Title 39

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)

NRS 435.550 Right to habeas corpus unimpaired. This chapter does not limit the right of any person detained hereunder to a writ of habeas corpus upon a proper application made at any time by such person or any other person on his or her behalf. (Added to NRS by 2013, 3021)

NRS 435.555 Rights concerning admission and discharge of consumers. 1. Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning admission to the facility, a list of which must be prominently posted in all facilities providing …

NRS 435.560 Rights concerning involuntary commitment. 1. Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning involuntary commitment to the facility, a list of which must be prominently posted in all facilities providing t…

NRS 435.565 Personal rights. Each consumer admitted for evaluation, treatment or training to a facility has the following personal rights, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the c…

NRS 435.570 Rights concerning care, treatment and training. Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning care, treatment and training, a list of which must be prominently posted in all facilities providing those se…

NRS 435.575 Individualized plan of services for consumer. 1. An individualized written plan of intellectual disability services or developmental disability services must be developed, as applicable, for each consumer of each facility. The plan must: (a) Provide for the least rest…

NRS 435.580 Basis for decisions, policies, procedures and practices regarding emergency admissions and involuntary court-ordered admissions. 1. Each facility shall make all of its decisions, policies, procedures and practices regarding emergency admissions or involuntary court-or…

NRS 435.585 Right to information; inspection and copying of records. 1. A consumer or the consumer’s legal guardian must be: (a) Permitted to inspect the consumer’s records; and (b) Informed of the consumer’s clinical status and progress at reasonable intervals of no longer than …

NRS 435.590 Medication: Responsibility of psychiatrist and physician; review of methods for administration and custody. 1. The attending psychiatrist or physician is responsible for all medication given or administered to a consumer. 2. Each administrative officer shall establish…

NRS 435.595 Labor by consumer: Conditions; compensation. 1. A consumer may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if: (a) The consumer voluntarily agrees to perform the labor; (b)…

NRS 435.600 Rights concerning suspension or violation of rights. Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning the suspension or violation of his or her rights, a list of which must be prominently posted in all faci…

NRS 435.605 Document reflecting receipt of list of rights and explanation of rights. Each facility shall, within a reasonable time after a consumer is admitted to the facility for evaluation, treatment or training, ask the consumer to sign a document that reflects that the consum…

NRS 435.610 Denial of rights prohibited; exceptions; report; investigation and action by Commission on Behavioral Health; closure of meeting in certain circumstances. 1. The rights of a consumer enumerated in this chapter must not be denied except to protect the consumer’s health…

NRS 435.615 Retaliation by officer, director or employee of facility prohibited. An officer, director or employee of a facility shall not retaliate against any person for having: 1. Reported any violation of law; or 2. Provided information regarding a violation of law, Ê by the f…

NRS 435.620 Personal deposit funds for consumers. 1. There may be maintained as a trust fund at each division facility a consumers’ personal deposit fund. 2. Money coming into the possession of the administrative officer of a division facility which belongs to a consumer must be …

NRS 435.625 Disposition of personal property of consumer upon death. Whenever any person admitted to a division facility dies, the administrative officer shall send written notice to the decedent’s legally appointed representative, listing the personal property remaining in the c…

NRS 435.630 Disposition of unclaimed personal property of consumer worth more than $100. If a person admitted to a division facility is discharged or leaves and the person fails to recover personal property worth more than $100 in the custody of the administrative officer of the …

NRS 435.635 Disposition of unclaimed personal property of minimal value. If, upon the death or release of a person admitted to a division facility, the value of unclaimed personal property in the possession of the administrative officer of the facility is so minimal that it canno…

NRS 435.640 Notification of death of consumer; burial. 1. Upon the death of a consumer, any known relatives or friends of the consumer shall be notified immediately of the fact of death. 2. The Administrator or the Administrator’s designee shall cause a decent burial to be provid…

NRS 435.645 Abuse of consumer; failure to report abuse; possession or use of intoxicating beverage or controlled substance; transaction with consumer; aiding escape of consumer; penalties. 1. An employee of a public or private facility offering services for persons with intellect…

NRS 435.650 Unlawful sale or transfer of intoxicating beverage on grounds of division facility. 1. Any person who, on the grounds of a division facility, sells, barters, exchanges or in any manner disposes of any spirituous or malt liquor or beverage to any person lawfully confin…

NRS 435.655 Liability of certain relatives and estate of person admitted to facility for payment of costs; recovery by legal action. 1. When a person is admitted to a division facility or hospital under one of the various forms of admission prescribed by law, the parent or legal …

NRS 435.660 Special agreement for support of consumer adjudicated incapacitated; advance payments. 1. The administrative officers of the respective division facilities may enter into special agreements secured by properly executed bonds with the relatives, guardians or friends of…

NRS 435.665 Collection of fees by legal action and other methods. 1. If the consumer, his or her responsible relative pursuant to NRS 435.655, guardian or the estate neglects or refuses to pay the cost of treatment to the division facility rendering service pursuant to the fee sc…

NRS 435.670 Payment of costs of medical services rendered by person not on staff of facility of Division. The expense of diagnostic, medical and surgical services furnished to a consumer admitted to a division facility by a person not on the staff of the facility, whether rendere…

NRS 435.700 Return of prescription drug to dispensing pharmacy for reissuance or transfer of drug; reissuance or transfer of drug by dispensing pharmacy; regulations. 1. A public or private facility offering services for persons with intellectual disabilities or persons with deve…

NRS 435.705 Transfer to hospital of Department of Veterans Affairs or other facility; duties of medical director and Commission on Behavioral Health upon objection of consumer. The medical director of a division facility may order the transfer to a hospital of the Department of V…

NRS 435.710 Transfer of nonresident to state of residence. 1. If any person involuntarily court-admitted to any division facility is found by the court not to be a resident of this State and to be a resident of another state, the person may be transferred to the state of his or h…