Amendment No. 412

Assembly Amendment to Assembly Bill No. 141 (BDR 39-169)

Proposed by: Committee on Health and Human Services

Amendment Box: Replaces Amendment No. 96.

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by renumbering sections 1 through 3 as sections 3 through 5 and inserting new sections designated sections 1 and 2, following the enacting clause, to read as follows:

"Section NRS 433.471 is hereby amended to read as follows:

433.471 Each client 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 those services and must be otherwise brought to the attention of the client by such additional means as prescribed by regulation:

1. The right not to be admitted to the facility under false pretenses or as a result of any improper, unethical or unlawful conduct by a staff member of the facility to collect money from the insurance company of the client or for any other financial purpose.

2. The right to receive a copy, on request, of the criteria upon which the facility makes its decision to admit or discharge a client from the facility. Such criteria must not, for emergency admissions or involuntary court-ordered admissions, be based on the availability of insurance coverage or any other financial considerations.

3. As used in this section, "improper conduct" means a violation of the rules, policies or procedures of the facility.

Sec. NRS 433A.370 is hereby amended to read as follows:

433A.370 1. When a client committed by a court to a division facility on or before June 30, 1975, or a client who is judicially admitted on or after July 1, 1975, or a person who is involuntarily detained pursuant to NRS 433A.150 to 433A.300, inclusive, escapes from any division facility, or when a judicially admitted client has not returned to a division facility from [convalescent leave] conditional release after the administrative officer of the facility has ordered him to do so, any peace officer shall, upon written request of the administrative officer or his designee and without the necessity of a warrant or court order, apprehend, take into custody and deliver the person to such division facility or another state facility.

2. Any person appointed or designated by the director of the department to take into custody and transport to a division facility persons who have escaped or failed to return as described in subsection 1 may participate in the apprehension and delivery of any such person, but may not take the person into custody without a warrant.".

Amend section 1, page 1, by deleting lines 4 through 7 and inserting:

"from a public or private mental health facility [on convalescent leave] when, in the judgment of the medical director of the facility, the [convalescent status] conditional release is in the best interest of the person and will not be detrimental to the public welfare. The medical director or his designee of the facility shall prescribe the period for which the conditional release is effective. The period must not extend beyond the last day of the court-ordered period of treatment pursuant to NRS 433A.310.".

Amend section 1, page 2, by deleting lines 11 through 26 and inserting:

"5. Except as otherwise provided in subsection 7, the administrative officer of a public or private mental health facility or his designee shall order a person who is conditionally released from that facility pursuant to this section to return to the facility if a psychiatrist and a member of that person’s treatment team who is professionally qualified in the field of psychiatric mental health determine, pursuant to NRS 433A.115, that the conditional release is no longer appropriate because that person presents a clear and present danger of harm to himself or others. Except as otherwise provided in this subsection, the administrative officer or his designee shall, at least 3 days before the issuance of the order to return, give written notice of the order to the court that admitted the person to the facility. If an emergency exists in which the person presents an imminent threat of danger of harm to himself or others, the order must be submitted to the court not later than 1 business day after the order is issued.

6. The court shall review an order submitted pursuant to subsection 5 and the current condition of the person who was ordered to return to the facility at its next regularly scheduled hearing for the review of petitions for involuntary court-ordered admissions, but in no event later than 5 judicial days after the person is returned to the facility. The administrative officer or his designee shall give written notice to the person who was ordered to return to the facility and to his attorney, if known, of the time, date and place of the hearing and of the facts necessitating that person’s return to the facility.

7. The provisions of subsection 5 do not apply if the period of conditional release has expired.".

Amend sec. 2, page 2, line 33, after "[conditionally]" by inserting "unconditionally".

Amend the title of the bill to read as follows:

"AN ACT relating to mentally ill persons; clarifying certain provisions governing the rights of a client concerning admission to a mental health facility; revising the circumstances under which a mentally ill person who is involuntarily admitted to a mental health facility and is conditionally released may be required to return to the facility; revising the process by which such a person may be unconditionally released before the expiration of the statutory period for detention; and providing other matters properly relating thereto.".