Title 39

NRS 433.427 “Policy board” defined. “Policy board” means a regional behavioral health policy board created by NRS 433.429. (Added to NRS by 2017, 2991)

NRS 433.428 Designation of behavioral health regions. Five behavioral health regions are hereby created as follows: 1. The Northern Behavioral Health Region consisting of Carson City and the counties of Churchill, Douglas, Lyon and Storey; 2. The Washoe Behavioral Health Region c…

NRS 433.429 Creation; membership; terms; meetings; Chair. 1. A regional behavioral health policy board is hereby created for each behavioral health region. 2. Each policy board consists of not less than 7 members and not more than 13 members appointed pursuant to this section. 3.…

NRS 433.4295 Duties. 1. Each policy board shall: (a) Advise the Department, Division and Commission regarding: (1) The behavioral health needs of adults and children in the behavioral health region; (2) Any progress, problems or proposed plans relating to the provision of behavio…

NRS 433.431 Definitions. As used in NRS 433.431 to 433.454, inclusive, unless the context otherwise requires, “division facility” means any unit or subunit operated by: 1. The Division of Public and Behavioral Health of the Department for the care, treatment and training of consu…

NRS 433.434 Determination of residence. For purposes of chapters 433 to 433C, inclusive, of NRS, 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 domici…

NRS 433.444 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 433.454 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 legal residence shall be paid from the moneys of the consumer or by the relatives or other persons responsible fo…

NRS 433.4543 Text of Compact. The Interstate Compact on Mental Health is hereby ratified, enacted into law and entered into with all jurisdictions legally joining in the Compact, in substantially the form set forth in this section: INTERSTATE COMPACT ON MENTAL HEALTH The contract…

NRS 433.4545 Administrator to serve as Compact Administrator; duties; regulations. The Administrator shall serve as the Compact Administrator of the Interstate Compact on Mental Health. The Compact Administrator shall: 1. Cooperate with all departments, agencies and officers of a…

NRS 433.4547 Construction. 1. To the extent possible, the provisions of the Interstate Compact on Mental Health are intended to supplement other statutory provisions governing the treatment and transfer of persons with mental illness and persons with intellectual disabilities and…

NRS 433.456 Definitions. As used in NRS 433.456 to 433.536, inclusive, unless the context otherwise requires, the words and terms defined in NRS 433.458, 433.461 and 433.462 have the meanings ascribed to them in those sections. (Added to NRS by 1989, 1755; A 1997, 3491; 2011, 412…

NRS 433.458 “Administrative officer” defined. “Administrative officer” means a person with overall executive and administrative responsibility for a facility that provides services relating to mental health and that is operated by any public or private entity. (Added to NRS by 19…

NRS 433.461 “Facility” defined. “Facility” means any: 1. Unit or subunit operated by the Division of Public and Behavioral Health of the Department for the care, treatment and training of consumers. 2. Unit or subunit operated by the Division of Child and Family Services of the D…

NRS 433.462 “Rights” defined. “Rights” includes, without limitation, all rights provided to a consumer pursuant to NRS 433.456 to 433.536, inclusive, and any regulations adopted pursuant thereto. (Added to NRS by 1997, 3490; A 2011, 413)

NRS 433.464 Right to habeas corpus unimpaired. The provisions of chapters 433 to 433C, inclusive, of NRS do 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 …

NRS 433.471 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 433.472 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 433.482 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 433.484 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 433.494 Individualized plan of services for consumer. 1. An individualized written plan of mental health services must be developed for each consumer of each facility. The plan must: (a) Provide for the least restrictive treatment procedure that may reasonably be expected to …

NRS 433.496 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 433.504 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 433.514 Medication: Responsibility of psychiatrist and physician; review of methods for administration and custody. 1. The attending psychiatrist or physician shall be responsible for all medication given or administered to a consumer. 2. Each administrative officer shall est…

NRS 433.524 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 433.531 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 433.533 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 433.534 Denial of rights prohibited; exceptions; report; investigation and action by Commission; 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 and safety or to pro…

NRS 433.536 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 433.538 Definitions. As used in NRS 433.538 to 433.543, inclusive, unless the context otherwise requires: 1. “Administrative officer” means a person with overall executive and administrative responsibility for a division facility. 2. “Division facility” means any unit or subu…

NRS 433.539 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 433.541 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 433.542 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 433.543 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 433.544 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 433.545 Definitions. As used in NRS 433.545 to 433.551, inclusive, unless the context otherwise requires, the words and terms defined in NRS 433.5453 to 433.548, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1999, 3229; A 2001, 2744)

NRS 433.5453 “Aversive intervention” defined. “Aversive intervention” means any of the following actions if the action is used to punish a person with a disability or to eliminate, reduce or discourage maladaptive behavior of a person with a disability: 1. The use of noxious odor…

NRS 433.5456 “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 433.546 “Corporal punishment” defined. “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking. (Added to NRS by 1999, 3230)

NRS 433.5463 “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, 3230)

NRS 433.5466 “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 433.547 “Mechanical restraint” defined. “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps, restraint chairs, handcuffs, belly chains and four-point restraints to limit a person’s movement or hold a person immobile. (Added to NRS b…

NRS 433.5473 “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 433.5476 “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, 3230)

NRS 433.548 “Verbal and mental abuse” defined. “Verbal and mental abuse” means verbal intimidation or coercion of a person without a redeeming purpose. (Added to NRS by 1999, 3230)

NRS 433.5483 Use of aversive intervention on consumer prohibited. A person employed by a facility or any other person shall not use any aversive intervention on a person with a disability who is a consumer. (Added to NRS by 1999, 3230; A 2011, 420)