context otherwise requires, the words and terms defined in sections 3 to

11, inclusive, of this act have the meanings ascribed to them in those

sections.

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 odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. Requiring a person to perform exercise under forced conditions if

the:

(a) Person is required to perform the exercise because he exhibited a

behavior that is related to his disability;

(b) Exercise is harmful to the health of the person because of his

disability; or

(c) Nature of the person’s disability prevents him from engaging in

the exercise;

8. Any intervention, technique or procedure that deprives a person of

the use of one or more of his senses, regardless of the length of the

deprivation, including, without limitation, the use of sensory screens; or

9. The deprivation of necessities needed to sustain the health of a

person, regardless of the length of the deprivation, including, without

limitation, the denial or unreasonable delay in the provision of:

(a) Food or liquid at a time when it is customarily served; or

the specific and exclusive purpose of controlling an acute or episodic

aggressive behavior when alternative intervention techniques have failed

to limit or control the behavior. The term does not include the

administration of drugs on a regular basis, as prescribed by a physician,

to treat the symptoms of mental, physical, emotional or behavioral

disorders and for assisting a person in gaining self-control over his

impulses.

physical pain, including, without limitation, hitting, pinching or striking.

a person’s skin or body. The term does not include electroconvulsive

therapy.

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.

without limitation, mittens, straps and restraint chairs to limit a person’s

movement or hold a person immobile.

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 having such an impairment.

limit a person’s movement or hold a person immobile.

coercion of a person without a redeeming purpose.

not use any aversive intervention on a person with a disability who is a

client.

inclusive, of this act to the contrary, a facility may use or authorize the

use of physical restraint, mechanical restraint or chemical restraint on a

person with a disability who is a client if the facility is:

agency; or

only to the extent that the accreditation or certification allows the use of

such restraint.

not:

1. Except as otherwise provided in section 15 of this act, use physical

restraint on a person with a disability who is a client.

2. Except as otherwise provided in section 16 of this act, use

mechanical restraint on a person with a disability who is a client.

3. Except as otherwise provided in section 17 of this act, use

chemical restraint on a person with a disability who is client.

restraint may be used on a person with a disability who is a client only if:

(a) An emergency exists that necessitates the use of physical restraint;

(b) The physical restraint is used only for the period that is necessary

to contain the behavior of the client so that the client is no longer an

immediate threat of causing physical injury to himself or others or

causing severe property damage; and

(c) The use of force in the application of physical restraint does not

exceed the force that is reasonable and necessary under the

circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a person with a disability who is

a client and the provisions of subsection 1 do not apply if the physical

restraint is used to:

(a) Assist the client in completing a task or response if the client does

not resist the application of physical restraint or if his resistance is

minimal in intensity and duration;

(b) Escort or carry a client to safety if the client is in danger in his

present location; or

(c) Conduct medical examinations or treatments on the client that are

necessary.

3. If physical restraint is used on a person with a disability who is a

client in an emergency, the use of the procedure must be reported as a

denial of rights pursuant to NRS 433.534, regardless of whether the use

of the procedure is authorized by statute. The report must be made not

mechanical restraint may be used on a person with a disability who is a

client only if:

(a) An emergency exists that necessitates the use of mechanical

restraint;

(b) A medical order authorizing the use of mechanical restraint is

obtained from the client’s treating physician before the application of the

mechanical restraint or not later than 15 minutes after the application of

the mechanical restraint;

(c) The physician who signed the order required pursuant to

paragraph (b) or the attending physician examines the client not later

than 1 working day immediately after the application of the mechanical

restraint;

(d) The mechanical restraint is applied by a member of the staff of the

facility who is trained and qualified to apply mechanical restraint;

(e) The client is given the opportunity to move and exercise the parts

of his body that are restrained at least 10 minutes per every 60 minutes of

restraint;

(f) A member of the staff of the facility lessens or discontinues the

restraint every 15 minutes to determine whether the client will stop or

control his inappropriate behavior without the use of the restraint;

(g) The record of the client contains a notation that includes the time

of day that the restraint was lessened or discontinued pursuant to

paragraph (f), the response of the client and the response of the member

of the staff of the facility who applied the mechanical restraint;

(h) A member of the staff of the facility continuously monitors the

client during the time that mechanical restraint is used on the client; and

(i) The mechanical restraint is used only for the period that is

necessary to contain the behavior of the client so that the client is no

longer an immediate threat of causing physical injury to himself or

others or causing severe property damage.

2. Mechanical restraint may be used on a person with a disability

who is a client and the provisions of subsection 1 do not apply if the

mechanical restraint is used to:

(a) Treat the medical needs of a client;

(b) Protect a client who is known to be at risk of injury to himself

because he lacks coordination or suffers from frequent loss of

consciousness;

(c) Provide proper body alignment to a client; or

(d) Position a client who has physical disabilities in a manner

prescribed in the client’s plan of services.

3. If mechanical restraint is used on a person with a disability who is

a client in an emergency, the use of the procedure must be reported as a

denial of rights pursuant to NRS 433.534, regardless of whether the use

of the procedure is authorized by statute. The report must be made not

later than 1 working day after the procedure is used.

disability who is a client if:

(a) The client has been diagnosed as mentally ill, as defined in NRS

433A.115, and is receiving mental health services from a facility;

(b) The chemical restraint is administered to the client while he is

under the care of the facility;

(c) An emergency exists that necessitates the use of chemical

restraint;

(d) A medical order authorizing the use of chemical restraint is

obtained from the client’s attending physician or psychiatrist;

(e) The physician or psychiatrist who signed the order required

pursuant to paragraph (d) examines the client not later than 1 working

day immediately after the administration of the chemical restraint; and

(f) The chemical restraint is administered by a person licensed to

administer medication.

2. If chemical restraint is used on a person with a disability who is a

client, the use of the procedure must be reported as a denial of rights

pursuant to NRS 433.534, regardless of whether the use of the procedure

is authorized by statute. The report must be made not later than 1

working day after the procedure is used.

the members of the staff of the facility to provide instruction in positive

behavioral interventions and positive behavioral supports that:

(a) Includes positive methods to modify the environment of clients to

promote adaptive behavior and reduce the occurrence of inappropriate

behavior;

(b) Includes methods to teach skills to clients so that clients can

replace inappropriate behavior with adaptive behavior;

(c) Includes methods to enhance a client’s independence and quality

of life;

(d) Includes the use of the least intrusive methods to respond to and

reinforce the behavior of clients; and

(e) Offers a process for designing interventions based upon the client

that are focused on promoting appropriate changes in behavior as well as

enhancing the overall quality of life for the client.

2. Each facility shall provide appropriate training for the members of

the staff of the facility who are authorized to carry out and monitor

physical restraint, mechanical restraint and chemical restraint to ensure

that those members of the staff are competent and qualified to carry out

the procedures in accordance with sections 2 to 19, inclusive, of this act.

2 to 19, inclusive, of this act occurs shall:

(a) Not later than 24 hours after a violation occurs, or as soon

thereafter as the violation is discovered, report the violation to the

division; and

(b) Develop, in cooperation with the division, a corrective plan to

ensure that within 30 calendar days after the violation occurred,

appropriate action is taken by the facility to prevent future violations.

2. The division shall forward the plan to the director of the

department. The director or his designee shall review the plan to ensure

that it complies with applicable federal law and the statutes and

regulations of this state. The director or his designee may require

appropriate revision of the plan to ensure compliance.

3. If the facility where the violation occurred does not meet the

requirements of the plan to the satisfaction of the director or his

designee, the department may withhold funding for the facility until the

facility meets the requirements of the plan.

1. intervention.

grounds for disciplinary action against the person so convicted and the

facility where the violation occurred. The division may recommend to the

appropriate agency or board the suspension or revocation of the

professional license, registration, certificate or permit of a person

convicted pursuant to NRS 433.554.

context otherwise requires, the words and terms defined in sections 25 to

33, inclusive, of this act have the meanings ascribed to them in those

sections.

if the action is used to punish a pupil with a disability or to eliminate,

reduce or discourage maladaptive behavior of a pupil with a disability:

1. The use of noxious odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. The administration of chemical restraint to a person;

8. The placement of a person alone in a room where release from the

room is prohibited by a mechanism, including, without limitation, a lock,

device or object positioned to hold the door closed or otherwise prevent

the person from leaving the room;

9. Requiring a person to perform exercise under forced conditions if

the:

(a) Person is required to perform the exercise because he exhibited a

behavior that is related to his disability;

(b) Exercise is harmful to the health of the person because of his

disability; or

(c) Nature of the person’s disability prevents him from engaging in

the exercise; or

10. The deprivation of necessities needed to sustain the health of a

person, regardless of the length of the deprivation, including, without

limitation, the denial or unreasonable delay in the provision of:

(a) Food or liquid at a time when it is customarily served; or

the specific and exclusive purpose of controlling an acute or episodic

aggressive behavior when alternative intervention techniques have failed

to limit or control the behavior. The term does not include the

administration of drugs on a regular basis, as prescribed by a physician,

to treat the symptoms of mental, physical, emotional or behavioral

disorders and for assisting a person in gaining self-control over his

impulses.

physical pain, including, without limitation, hitting, pinching or striking.

to a person’s skin or body. The term does not include electroconvulsive

therapy.

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.

ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

without limitation, mittens, straps and restraint chairs to limit a person’s

movement or hold a person immobile.

limit a person’s movement or hold a person immobile.

that are intended to cause and actually cause severe emotional distress to

a person.

district or any other person shall not use any aversive intervention on a

pupil with a disability.

district or any other person shall not:

1. Except as otherwise provided in section 36 of this act, use physical

restraint on a pupil with a disability.

2. Except as otherwise provided in section 37 of this act, use

mechanical restraint on a pupil with a disability.

restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of physical restraint;

(b) The physical restraint is used only for the period that is necessary

to contain the behavior of the pupil so that the pupil is no longer an

immediate threat of causing physical injury to himself or others or

causing severe property damage; and

(c) The use of force in the application of physical restraint does not

exceed the force that is reasonable and necessary under the

circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a pupil with a disability and the

provisions of subsection 1 do not apply if the physical restraint is used to:

(a) Assist the pupil in completing a task or response if the pupil does

not resist the application of physical restraint or if his resistance is

minimal in intensity and duration;

(b) Escort or carry a pupil to safety if the pupil is in danger in his

present location; or

(c) Conduct medical examinations or treatments on the pupil that are

necessary.

3. If physical restraint is used on a pupil with a disability in an

emergency, the use of the procedure must be reported in the pupil’s

cumulative record and a confidential file maintained for the pupil not

later than 1 working day after the procedure is used. A copy of the report

must be provided to the board of trustees of the school district, the pupil’s

individualized education program team and the parent or guardian of the

pupil. If the board of trustees determines that a denial of the pupil’s

rights has occurred, the board of trustees may submit a report to the

mechanical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of mechanical

restraint;

(b) A medical order authorizing the use of mechanical restraint is

obtained from the pupil’s treating physician before the application of the

mechanical restraint or not later than 15 minutes after the application of

the mechanical restraint;

(c) The physician who signed the order required pursuant to

paragraph (b) or the attending physician examines the pupil as soon as

practicable;

(d) The mechanical restraint is applied by a member of the staff of the

school who is trained and qualified to apply mechanical restraint;

(e) The pupil is given the opportunity to move and exercise the parts

of his body that are restrained at least 10 minutes per every 60 minutes of

restraint, unless otherwise prescribed by the physician who signed the

order;

(f) A member of the staff of the school lessens or discontinues the

restraint every 15 minutes to determine whether the pupil will stop or

control his inappropriate behavior without the use of the restraint;

(g) The record of the pupil contains a notation that includes the time

of day that the restraint was lessened or discontinued pursuant to

paragraph (f), the response of the pupil and the response of the member

of the staff of the school who applied the mechanical restraint;

(h) A member of the staff of the school continuously monitors the

pupil during the time that mechanical restraint is used on the pupil; and

(i) The mechanical restraint is used only for the period that is

necessary to contain the behavior of the pupil so that the pupil is no

longer an immediate threat of causing physical injury to himself or

others or causing severe property damage.

2. Mechanical restraint may be used on a pupil with a disability and

the provisions of subsection 1 do not apply if the mechanical restraint is

used to:

(a) Treat the medical needs of the pupil;

(b) Protect a pupil who is known to be at risk of injury to himself

because he lacks coordination or suffers from frequent loss of

consciousness;

(c) Provide proper body alignment to a pupil; or

(d) Position a pupil who has physical disabilities in a manner

prescribed in the pupil’s individualized education program.

3. If mechanical restraint is used on a pupil with a disability in an

emergency, the use of the procedure must be reported in the pupil’s

cumulative record and a confidential file maintained for the pupil not

later than 1 working day after the procedure is used. A copy of the report

must be provided to the board of trustees of the school district, the pupil’s

individualized education program team and the parent or guardian of the

pupil. If the board of trustees determines that a denial of the pupil’s

rights has occurred, the board of trustees may submit a report to the

department in accordance with section 42 of this act.

education for use by the school districts to train the members of the staff

of the schools within the school districts who are identified in the

individualized education programs of pupils with disabilities to provide

services to those pupils. The model program of education must provide

instruction in positive behavioral interventions and positive behavioral

supports that:

(a) Includes positive methods to modify the environment of pupils

with disabilities to promote adaptive behavior and reduce the occurrence

of inappropriate behavior;

(b) Includes methods to teach skills to pupils with disabilities so that

the pupils can replace inappropriate behavior with adaptive behavior;

(c) Includes methods to enhance the independence and quality of life

for pupils with disabilities;

(d) Includes the use of the least intrusive methods to respond to and

reinforce the behavior of pupils with disabilities; and

(e) Offers a process for designing interventions based upon the pupil

that are focused on promoting appropriate changes in behavior as well as

enhancing the overall quality of life for the pupil.

2. The board of trustees of each school district shall provide for

appropriate training for the members of the staff of the schools within

the school district who are authorized to carry out and monitor physical

restraint and mechanical restraint to ensure that those members of the

staff are qualified to carry out the procedures in accordance with

sections 24 to 42, inclusive, of this act.

person who intentionally uses aversive intervention on a pupil with a

disability or intentionally violates section 35 of this act, is subject to

disciplinary action pursuant to NRS 391.312 or 391.330, or both.

inclusive, of this act occurs shall report the violation to the board of

trustees of the school district not later than 24 hours after the violation

occurred, or as soon thereafter as the violation is discovered.

2. The board of trustees of the school district where the violation

occurred shall develop, in cooperation with the superintendent of schools

of the school district, a corrective plan to ensure that within 30 calendar

days after the violation occurred, appropriate action is taken by the

school and the board of trustees to prevent future violations.

3. The superintendent of schools of the school district shall submit

the plan to the department. The department shall review the plan to

ensure that it complies with applicable federal law and the statutes and

regulations of this state. The department may require appropriate

revision of the plan to ensure compliance.

1. 4. If the school where the violation occurred does not meet the

1. requirements of the plan to the satisfaction of the department, the

1. department may appoint a licensed administrator to oversee the school to

1. ensure that the school meets the requirements of the plan. An

1. administrator serves at the pleasure of the superintendent of public

1. instruction and is entitled to receive such compensation as may be set by

1. the superintendent. A school district that contains a school for which an

1. administrator is appointed pursuant to this subsection shall reimburse

1. the department for any expenses incurred by the department pursuant to

1. shall not retaliate against any person for having:

1. Reported a violation of sections 24 to 42, inclusive, of this act; or

2. Provided information regarding a violation of sections 24 to 42,

inclusive, of this act,

by a public school or a member of the staff of the public school.

to sections 24 to 42, inclusive, of this act must be entered in the pupil’s

cumulative record and a confidential file maintained for that pupil.

Notice of the denial must be provided to the board of trustees of the

school district.

2. If the board of trustees of a school district receives notice of a

denial of rights pursuant to subsection 1, it shall cause a full report to be

prepared which must set forth in detail the factual circumstances

surrounding the denial. A copy of the report must be provided to the

department.

3. The department:

(a) Shall receive reports made pursuant to subsection 2;

(b) May investigate apparent violations of the rights of pupils with

disabilities; and

(c) May act to resolve disputes relating to apparent violations.

context otherwise requires, the words and terms defined in sections 48 to

57, inclusive, of this act have the meanings ascribed to them in those

sections.

if the action is used to punish a pupil with a disability or to eliminate,

reduce or discourage maladaptive behavior of a pupil with a disability:

1. The use of noxious odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. The administration of chemical restraint to a person;

8. The placement of a person alone in a room where release from the

room is prohibited by a mechanism, including, without limitation, a lock,

device or object positioned to hold the door closed or otherwise prevent

the person from leaving the room;

9. Requiring a person to perform exercise under forced conditions if

the:

(a) Person is required to perform the exercise because he exhibited a

behavior that is related to his disability;

(b) Exercise is harmful to the health of the person because of his

disability; or

(c) Nature of the person’s disability prevents him from engaging in

the exercise; or

10. The deprivation of necessities needed to sustain the health of a

person, regardless of the length of the deprivation, including, without

limitation, the denial or unreasonable delay in the provision of:

(a) Food or liquid at a time when it is customarily served; or

the specific and exclusive purpose of controlling an acute or episodic

aggressive behavior when alternative intervention techniques have failed

to limit or control the behavior. The term does not include the

administration of drugs on a regular basis, as prescribed by a physician,

to treat the symptoms of mental, physical, emotional or behavioral

disorders and for assisting a person in gaining self-control over his

impulses.

physical pain, including, without limitation, hitting, pinching or striking.

to a person’s skin or body. The term does not include electroconvulsive

therapy.

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.

ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

without limitation, mittens, straps and restraint chairs to limit a person’s

movement or hold a person immobile.

limit a person’s movement or hold a person immobile.

NRS 388.440.

that are intended to cause and actually cause severe emotional distress to

a person.

shall not use any aversive intervention on a pupil with a disability.

shall not:

1. Except as otherwise provided in section 60 of this act, use physical

restraint on a pupil with a disability.

2. Except as otherwise provided in section 61 of this act, use

mechanical restraint on a pupil with a disability.

restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of physical restraint;

(b) The physical restraint is used only for the period that is necessary

to contain the behavior of the pupil so that the pupil is no longer an

immediate threat of causing physical injury to himself or others or

causing severe property damage; and

(c) The use of force in the application of physical restraint does not

exceed the force that is reasonable and necessary under the

circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a pupil with a disability and the

provisions of subsection 1 do not apply if the physical restraint is used to:

(a) Assist the pupil in completing a task or response if the pupil does

not resist the application of physical restraint or if his resistance is

minimal in intensity and duration;

(b) Escort or carry a pupil to safety if the pupil is in danger in his

present location; or

(c) Conduct medical examinations or treatments on the pupil that are

necessary.

3. If physical restraint is used on a pupil with a disability in an

emergency, the use of the procedure must be reported in the pupil’s

cumulative record not later than 1 working day after the procedure is

used. A copy of the report must be provided to the superintendent, the

administrator of the private school, the pupil’s individualized education

program team, if applicable, and the parent or guardian of the pupil. If

the administrator of the private school determines that a denial of the

pupil’s rights has occurred, the administrator shall submit a report to the

superintendent in accordance with section 66 of this act.

mechanical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of mechanical

restraint;

(b) A medical order authorizing the use of mechanical restraint is

obtained from the pupil’s treating physician before the application of the

mechanical restraint or not later than 15 minutes after the application of

the mechanical restraint;

(c) The physician who signed the order required pursuant to

paragraph (b) or the attending physician examines the pupil as soon as

practicable after the application of the mechanical restraint;

(d) The mechanical restraint is applied by a member of the staff of the

private school who is trained and qualified to apply mechanical restraint;

(e) The pupil is given the opportunity to move and exercise the parts

of his body that are restrained at least 10 minutes per every 60 minutes of

restraint, unless otherwise prescribed by the physician who signed the

order;

(f) A member of the staff of the private school lessens or discontinues

the restraint every 15 minutes to determine whether the pupil will stop or

control his inappropriate behavior without the use of the restraint;

(g) The record of the pupil contains a notation that includes the time

of day that the restraint was lessened or discontinued pursuant to

paragraph (f), the response of the pupil and the response of the member

of the staff of the private school who applied the mechanical restraint;

(h) A member of the staff of the private school continuously monitors

the pupil during the time that mechanical restraint is used on the pupil;

and

(i) The mechanical restraint is used only for the period that is

necessary to contain the behavior of the pupil so that the pupil is no

longer an immediate threat of causing physical injury to himself or

others or causing severe property damage.

2. Mechanical restraint may be used on a pupil with a disability and

the provisions of subsection 1 do not apply if the mechanical restraint is

used to:

(a) Treat the medical needs of the pupil

;

(b) Protect a pupil who is known to be at risk of injury to himself

because he lacks coordination or suffers from frequent loss of

consciousness;

(c) Provide proper body alignment to a pupil; or

(d) Position a pupil who has physical disabilities in a manner

prescribed in the pupil’s service plan developed pursuant to 34 C.F.R. §

300.455 or the pupil’s individualized education program, whichever is

appropriate.

3. If mechanical restraint is used on a pupil with a disability in an

emergency, the use of the procedure must be reported in the pupil’s

cumulative record not later than 1 working day after the procedure is

used. A copy of the report must be provided to the superintendent, the

administrator of the private school, the pupil’s individualized education

program team, if applicable, and the parent or guardian of the pupil. If

the administrator of the private school determines that a denial of the

pupil’s rights has occurred, the administrator shall submit a report to the

superintendent in accordance with section 66 of this act.

disabilities, the school shall develop a program of education for the

members of the staff of the school who provide services to pupils with

disabilities. The program of education must provide instruction in

positive behavioral interventions and positive behavioral supports that:

(a) Includes positive methods to modify the environment of pupils

with disabilities to promote adaptive behavior and reduce the occurrence

of inappropriate behavior;

(b) Includes methods to teach skills to pupils with disabilities so that

the pupils can replace inappropriate behavior with adaptive behavior;

(c) Includes methods to enhance the independence and quality of life

for pupils with disabilities;

(d) Includes the use of the least intrusive methods to respond to and

reinforce the behavior of pupils with disabilities; and

(e) Offers a process for deigning interventions based upon the pupil

that are focused on promoting appropriate changes in behavior as well as

enhancing the overall quality of life for the pupil.

2. If a private school provides instruction to pupils with disabilities,

the school shall provide appropriate training for the members of the staff

of the school who are authorized to carry out and monitor physical

restraint and mechanical restraint to ensure that those members of the

staff are qualified to carry out the procedures in accordance with

sections 47 to 66, inclusive, of this act.

person who intentionally uses aversive intervention on a pupil with a

disability or intentionally violates section 59 of this act, is subject to

appropriate disciplinary action by the private school that employs him.

inclusive, of this act occurs shall report the violation to the

superintendent not later than 24 hours after the violation occurred, or as

soon thereafter as the violation is discovered.

2. The private school where a violation occurred shall develop, in

cooperation with the superintendent, a corrective plan to ensure that

within 30 calendar days after the violation occurred, appropriate action

is taken by the private school to prevent future violations.

3. The superintendent shall submit the plan to the department. The

department shall review the plan to ensure that it complies with

applicable federal law and the statutes and regulations of this state. The

department may require appropriate revision of the plan to ensure

compliance.

shall not retaliate against any person for having:

1. Reported a violation of sections 47 to 66, inclusive, of this act; or

2. Provided information regarding a violation of sections 47 to 66,

inclusive, of this act,

by a private school or a member of the staff of the private school.

to sections 47 to 66, inclusive, of this act must be entered in the pupil’s

cumulative record. Notice of the denial must be provided to the

administrator of the private school.

2. If the administrator of a private school receives notice of a denial

of rights pursuant to subsection 1, he shall cause a full report to be

prepared which must set forth in detail the factual circumstances

surrounding the denial. A copy of the report must be provided to the

superintendent.

3. The superintendent:

(a) Shall receive reports made pursuant to subsection 2;

(b) May investigate apparent violations of the rights of pupils with

disabilities; and

(c) May act to resolve disputes relating to apparent violations.

context otherwise requires, the words and terms defined in sections 69 to

77, inclusive, of this act have the meanings ascribed to them in those

sections.

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 odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of corporal punishment

;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. Requiring a person to perform exercise under forced conditions if

the:

(a) Person is required to perform the exercise because he exhibited a

behavior that is related to his disability;

(b) Exercise is harmful to the health of the person because of his

disability; or

(c) Nature of the person’s disability prevents him from engaging in

the exercise;

8. Any intervention, technique or procedure that deprives a person of

the use of one or more of his senses, regardless of the length of the

deprivation, including, without limitation, the use of sensory screens; or

person, regardless of the length of the deprivation, including, without

limitation, the denial or unreasonable delay in the provision of:

(a) Food or liquid at a time when it is customarily served; or

for the specific and exclusive purpose of controlling an acute or episodic

aggressive behavior when alternative intervention techniques have failed

to limit or control the behavior. The term does not include the

administration of drugs on a regular basis, as prescribed by a physician,

to treat the symptoms of mental, physical, emotional or behavioral

disorders and for assisting a person in gaining self-control over his

impulses.

physical pain, including, without limitation, hitting, pinching or striking.

to a person’s skin or body. The term does not include electroconvulsive

therapy.

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.

that is a psychiatric hospital or a unit of a hospital that is specifically

designated to provide care and services to persons with psychiatric or

developmental disabilities.

without limitation, mittens, straps and restraint chairs to limit a person’s

movement or hold a person immobile.

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 having such an impairment.

limit a person’s movement or hold a person immobile.

that are intended to cause and actually cause severe emotional distress to

a person.

chapter or any other person shall not use any aversive intervention on a

person with a disability who is a patient at the facility.

inclusive, of this act to the contrary, a facility may use or authorize the

use of physical restraint, mechanical restraint or chemical restraint on a

person with a disability who is a patient if the facility is:

agency; or

only to the extent that the accreditation or certification allows the use of

such restraint.

chapter or any other person shall not:

1. Except as otherwise provided in section 80 of this act, use physical

restraint on a person with a disability who is a patient at the facility.

2. Except as otherwise provided in section 81 of this act, use

mechanical restraint on a person with a disability who is a patient at the

facility.

3. Except as otherwise provided in section 81.5 of this act, use

chemical restraint on a person with a disability who is a patient at the

facility.

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 use of mechanical

restraint;

(b) A medical order authorizing the use of mechanical restraint is

obtained from the patient’s treating physician before the application of

the mechanical restraint or not later than 15 minutes after the

application of the mechanical restraint;

(c) The physician who signed the order required pursuant to

paragraph (b) or the attending physician examines the patient not later

than 1 working day immediately after the application of the mechanical

restraint;

(d) The mechanical restraint is applied by a member of the staff of the

facility who is trained and qualified to apply mechanical restraint;

(e) The patient is given the opportunity to move and exercise the parts

of his body that are restrained at least 10 minutes per every 60 minutes of

restraint;

(f) A member of the staff of the facility lessens or discontinues the

restraint every 15 minutes to determine whether the patient will stop or

control his inappropriate behavior without the use of the restraint;

(g) The record of the patient contains a notation that includes the time

of day that the restraint was lessened or discontinued pursuant to

paragraph (f), the response of the patient and the response of the

member of the staff of the facility who applied the mechanical restraint;

(h) A member of the staff of the facility continuously monitors the

patient during the time that mechanical restraint is used on the patient;

and

(i) The patient is released from the mechanical restraint as soon as his

behavior no longer presents an immediate threat to himself or others.

2. Mechanical restraint may be used on a person with a disability

who is a patient at a facility and the provisions of subsection 1 do not

apply if the mechanical restraint is used to:

(a) Treat the medical needs of a patient;

(b) Protect a patient who is known to be at risk of injury to himself

because he lacks coordination or suffers from frequent loss of

consciousness;

(c) Provide proper body alignment to a patient; or

(d) Position a patient who has physical disabilities in a manner

prescribed in the patient’s plan of treatment.

3. If mechanical restraint is used on a person with a disability who is

a patient at a facility in an emergency, the use of the procedure must be

reported as a denial of rights pursuant to section 86 of this act, regardless

of whether the use of the procedure is authorized by statute. The report

must be made not later than 1 working day after the procedure is used.

a disability who is a patient at a facility if:

(a) The patient has been diagnosed as mentally ill, as defined in NRS

433A.115, and is receiving mental health services from a facility;

(b) The chemical restraint is administered to the patient while he is

under the care of the facility;

(c) An emergency exists that necessitates the use of chemical

restraint;

(d) A medical order authorizing the use of chemical restraint is

obtained from the patient’s attending physician or psychiatrist;

(e) The physician or psychiatrist who signed the order required

pursuant to paragraph (d) examines the patient not later than 1 working

day immediately after the administration of the chemical restraint; and

(f) The chemical restraint is administered by a person licensed to

administer medication.

2. If chemical restraint is used on a person with a disability who is a

patient, the use of the procedure must be reported as a denial of rights

pursuant to section 86 of this act, regardless of whether the use of the

procedure is authorized by statute. The report must be made not later

than 1 working day after the procedure is used.

the members of the staff of the facility to provide instruction in positive

behavioral interventions and positive behavioral supports that:

(a) Includes positive methods to modify the environment of patients to

promote adaptive behavior and reduce the occurrence of inappropriate

behavior;

(b) Includes methods to teach skills to patients so that patients can

replace inappropriate behavior with adaptive behavior;

(c) Includes methods to enhance a patient’s independence and quality

of life;

(d) Includes the use of the least intrusive methods to respond to and

reinforce the behavior of patients; and

(e) Offers a process for designing interventions based upon the patient

that are focused on promoting appropriate changes in behavior as well as

enhancing the overall quality of life for the patient.

2. Each facility shall provide appropriate training for the members of

the staff of the facility who are authorized to carry out and monitor

physical restraint and mechanical restraint to ensure that those members

of the staff are competent and qualified to carry out the procedures in

accordance with sections 68 to 86, inclusive, of this act.

statute, a person who willfully uses aversive intervention on a person with

a disability who is a patient at a facility or, except as otherwise provided

in section 78.5 of this act, violates section 79 of this act:

(a) For a first violation that does not result in substantial bodily harm

to the person with a disability, is guilty of a gross misdemeanor.

(b) For a first violation that results in substantial bodily harm to the

person with a disability, is guilty of a category B felony.

(c) For a second or subsequent violation, is guilty of a category B

felony.

A person who is convicted of a category B felony pursuant to this section

shall be punished by imprisonment in the state prison for a minimum

term of not less than 1 year and a maximum term of not more than 6

years, or by a fine of not more than $5,000, or by both fine and

imprisonment.

2. A person who is convicted pursuant to this section is ineligible for

5 years for employment with a facility.

3. A conviction pursuant to this section is, when applicable, grounds

for disciplinary action against the person so convicted and the facility

where the violation occurred. The health division may recommend to the

appropriate agency or board the suspension or revocation of the

professional license, registration, certificate or permit of a person

68 to 86, inclusive, of this act occurs shall report the violation to the

health division not later than 24 hours after the violation occurred, or as

soon thereafter as the violation is discovered.

2. A facility where a violation occurred shall develop, in cooperation

with the health division, a corrective plan to ensure that within 30

calendar days after the violation occurred, appropriate action is taken by

the facility to prevent future violations.

3. The health division shall forward the plan to the board. The board

shall review the plan to ensure that it complies with applicable federal

law and the statutes and regulations of this state. The board may require

appropriate revision of the plan to ensure compliance.

4. If the facility where the violation occurred does not meet the

requirements of the plan to the satisfaction of the board, the board may

direct the agency that administers funding for the facility to withhold

state funding for the facility until the facility meets the requirements of

the plan.

pursuant to this chapter shall not retaliate against any person for having:

1. Reported a violation of sections 68 to 86, inclusive, of this act; or

2. Provided information regarding a violation of sections 68 to 86,

inclusive, of this act,

patient of a facility pursuant to sections 68 to 86, inclusive, of this act

must be entered in the patient’s record. Notice of the denial must be

provided to the administrator of the facility.

2. If the administrator of a facility receives notice of a denial of

rights pursuant to subsection 1, he shall cause a full report to be

prepared which must set forth in detail the factual circumstances

surrounding the denial. A copy of the report must be provided to the

health division.

3. The health division:

(a) Shall receive reports made pursuant to subsection 2;

(b) May investigate apparent violations of the rights of persons with

disabilities who are patients at facilities; and

(c) May act to resolve disputes relating to apparent violations.

1. disability is a patient at a facility, as that term is defined in section 73 of

1. this act, the facility shall inform the patient of his rights pursuant to

1. sections 68 to 86, inclusive, of this act.