Senate Bill No. 469–Committee on Human Resources
and Facilities
(On Behalf of Budget Division)
March 17, 1999
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Extends services related to mental retardation to persons with related conditions. (BDR 39-1579)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 433 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
"Persons with related conditions" means persons who have a severe,1-4
chronic disability which:1-5
1. Is attributable to:1-6
(a) Cerebral palsy or epilepsy; or1-7
(b) Any other condition, other than mental illness, which results in1-8
impairment of general intellectual functioning or adaptive behavior1-9
similar to that of a mentally retarded person and requires treatment or1-10
services similar to those required by a mentally retarded person;1-11
2. Is manifested before the person affected attains the age of 221-12
years;1-13
3. Is likely to continue indefinitely; and1-14
4. Results in substantial functional limitations in three or more of1-15
the following areas of major life activity:1-16
(a) Taking care of oneself;2-1
(b) Understanding and use of language;2-2
(c) Learning;2-3
(d) Mobility;2-4
(e) Self-direction; and2-5
(f) Capacity for independent living.2-6
Sec. 2. NRS 433.003 is hereby amended to read as follows: 433.003 The legislature hereby declares that it is the intent of this2-8
Title:2-9
1. To eliminate both the forfeiture of any civil and legal rights of any2-10
person and the imposition of any legal disability on any person, based on an2-11
allegation of mental illness or mental retardation2-12
by any method other than a separate judicial proceeding resulting in a2-13
determination of incompetency, wherein the civil and legal rights forfeited2-14
and the legal disabilities imposed are specifically stated; and2-15
2. To charge the mental hygiene and mental retardation division, and2-16
the division of child and family services, of the department with2-17
recognizing their duty to act in the best interests of their respective clients2-18
by placing them in the least restrictive environment.2-19
Sec. 3. NRS 433.005 is hereby amended to read as follows: 433.005 As used in this Title, unless the context otherwise requires, or2-21
except as otherwise defined by specific statute, the words and terms defined2-22
in NRS 433.014 to 433.224, inclusive, and section 1 of this act, have the2-23
meanings ascribed to them in those sections.2-24
Sec. 4. NRS 433.184 is hereby amended to read as follows: 433.184 "Mental retardation center" means an organized program for2-26
providing appropriate services and treatment to mentally retarded persons2-27
2-28
include facilities for residential treatment and training.2-29
Sec. 5. NRS 433.214 is hereby amended to read as follows: 433.214 "Training" means a program of services directed primarily2-31
toward enhancing the health, welfare and development of mentally retarded2-32
persons and persons with related conditions through the process of2-33
providing those experiences that will enable the individual to:2-34
1. Develop his physical, intellectual, social and emotional capacities to2-35
the fullest extent;2-36
2. Live in an environment that is conducive to personal dignity; and2-37
3. Continue development of those skills, habits and attitudes essential2-38
to adaptation in contemporary society.2-39
Sec. 6. NRS 433.233 is hereby amended to read as follows: 433.233 1. The division facilities providing mental health services2-41
are designated as:2-42
(a) Nevada mental health institute;2-43
(b) Las Vegas mental health center;3-1
(c) Henderson mental health center;3-2
(d) Reno mental health center;3-3
(e) Rural clinics; and3-4
(f) The program for mentally disordered offenders.3-5
2. The division facilities providing services for mentally retarded3-6
persons and persons with related conditions are designated as:3-7
(a) Desert developmental center; and3-8
(b) Sierra developmental center.3-9
3. Division facilities established after July 1, 1981, must be named by3-10
the administrator, subject to the approval of the director of the department.3-11
Sec. 7. NRS 433.244 is hereby amended to read as follows: 433.244 1. The administrator must:3-13
(a) Have training and demonstrated administrative qualities of3-14
leadership in any one of the professional fields of psychiatry, medicine,3-15
psychology, social work, education or administration.3-16
(b) Be appointed, from a list of three persons nominated by the3-17
commission, on the basis of merit as measured by administrative training or3-18
experience in programs relating to mental health, including care, treatment3-19
or training, or any combination thereof, of mentally ill and mentally3-20
retarded persons3-21
(c) Have additional qualifications which are in accordance with criteria3-22
prescribed by the department of personnel.3-23
2. The administrator is in the unclassified service of the state.3-24
Sec. 8. NRS 433.279 is hereby amended to read as follows: 433.279 1. The division shall carry out a vocational and educational3-26
program for the certification of mental health-mental retardation3-27
technicians, including forensic technicians:3-28
(a) Employed by the division, or other employees of the division who3-29
perform similar duties, but are classified differently.3-30
(b) Employed by the division of child and family services of the3-31
department.3-32
The program must be carried out in cooperation with the University and3-33
Community College System of Nevada.3-34
2. A mental health-mental retardation technician is responsible to the3-35
director of the service in which his duties are performed. The director of a3-36
service may be a licensed physician, dentist, podiatric physician,3-37
psychiatrist, psychologist, rehabilitation therapist, social worker, registered3-38
nurse or other professionally qualified person. This section does not3-39
authorize a mental health-mental retardation technician to perform duties3-40
which require the specialized knowledge and skill of a professionally3-41
qualified person.3-42
3. The division shall adopt regulations to carry out the provisions of3-43
this section.4-1
4. As used in this section, "mental health-mental retardation4-2
technician" means an employee of the mental hygiene and mental4-3
retardation division or the division of child and family services who, for4-4
compensation or personal profit, implements procedures and techniques4-5
which involve cause and effect and which are used in the care, treatment4-6
and rehabilitation of mentally ill, emotionally disturbed or mentally4-7
retarded persons4-8
responsibility for:4-9
(a) Administering or implementing specific therapeutic procedures,4-10
techniques or treatments, excluding medical interventions, to enable clients4-11
to make optimal use of their therapeutic regime, their social and personal4-12
resources, and their residential care; or4-13
(b) The application of interpersonal and technical skills in the4-14
observation and recognition of symptoms and reactions of clients, for the4-15
accurate recording of such symptoms and reactions, and for carrying out4-16
treatments authorized by members of the interdisciplinary team that4-17
determines the treatment of the clients.4-18
Sec. 9. NRS 433.314 is hereby amended to read as follows: 433.314 The commission shall:4-20
1. Establish policies to ensure adequate development and4-21
administration of services for the mentally ill and mentally retarded4-22
persons with related conditions, including services to prevent mental4-23
illness and mental retardation and related conditions, and services4-24
provided without admission to a facility or institution;4-25
2. Set policies for the care and treatment of mentally ill and mentally4-26
retarded persons and persons with related conditions provided by all state4-27
agencies;4-28
3. Review the programs and finances of the division; and4-29
4. Report at the beginning of each year to the governor and at the4-30
beginning of each odd-numbered year to the legislature on the quality of the4-31
care and treatment provided for mentally ill and mentally retarded persons4-32
and persons with related conditions in this state and on any progress made4-33
toward improving the quality of that care and treatment.4-34
Sec. 10. NRS 433.316 is hereby amended to read as follows: 433.316 The commission may:4-36
1. Collect and disseminate information pertaining to mental health and4-37
mental retardation4-38
2. Request legislation pertaining to mental health and mental4-39
retardation4-40
3. Investigate complaints about the care of any person in a public4-41
facility for the treatment of the mentally ill or mentally retarded4-42
persons with related conditions.5-1
4. Accept, as authorized by the legislature, gifts and grants of money5-2
and property.5-3
5. Take appropriate steps to increase the availability of and to enhance5-4
the quality of the care and treatment of the mentally ill and mentally5-5
retarded and persons with related conditions provided through state5-6
agencies, hospitals and clinics.5-7
6. Promote programs for the treatment of the mentally ill and mentally5-8
retarded and persons with related conditions and participate in and5-9
promote the development of facilities for training persons to provide5-10
services for the mentally ill and mentally retarded5-11
related conditions.5-12
7. Create a plan to coordinate the services for the treatment of the5-13
mentally ill and the mentally retarded and persons with related conditions5-14
provided in this state and to provide continuity in the care and treatment5-15
provided.5-16
8. Establish and maintain an appropriate program which provides5-17
information to the general public concerning mental illness and mental5-18
retardation and related conditions and consider ways to involve the general5-19
public in the decisions concerning the policy on mental illness and mental5-20
retardation5-21
9. Compile statistics on mental illness and study the cause, pathology5-22
and prevention of that illness.5-23
10. Establish programs to prevent or postpone the commitment of5-24
residents of this state to facilities for the treatment of the mentally ill and5-25
mentally retarded5-26
11. Evaluate the future needs of this state concerning the treatment of5-27
mental illness and mental retardation and related conditions and develop5-28
ways to improve the treatment already provided.5-29
12. Take any other action necessary to promote mental health in this5-30
state.5-31
Sec. 11. NRS 433.324 is hereby amended to read as follows: 433.324 1. The commission shall adopt regulations:5-33
(a) For the care and treatment of mentally ill and mentally retarded5-34
persons and persons with related conditions by all state agencies and5-35
facilities, and their referral to private facilities;5-36
(b) To ensure continuity in the care and treatment provided to mentally5-37
ill and mentally retarded persons and persons with related conditions in5-38
this state; and5-39
(c) Necessary for the proper and efficient operation of the facilities of5-40
the division.5-41
2. The commission may adopt regulations to promote programs5-42
relating to mental health and mental retardation6-1
Sec. 12. NRS 433.325 is hereby amended to read as follows: 433.325 The commission or its designated agent may inspect any state6-3
facility providing services for the mentally ill or mentally retarded and6-4
persons with related conditions to determine if the facility is in compliance6-5
with the provisions of this Title and any regulations adopted pursuant to6-6
those provisions.6-7
Sec. 13. NRS 433.334 is hereby amended to read as follows: 433.334 The division may, by contract with general hospitals or other6-9
institutions having adequate facilities in the State of Nevada, provide for6-10
inpatient care of mentally ill and mentally retarded clients6-11
with related conditions.6-12
Sec. 14. NRS 433.344 is hereby amended to read as follows: 433.344 The division may contract with appropriate persons6-14
professionally qualified in the field of psychiatric mental health to provide6-15
inpatient and outpatient care for mentally ill and mentally retarded persons6-16
and persons with related conditions when it appears that they can be6-17
treated best in that manner.6-18
Sec. 15. NRS 433.395 is hereby amended to read as follows: 433.395 1. Upon approval of the director of the department, the6-20
administrator may accept:6-21
(a) Donations of money and gifts of real or personal property; and6-22
(b) Grants of money from the Federal Government,6-23
for use in public or private programs that provide services to persons in this6-24
state who are mentally ill or mentally retarded6-25
conditions.6-26
2. The administrator shall disburse any donations, gifts and grants6-27
received pursuant to this section to programs that provide services to6-28
persons who are mentally ill or mentally retarded and persons with related6-29
conditions in a manner that supports the plan to coordinate services created6-30
by the commission pursuant to subsection 7 of NRS 433.316. In the6-31
absence of a plan to coordinate services, the administrator shall make6-32
disbursements to programs that will maximize the benefit provided to6-33
persons who are mentally ill or mentally retarded and persons with related6-34
conditions in consideration of the nature and value of the donation, gift or6-35
grant.6-36
3. Within limits of legislative appropriations or other available money,6-37
the administrator may enter into a contract for services related to the6-38
evaluation and recommendation of recipients for the disbursements6-39
required by this section.6-40
Sec. 16. NRS 433.404 is hereby amended to read as follows: 433.404 1. The division shall establish a fee schedule for services6-42
rendered through any program supported by the state pursuant to the6-43
provisions of chapters 433 to 436, inclusive, of NRS. The schedule must be7-1
submitted to the commission and the director of the department for joint7-2
approval before enforcement. The fees collected by facilities operated by7-3
the division pursuant to this schedule must be deposited in the state treasury7-4
to the credit of the state general fund, except as otherwise provided in NRS7-5
433.354 for fees collected pursuant to contract or agreement and in NRS7-6
435.120 for fees collected for services to mentally retarded clients7-7
clients with related conditions.7-8
2. For a facility providing services for the treatment of the mentally ill7-9
or mentally retarded7-10
established must approximate the cost of providing the service, but if a7-11
client is unable to pay in full the fee established pursuant to this section, the7-12
division may collect any amount the client is able to pay.7-13
Sec. 17. NRS 433.458 is hereby amended to read as follows: 433.458 "Administrative officer" means a person with overall7-15
executive and administrative responsibility for a facility that provides7-16
services relating to mental health or mental retardation and related7-17
conditions and that is operated by any public or private entity.7-18
Sec. 18. NRS 433.494 is hereby amended to read as follows: 433.494 1. An individualized written plan of mental health or mental7-20
retardation services or plan of services for a related condition must be7-21
developed for each client of each facility. The plan must provide for the7-22
least restrictive treatment procedure that may reasonably be expected to7-23
benefit the client.7-24
2. The plan must be kept current and must be modified when indicated.7-25
The plan must be thoroughly reviewed at least once every 3 months.7-26
3. The person in charge of implementing the plan of services must be7-27
designated in the plan.7-28
Sec. 19. NRS 433A.020 is hereby amended to read as follows: 433A.020 The administrative officer of a facility of the division must:7-30
1. Be selected on the basis of training and demonstrated administrative7-31
qualities of leadership in any one of the fields of psychiatry, medicine,7-32
psychology, social work, education or administration.7-33
2. Be appointed on the basis of merit as measured by administrative7-34
training or experience in programs relating to mental health, including care7-35
and treatment of mentally ill and mentally retarded persons7-36
with related conditions.7-37
3. Have additional qualifications which are in accordance with criteria7-38
prescribed by the department of personnel.7-39
Sec. 20. NRS 435.005 is hereby amended to read as follows: 435.005 Unless specifically excluded by law, the provisions of this7-41
chapter apply to all facilities within the division offering services to7-42
mentally retarded persons8-1
Sec. 21. NRS 435.007 is hereby amended to read as follows: 435.007 As used in this chapter, unless the context otherwise requires:8-3
1. "Child" means any person under the age of 18 years who may be8-4
eligible for mental retardation services8-5
condition.8-6
2. "Residential facility for groups" means a structure similar to a8-7
private residence which will house a small number of persons in a homelike8-8
atmosphere.8-9
3. "Parent" means the parent of a child. The term does not include the8-10
parent of a person who has attained the age of 18 years.8-11
4. "Person" includes a child and any other mentally retarded client or8-12
client with a related condition who has attained the age of 18 years.8-13
Sec. 22. NRS 435.010 is hereby amended to read as follows: 435.010 1. The boards of county commissioners of the various8-15
counties shall make provision for the support, education and care of the8-16
mentally retarded children and children with related conditions of their8-17
respective counties.8-18
2. For that purpose they are empowered to make all necessary contracts8-19
and agreements to carry out the provisions of NRS 435.010 to 435.040,8-20
inclusive. Any such contract or agreement may be made with any8-21
responsible person or facility in or without the State of Nevada.8-22
3. The provisions of NRS 435.010 to 435.040, inclusive, supplement8-23
the services which other political subdivisions or agencies of the state are8-24
required by law to provide, and do not supersede or relieve the8-25
responsibilities of such political subdivisions or agencies.8-26
Sec. 23. NRS 435.020 is hereby amended to read as follows: 435.020 All mentally retarded children and children with related8-28
conditions are entitled to benefits under NRS 435.010 to 435.040,8-29
inclusive:8-30
1. Who are unable to pay for their support and care;8-31
2. Whose parents, relatives or guardians are unable to pay for their8-32
support and care; and8-33
3. If division facilities are to be utilized, whom the division recognizes8-34
as proper subjects for services within such division facilities.8-35
Sec. 24. NRS 435.030 is hereby amended to read as follows: 435.030 1. A parent, relative, guardian or nearest friend of any8-37
mentally retarded child8-38
resident of this state, may file with the board of county commissioners of8-39
the proper county an application under oath stating:8-40
(a) That the child meets the criteria set forth in NRS 435.020; and8-41
(b) That the child requires services not otherwise required by law to be8-42
provided to him by any other county, political subdivision or agency of this8-43
or any other state.9-1
2. If the board of county commissioners is satisfied that the statements9-2
made in the application are true, the board shall issue a certificate to that9-3
effect.9-4
3. The board of county commissioners shall make necessary9-5
arrangements for the transportation of a mentally retarded child or a child9-6
with a related condition to any responsible person or facility to be utilized9-7
pursuant to contract or agreement as designated in NRS 435.010 at the9-8
expense of the county.9-9
4. A certificate of the board of county commissioners, when produced,9-10
shall be the authority of any responsible person or facility in or without the9-11
State of Nevada under contract with the board of county commissioners to9-12
receive any such mentally retarded child9-13
condition.9-14
Sec. 25. NRS 435.040 is hereby amended to read as follows: 435.040 1. In case a resident of the northern Nevada children’s home9-16
or the southern Nevada children’s home is adjudged to be mentally retarded9-17
9-18
designated in NRS 435.010 may receive the resident from the9-19
superintendent of9-20
9-21
commissioners.9-22
2. The county of the child’s residence immediately preceding9-23
admission to the children’s home9-24
transportation to the responsible person or facility and of the subsequent9-25
care.9-26
3. If the child is a dependent child committed to the northern Nevada9-27
children’s home or the southern Nevada children’s home under the9-28
provisions of NRS 423.210, the county9-29
the parent or parents, and to recover by appropriate legal action if9-30
necessary, all sums expended by the county under subsection 2 ,9-31
sum which the county may receive or recover9-32
amount which the district court has ordered9-33
pay under NRS 423.210.9-34
Sec. 26. NRS 435.060 is hereby amended to read as follows: 435.060 The division may operate a residential facility for groups to9-36
care for and maintain mentally retarded persons and persons with related9-37
conditions until they can live in a more normal situation.9-38
Sec. 27. NRS 435.077 is hereby amended to read as follows: 435.077 1. The administrator shall9-40
the transfer of mentally retarded persons and persons with related9-41
conditions from one facility to another facility operated by the division.9-42
2. Subject to the provisions of subsection 3, when the associate9-43
administrator for mental retardation determines that it is in the best interest10-1
of the person, he may discharge, or place on convalescent leave, any10-2
mentally retarded person or person with a related condition in a facility10-3
operated by the division.10-4
3. When a mentally retarded person or person with a related condition10-5
is committed to a division facility by court order, the committing court must10-6
be given 10 days’ notice before the discharge of that person.10-7
Sec. 28. NRS 435.081 is hereby amended to read as follows: 435.081 1. The administrator or his designee may receive a mentally10-9
retarded person or person with a related condition of this state for services10-10
in a facility operated by the division if:10-11
(a)10-12
is a person with a related condition and is in need of institutional training10-13
and treatment;10-14
(b) Space is available which is designed and equipped to provide10-15
appropriate care for10-16
(c) The facility has or can provide an appropriate program of training10-17
and treatment for10-18
(d) There is written evidence that no less restrictive alternative is10-19
available in his community.10-20
2. A mentally retarded person or person with a related condition may10-21
be accepted at a division facility for emergency evaluation when the10-22
evaluation is requested by a court. A person must not be retained pursuant10-23
to this subsection for more than 10 working days.10-24
3. A court may order that a mentally retarded person or person with a10-25
related condition be admitted to a division facility if it finds that admission10-26
is necessary because of the death or sudden disability of the parent or10-27
guardian of the person. The person must not be retained pursuant to this10-28
subsection for more than 45 days. Before the expiration of the 45-day10-29
period the division shall report to the court its recommendations for10-30
placement or treatment of the person. If less restrictive alternatives are not10-31
available, the person may be admitted to the facility using the procedures10-32
for voluntary or involuntary admission, as appropriate.10-33
4. A child may be received, cared for and examined at a division10-34
facility for the mentally retarded for not more than 10 working days without10-35
admission, if the examination is ordered by a court having jurisdiction of10-36
the minor in accordance with the provisions of paragraph (c) of subsection10-37
1 of NRS 62.211 and subsection 1 of NRS 432B.560. At the end of the 1010-38
days, the administrator or his designee shall report the result of the10-39
examination to the court and shall detain the child until the further order of10-40
the court, but not to exceed 7 days after the administrator’s report.10-41
5. The parent or guardian of a person believed to be mentally retarded10-42
or believed to have a related condition may apply to the administrative10-43
officer of a division facility to have the person evaluated by personnel of11-1
the division who are experienced in the diagnosis of mental retardation11-2
and related conditions. The administrative officer may accept the person11-3
for evaluation without admission.11-4
6. If, after the completion of an examination or evaluation pursuant to11-5
subsection 4 or 5, the administrative officer finds that the person meets the11-6
criteria set forth in subsection 1, the person may be admitted to the facility11-7
using the procedures for voluntary or involuntary admission, as11-8
appropriate.11-9
7. If, at any time, the parent or guardian of a person admitted to a11-10
division facility on a voluntary basis, or the person himself if he has11-11
attained the age of 18 years, requests in writing that the person be11-12
discharged, the administrative officer shall discharge the person. If the11-13
administrative officer finds that discharge from the facility is not in the11-14
person’s best interests, he may initiate proceedings for involuntary11-15
admission, but the person must be discharged pending those proceedings.11-16
Sec. 29. NRS 435.085 is hereby amended to read as follows: 435.085 The administrative officer of a division facility may authorize11-18
the transfer of a mentally retarded person or person with a related11-19
condition to a general hospital for necessary diagnostic, medical or surgical11-20
services not available within the division. All expenses incurred under this11-21
section11-22
1. In the case of a judicially committed mentally retarded person11-23
11-24
be paid by his parents or guardian to the extent of their reasonable financial11-25
ability as determined by the administrator, and the remainder, if any,11-26
11-27
retarded11-28
condition;11-29
2. In the case of a mentally retarded person or person with a related11-30
condition admitted to a division facility pursuant to NRS 435.010, 435.02011-31
and 435.030,11-32
county from which a certificate was issued pursuant to subsection 2 of NRS11-33
435.030; and11-34
3. In the case of a mentally retarded person or person with a related11-35
condition admitted to a division facility upon voluntary application as11-36
provided in NRS 435.081,11-37
by the parents or guardian to the extent of their reasonable financial ability11-38
as determined by the administrator, and for the remainder, if any, the11-39
administrator shall explore all reasonable alternative sources of payment.11-40
Sec. 30. NRS 435.090 is hereby amended to read as follows: 435.090 1. When any mentally retarded child or child with a related11-42
condition is committed to a division facility by a court of competent11-43
jurisdiction, the court shall examine the parent, parents or guardian of12-1
12-2
guardian or the estate of the child to contribute to the care, support and12-3
maintenance of12-4
2. If the court determines that the parent, parents or guardian of the12-5
child is able to contribute, it shall enter an order prescribing the amount to12-6
be contributed.12-7
3. If the court determines that the estate of the child is able to12-8
contribute, it shall enter an order requiring that a guardian of the estate of12-9
the child be appointed, if there is none, and that the guardian of the estate12-10
contribute the amount prescribed by the court from12-11
4. If the parent, parents or guardian fail or refuse to comply with the12-12
order of the court, the division is entitled to recover from the parent,12-13
parents or guardian, by appropriate legal action, all sums due together with12-14
interest.12-15
Sec. 31. NRS 435.100 is hereby amended to read as follows: 435.100 1. When any mentally retarded person or person with a12-17
related condition is transferred from one care facility operated by the12-18
division to another care facility operated by the division, the parent, parents12-19
or guardian shall continue to contribute12-20
support and maintenance of12-21
ordered by the court of competent jurisdiction committing12-22
person.12-23
2. If no such order was entered by the committing court, the division12-24
may petition12-25
guardian to contribute.12-26
3. Any order for contribution entered under the provisions of12-27
subsection 212-28
same effect as an order for contribution entered under the provisions of12-29
NRS 435.090.12-30
Sec. 32. NRS 435.110 is hereby amended to read as follows: 435.110 1. When any mentally retarded child or child with a related12-32
condition is admitted to a facility operated by the division at the request of12-33
a parent, parents or guardian,12-34
enter into an agreement with the division providing for the contribution of12-35
an amount for the care, support and maintenance of12-36
determined by the division to be reasonable. In determining the amount, the12-37
division shall give consideration to the ability of the parent, parents or12-38
guardian to make such a contribution, and may excuse the making of any12-39
contribution.12-40
2. If the parent, parents or guardian fail or refuse to perform under the12-41
terms of the agreement, the division is entitled to recover from the parent,12-42
parents or guardian, by appropriate legal action, all sums due together with12-43
interest.13-1
3. If the division determines that the parent, parents or guardian do not13-2
have the ability to contribute an amount sufficient to pay for the care,13-3
support and maintenance of13-4
the child is able to contribute, the division may make application to a court13-5
of competent jurisdiction for the appointment of a guardian of the estate of13-6
13-7
guardian to contribute an amount as determined by the court.13-8
Sec. 33. NRS 435.115 is hereby amended to read as follows: 435.115 The administrator shall establish a fee schedule, in13-10
consultation with the state association for retarded citizens and subject to13-11
the approval of the board and the director of the department, for services13-12
rendered to the mentally retarded and to persons with related conditions13-13
by the division.13-14
Sec. 34. NRS 435.121 is hereby amended to read as follows: 435.121 1. There are two types of admissions of mentally retarded13-16
persons or persons with related conditions to a mental retardation center:13-17
(a) Voluntary admission.13-18
(b) Involuntary admission.13-19
2. An application for admission of a mentally retarded person or13-20
person with a related condition to a mental retardation center must be13-21
made on a form approved by the division and the attorney general. The13-22
clerk of each district court in the state shall make the forms available to any13-23
person upon request.13-24
Sec. 35. NRS 435.122 is hereby amended to read as follows: 435.122 1. Any mentally retarded person or person with a related13-26
condition may apply to any mental retardation center for admission as a13-27
voluntary client. His parent or guardian or another responsible person may13-28
submit the application on his behalf.13-29
2. If the person or a responsible party on behalf of the person objects to13-30
voluntary admission, the procedure for involuntary admission may be13-31
followed.13-32
Sec. 36. NRS 435.123 is hereby amended to read as follows: 435.123 Whenever a person is alleged to be mentally retarded or to13-34
have a related condition and is alleged to be a clear and present danger to13-35
himself or others, his parent or guardian or another responsible person may13-36
initiate proceedings for his involuntary admission to a mental retardation13-37
center by petitioning the district court of the county where the person13-38
resides. The petition must be accompanied by a certificate signed by a13-39
physician or licensed psychologist experienced in the diagnosis of mental13-40
retardation and related conditions stating that he has examined the person13-41
within the preceding 30 days and has concluded that the person is mentally13-42
retarded14-1
he is a clear and present danger to himself or others and is in need of14-2
institutional training and treatment.14-3
Sec. 37. NRS 435.125 is hereby amended to read as follows: 435.125 1. After the petition is filed , the court may cause a14-5
physician or licensed psychologist promptly to examine the person who is14-6
the subject of the petition or request an evaluation from the mental14-7
retardation center to which it is proposed the person be admitted. Any14-8
physician or licensed psychologist requested by the court to conduct such14-9
an examination must be experienced in the diagnosis of mental retardation14-10
14-11
whether the person is or is not mentally retarded or a person with a related14-12
condition and whether he is or is not in need of institutional training and14-13
treatment.14-14
2. The court may allow the person alleged to be mentally retarded or to14-15
have a related condition to remain at his place of residence pending any14-16
ordered examination and to return upon completion of the examination.14-17
One or more of the person’s relatives or friends may accompany him to the14-18
place of examination.14-19
Sec. 38. NRS 435.126 is hereby amended to read as follows: 435.126 1. The person alleged to be mentally retarded14-21
a related condition, or any relative or friend acting on his behalf, is entitled14-22
to retain counsel to represent him in any proceeding before the district14-23
court relating to his involuntary admission to a mental retardation center.14-24
2. If14-25
shall advise the person and his guardian, or closest living relative if such a14-26
relative can be located, of the person’s right to have counsel.14-27
3. If the person fails or refuses to secure counsel, the court shall14-28
appoint counsel to represent him. If the person is indigent, the counsel14-29
appointed may be the public defender.14-30
4. Any counsel appointed by the court is entitled to fair and reasonable14-31
compensation for his services. The compensation must be charged against14-32
the property of the person for whom he was appointed. If the person is14-33
indigent, the compensation must be charged against the county in which the14-34
person alleged to be mentally retarded or to have a related condition last14-35
resided.14-36
Sec. 39. NRS 435.128 is hereby amended to read as follows: 435.128 1. Upon completion of the proceedings for involuntary14-38
admission of a person to a mental retardation center, if the court finds:14-39
(a) That the person is mentally retarded14-40
has demonstrated that he is a clear and present danger to himself or others14-41
and is in need of institutional training and treatment;14-42
(b) That appropriate space and programs are available at the mental14-43
retardation center to which it is proposed that the person be admitted; and15-1
(c) That there is no less restrictive alternative to admission to a mental15-2
retardation center which would be consistent with the best interests of the15-3
person,15-4
the court shall by written order certify that the person is eligible for15-5
involuntary admission to a mental retardation center.15-6
2. A certificate of eligibility for involuntary admission expires 1215-7
months after the date of issuance if the client has not been discharged15-8
earlier by the procedure provided in NRS 435.129. At the end of the 12-15-9
month period, the administrative officer of the mental retardation center15-10
may petition the court to renew the certificate for an additional period of15-11
not more than 12 months. Each petition for renewal must set forth the15-12
specific reasons why further treatment is required. A certificate may be15-13
renewed more than once.15-14
Sec. 40. NRS 435.130 is hereby amended to read as follows: 435.130 The intent of the legislature in the enactment of NRS 435.13015-16
to 435.320, inclusive, is to aid mentally or functionally retarded persons15-17
and persons with related conditions who are not served by existing15-18
programs to receive high quality care and training in an effort to help them15-19
become useful citizens.15-20
Sec. 41. NRS 435.180 is hereby amended to read as follows: 435.180 "Enrollee" means any person enrolled in a center for care and15-22
training because of mental or functional retardation15-23
condition.15-24
Sec. 42. NRS 435.230 is hereby amended to read as follows: 435.23015-26
435.130 to 435.320, inclusive, a center must:15-27
1. File an application with the division for a certificate of qualification,15-28
which must include:15-29
(a) The name and address of the center.15-30
(b) The names, addresses and qualifications of the administrative15-31
personnel of the center.15-32
(c) An outline of the educational, occupational and therapeutic program15-33
to be offered.15-34
(d) The number of persons enrolled or expected.15-35
(e) An affidavit that the center is nonsectarian and a nonprofit15-36
organization under the Internal Revenue Code of 1954 as amended ,15-37
U.S.C. § 501(c)(3) .15-38
(f) The number and qualifications of the staff.15-39
(g) A complete and detailed proposed financial statement for the15-40
operations for the coming year.15-41
(h) Any other information which the division may require.16-1
2. Each year after the original application is made under subsection 1,16-2
file an application for renewal of the certificate of qualification, which must16-3
contain:16-4
(a) The information required by subsection 1.16-5
(b) The total number of members of the staff, persons enrolled, and days16-6
of care and training that the center provided during the previous year.16-7
(c) The number enrolled and days of care and training that the center16-8
provided during the previous year to those enrolled who qualify for aid16-9
under the terms of NRS 435.130 to 435.320, inclusive, and the standards16-10
established by the division.16-11
(d) A financial statement clearly showing all income received by the16-12
center during the previous year and the sources thereof.16-13
(e) Any other information that the division may require.16-14
3. Be inspected by a member or authorized agent of the division to16-15
determine whether the center’s facilities are proper and adequate.16-16
4. Keep accurate records of daily attendance and establish uniform16-17
financial statements and bookkeeping procedures as prescribed by the16-18
division.16-19
5. Maintain standards not inconsistent with those required by NRS16-20
435.130 to 435.320, inclusive, or established by the division to qualify for16-21
money from other sources, such as United Fund and United States16-22
Government programs.16-23
6. Before certifying an applicant for enrollment as mentally retarded16-24
or a person with a related condition, require:16-25
(a) A documentary history of retarded overall functioning16-26
related condition; and16-27
(b) Substantiation, through evaluation by a qualified diagnostic team.16-28
7. Meet all other standards set by the division.16-29
Sec. 43. NRS 435.340 is hereby amended to read as follows: 435.340 Neither voluntary admission nor judicial commitment nor any16-31
other procedure provided in this chapter16-32
depriving a mentally retarded person or person with a related condition of16-33
his full civil and legal rights by any method other than a separate judicial16-34
proceeding resulting in a determination of incompetency wherein the civil16-35
and legal rights forfeited and the legal disabilities imposed are specifically16-36
stated.16-37
Sec. 44. NRS 435.350 is hereby amended to read as follows: 435.350 1. Each mentally retarded person or person with a related16-39
condition admitted to a division facility is entitled to all rights enumerated16-40
in NRS 433.482 and 433.484.16-41
2. The administrator shall designate a person or persons to be16-42
responsible for establishment of regulations relating to denial of rights of17-1
mentally retarded persons17-2
person designated shall file the regulations with the administrator.17-3
3. Clients’ rights specified in NRS 433.482 and 433.484 may be denied17-4
only for cause. Any denial of such rights must be entered in the client’s17-5
treatment record, and notice of17-6
administrator’s designee or designees as provided in subsection 2. Failure17-7
to report denial of rights by an employee may be grounds for dismissal.17-8
4. Upon receipt of notice of a denial of rights as provided in subsection17-9
3, the administrator’s designee or designees shall cause a full report to be17-10
prepared which sets forth in detail the factual circumstances surrounding17-11
17-12
the commission.17-13
5. The commission has such powers and duties with respect to reports17-14
of denial of rights as are enumerated in subsection 3 of NRS 433.534.17-15
Sec. 45. NRS 435.360 is hereby amended to read as follows: 435.360 1. The relatives of a mentally retarded client or client with a17-17
related condition who is 18 years of age or older are not responsible for the17-18
costs of his care and treatment within a division facility.17-19
2. The client or his estate, when able, may be required to contribute a17-20
reasonable amount toward the costs of his care and treatment. Otherwise,17-21
the full costs of17-22
Sec. 46. NRS 435.365 is hereby amended to read as follows: 435.365 1. Whenever a person with mental retardation or a related17-24
condition is cared for by a parent or other relative with whom he lives, that17-25
parent or relative is eligible to receive assistance on a monthly basis from17-26
the division for each such person who lives and is cared for in the home if17-27
the division finds that:17-28
(a) The person with mental retardation or a related condition has been17-29
diagnosed as having profound or severe mental retardation or, if he is under17-30
6 years of age, has developmental delays that require support that is17-31
equivalent to the support required by a person with profound or severe17-32
mental retardation17-33
(b) The person with mental retardation or a related condition is17-34
receiving adequate care; and17-35
(c) The person with mental retardation or a related condition and the17-36
parent or other relative with whom he lives is not reasonably able to pay for17-37
his care and support.17-38
The amount of17-39
appropriation for each fiscal year.17-40
2. The division shall adopt regulations:17-41
(a) Which establish a procedure of application for assistance;17-42
(b) For determining the eligibility of an applicant pursuant to subsection17-43
1; and18-1
(c) For determining the amount of assistance to be provided to an18-2
eligible applicant.18-3
3. The decision of the division regarding eligibility for assistance or the18-4
amount of assistance to be provided is a final administrative decision.18-5
Sec. 47. NRS 435.370 is hereby amended to read as follows: 435.370 The division may make such rules and regulations and enter18-7
such agreements with public and private agencies as are deemed necessary18-8
to implement residential placement-foster family care programs for18-9
mentally retarded persons18-10
Sec. 48. NRS 435.390 is hereby amended to read as follows: 435.390 1. The administrative officer of any division facility where18-12
mentally retarded persons or persons with related conditions reside may18-13
establish a canteen operated for the benefit of clients and employees of the18-14
facility. The administrative officer shall keep a record of transactions in the18-15
operation of the canteen.18-16
2. Each canteen must be self-supporting. No money provided by the18-17
state may be used for its operation.18-18
3. The respective administrative officers shall deposit the money used18-19
for the operation of the canteen in one or more banks of reputable standing,18-20
except that an appropriate sum may be maintained as petty cash at each18-21
canteen.18-22
Sec. 49. NRS 436.110 is hereby amended to read as follows: 436.110 The legislature declares that the purposes of this chapter are:18-24
1. To encourage and provide financial assistance to counties in the18-25
establishment and development of mental health services, including18-26
services to the mentally retarded18-27
through locally controlled community mental health programs.18-28
2. To promote the improvement and, if necessary, the expansion of18-29
already existing services which help to conserve the mental health of the18-30
people of Nevada. It is the intent of this chapter that services to individuals18-31
18-32
Sec. 50. NRS 436.150 is hereby amended to read as follows: 436.150 The county board shall:18-34
1. Review and evaluate communities’ needs, services, facilities and18-35
special problems in the fields of mental health and mental retardation18-36
and related conditions.18-37
2. Advise the governing body as to programs of community mental18-38
health services and facilities and services to the mentally retarded18-39
persons with related conditions, and, when requested by18-40
governing body, make recommendation regarding the appointment of a18-41
county director.18-42
3. After adoption of a program, continue to act in an advisory capacity18-43
to the county director.19-1
Sec. 51. NRS 436.170 is hereby amended to read as follows: 436.170 The county director shall:19-3
1. Serve as chief executive officer of the county program and be19-4
accountable to the county board.19-5
2. Exercise administrative responsibility and authority over the county19-6
program and facilities furnished, operated or supported in connection19-7
therewith, and over services to the mentally retarded19-8
related conditions, except as administrative responsibility is otherwise19-9
provided for in this Title.19-10
3. Recommend to the governing body, after consultation with the19-11
county board, the providing of services, establishment of facilities,19-12
contracting for services or facilities and other matters necessary or19-13
desirable to accomplish the purposes of this chapter.19-14
4. Submit an annual report to the governing body reporting all19-15
activities of the program, including a financial accounting of expenditures19-16
and a forecast of anticipated needs for the ensuing year.19-17
5. Carry on such studies as may be appropriate for the discharge of his19-18
duties, including the control and prevention of psychiatric disorders and the19-19
treatment of mental retardation19-20
Sec. 52. NRS 436.230 is hereby amended to read as follows: 436.230 Expenditures made by counties for county programs,19-22
including services to the mentally retarded19-23
conditions, pursuant to this chapter,19-24
pursuant to NRS 436.240 to 436.320, inclusive.19-25
Sec. 53. NRS 436.240 is hereby amended to read as follows: 436.240 1. A service operated within a county program19-27
be directed to at least one of the following mental health areas:19-28
(a) Mental illness;19-29
(b) Mental retardation19-30
(c) Organic brain and other neurological impairment;19-31
(d) Alcoholism; and19-32
(e) Drug abuse.19-33
2. A service is any of the following:19-34
(a) Diagnostic service;19-35
(b) Emergency service;19-36
(c) Inpatient service;19-37
(d) Outpatient or partial hospitalization service;19-38
(e) Residential, sheltered or protective care service;19-39
(f) Habilitation or rehabilitation service;19-40
(g) Prevention, consultation, collaboration, education or information19-41
service; and19-42
(h) Any other service approved by the division.20-1
Sec. 54. NRS 436.270 is hereby amended to read as follows: 436.270 1.20-3
appropriation for purposes of reimbursement as provided by NRS 436.23020-4
to 436.260, inclusive,20-5
follows:20-6
(a) The state shall pay to each county a sum equal to 90 percent of the20-7
total proposed expenditures as reflected by the plan of proposed20-8
expenditures submitted pursuant to NRS 436.250 if the county has20-9
complied with the provisions of paragraph (b).20-10
(b)20-11
of a county must submit evidence to the administrator that 10 percent of the20-12
total proposed expenditures have been raised and budgeted by the county20-13
for the establishment or maintenance of a county program.20-14
2. All state and federal moneys appropriated or authorized for the20-15
promotion of mental health or for services to the mentally retarded and20-16
persons with related conditions in the State of Nevada20-17
disbursed through the division in accordance with the provisions of this20-18
chapter and rules and regulations20-19
therewith.20-20
Sec. 55. NRS 436.310 is hereby amended to read as follows: 436.310 Fees for mental health services, including services to the20-22
mentally retarded20-23
pursuant to an approved county plan20-24
with ability to pay, but not in excess of actual cost.20-25
Sec. 56. This act becomes effective upon passage and approval.~