. Notwithstanding the provisions of NRS 449A.236 to 449A.245, inclusive, to the contrary, a facility may use or authorize the use of physical restraint, mechanical restraint or chemical restraint on a …

NRS 449A.251 Education and training of members of staff of facility. 1. Each facility shall develop a program of education for the members of the staff of the facility to provide instruction in positive behavioral interventions and positive behavioral supports that: (a) Includes …

NRS 449A.254 Violations: Criminal penalties; ineligibility for employment; disciplinary action. 1. Unless a more severe penalty is prescribed by specific statute, a person who willfully uses aversive intervention on a person with a disability who is a patient at a facility or, ex…

NRS 449A.257 Violations: Report required; development and review of and compliance with corrective plan. 1. A facility where a violation of the provisions of NRS 449A.200 to 449A.263, inclusive, occurs shall report the violation to the Division not later than 24 hours after the v…

NRS 449A.260 Prohibition on retaliation against person for reporting or providing information regarding violation. An officer, administrator or employee of a facility licensed pursuant to this chapter shall not retaliate against any person for having: 1. Reported a violation of N…

NRS 449A.263 Entry of denial of rights in patient’s record; notice and report of denial; action by Division. 1. A denial of rights of a person with a disability who is a patient of a facility pursuant to NRS 449A.200 to 449A.263, inclusive, must be entered in the patient’s record…

NRS 449A.270 Definitions. As used in NRS 449A.270 to 449A.286, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449A.272, 449A.274 and 449A.276 have the meanings ascribed to them in those sections. (Added to NRS by 2023, 715)

NRS 449A.272 “Emergency” defined. “Emergency” means circumstances where there is an imminent danger of death or serious physical harm to a resident. (Added to NRS by 2023, 715)

NRS 449A.274 “Representative of the resident” defined. “Representative of the resident” means a natural person who is designated in writing by a resident to be his or her representative. The term includes, without limitation, a person given power of attorney to make decisions con…

NRS 449A.276 “Resident” defined. “Resident” means a natural person who resides in a residential facility for groups. (Added to NRS by 2023, 715)

NRS 449A.278 Prohibition on certain persons serving as representative of resident; exception. The owner, agent or employee of a residential facility for groups or a provider of health care must not serve as the representative of a resident for the purposes of NRS 449A.270 to 449A…

NRS 449A.280 Required provisions of contract for delivery of services. A contract between a resident and a residential facility for groups for the delivery of services to the resident must: 1. Be entitled “Service Delivery Contract for Residential Facility for Groups”; 2. Be prin…

NRS 449A.282 Limitations on transfer or involuntary discharge; opportunity to cure delinquency; duty to attempt to resolve circumstances with potential to result in involuntary discharge. 1. A residential facility for groups shall not transfer or involuntarily discharge a residen…

NRS 449A.284 Notices concerning discharge of resident. 1. Written notice of the intent of a residential facility for groups to discharge a resident provided pursuant to NRS 449A.114 must, in addition to the persons described in that section, be provided to the representative of t…

NRS 449A.286 Assistance to and consultation with resident concerning discharge. 1. Before discharging a resident, a residential facility for groups shall offer assistance to the resident and any representative of the resident concerning the discharge and relocation of the residen…

NRS 449A.300 Definitions. As used in NRS 449A.300 to 449A.330, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449A.303, 449A.306 and 449A.309 have the meanings ascribed to them in those sections. (Added to NRS by 2015, 176)

NRS 449A.303 “Aftercare” defined. “Aftercare” means care or assistance that is provided to a patient after the patient is discharged following inpatient treatment at a hospital. (Added to NRS by 2015, 176)

NRS 449A.306 “Caregiver” defined. “Caregiver” means a person designated as such pursuant to NRS 449A.312, including, without limitation, a relative, spouse, partner, foster parent, friend or neighbor. (Added to NRS by 2015, 176)

NRS 449A.309 “Representative of the patient” defined. “Representative of the patient” means a legal guardian of the patient, a person designated by the patient to make decisions governing the withholding or withdrawal of life-sustaining treatment pursuant to NRS 449A.433 or a per…

NRS 449A.312 Designation of caregiver for a patient, removal of designation and designation of new caregiver under certain circumstances; designation does not establish obligation to patient. 1. A caregiver may be designated for a patient by: (a) The patient if he or she is 18 ye…

NRS 449A.315 Hospital to provide opportunity to designate caregiver for patient before discharge or when patient regains competence. 1. After admitting a patient as an inpatient and before discharging the patient, a hospital shall provide the opportunity to designate a caregiver …

NRS 449A.318 Hospital to record designation or change of caregiver and request consent to release medical information to caregiver if required; hospital to record declination to designate caregiver. 1. If a patient, the representative of a patient or the parent or guardian of a p…

NRS 449A.321 Hospital to attempt to notify caregiver before planned discharge or transfer of patient. If a patient, the representative of a patient or the parent or guardian of a patient has provided consent for the hospital to release medical information to a caregiver pursuant …

NRS 449A.324 Hospital to attempt to provide caregiver with discharge plan; contents of discharge plan; hospital to attempt to consult with caregiver regarding aftercare. If a patient, the representative of a patient or the parent or guardian of a patient has provided consent for …

NRS 449A.327 Hospital to document certain actions and instructions in medical record of patient; hospital to proceed with planned discharge or transfer of patient if unable to reach caregiver. 1. A hospital shall document in the medical record of the patient: (a) The attempt or c…

NRS 449A.330 Hospital and employees and contractors of hospital not liable for aftercare provided improperly or not provided by caregiver. A hospital or an employee or contractor of a hospital that acts in compliance with NRS 449A.300 to 449A.330, inclusive, is not liable for any…

NRS 449A.400 Short title; uniformity of application and construction. 1. NRS 449A.400 to 449A.481, inclusive, may be cited as the Uniform Act on Rights of the Terminally Ill. 2. NRS 449A.400 to 449A.481, inclusive, must be applied and construed to effectuate its general purpose t…

NRS 449A.403 Definitions. As used in NRS 449A.400 to 449A.481, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449A.406 to 449A.430, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1977, 759; A 1991, 632; 2017…

NRS 449A.406 “Advanced practice registered nurse” defined. “Advanced practice registered nurse” means a registered nurse who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237. (Added to NRS by 2017, 1757)

NRS 449A.409 “Attending advanced practice registered nurse” defined. “Attending advanced practice registered nurse” means an advanced practice registered nurse who has primary responsibility for the treatment and care of the patient. (Added to NRS by 2017, 1757)

NRS 449A.412 “Attending physician” defined. “Attending physician” means the physician who has primary responsibility for the treatment and care of the patient. (Added to NRS by 1977, 759; A 1991, 632)

NRS 449A.415 “Declaration” defined. “Declaration” means a writing executed in accordance with the requirements of NRS 449A.433. (Added to NRS by 1977, 759; A 1991, 632)