Assembly Bill No. 636–Committee on Health and Human Services

 

March 26, 2001

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Referred to Committee on Health and Human Services

 

SUMMARY—Makes various changes to provisions governing admission of allegedly mentally ill person to mental health facility. (BDR 39‑1077)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: Contains Appropriation not included in Executive Budget.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to mental health; authorizing an ambulance service to transport an allegedly mentally ill person to a mental health facility at the request of the proper authority; authorizing an advanced practitioner of nursing to conduct the medical examination required for the emergency admission of an allegedly mentally ill person to a mental health facility; making an appropriation; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 433A.160 is hereby amended to read as follows:

1-2    433A.160  1.  Application for an emergency admission of an allegedly

1-3  mentally ill person for evaluation and observation may only be made by an

1-4  accredited agent of the department, an officer authorized to make arrests in

1-5  the State of Nevada or a physician, psychologist, marriage and family

1-6  therapist, social worker or registered nurse. The agent, officer, physician,

1-7  psychologist, marriage and family therapist, social worker or registered

1-8  nurse may take an allegedly mentally ill person into custody without a

1-9  warrant to apply for emergency admission for evaluation, observation and

1-10  treatment under NRS 433A.150 and may [transport] :

1-11    (a) Transport the person ; or [arrange the transportation for him with a]

1-12    (b) Arrange for the person to be transported by:

1-13      (1) A local law enforcement agency ; or

1-14      (2) An ambulance service that holds a permit issued pursuant to the

1-15  provisions of chapter 450B of NRS,

1-16  to a public or private mental health facility for that purpose.

1-17    2.  The application must reveal the circumstances under which the

1-18  person was taken into custody and the reasons therefor.

2-1    3.  [For the purposes of] As used in subsection 1, “an accredited agent

2-2  of the department” means any person appointed or designated by the

2-3  director of the department to take into custody and transport to a mental

2-4  health facility pursuant to subsections 1 and 2 those persons in need of

2-5  emergency admission.

2-6    4.  Any person who has reason to believe that another person is

2-7  mentally ill may apply to the district attorney of the county where the

2-8  allegedly mentally ill person is found, and the district attorney may, if

2-9  satisfied that as a result of mental illness the person is likely to harm

2-10  himself or others:

2-11    (a) Issue an order to any peace officer for the immediate apprehension

2-12  of the person and his transportation to a public or private mental health

2-13  facility; and

2-14    (b) [Make application] Apply for the admission of the person under the

2-15  emergency admission provisions of NRS 433A.150.

2-16    5.  Except as otherwise provided in this subsection, each person

2-17  admitted to a public or private mental health facility or hospital under an

2-18  emergency admission must be evaluated at the time of admission by a

2-19  psychiatrist or a psychologist. If a psychiatrist or a psychologist is not

2-20  available to conduct an evaluation at the time of admission, a physician

2-21  may conduct the evaluation. Each such emergency admission must be

2-22  approved by a psychiatrist.

2-23    Sec. 2.  NRS 433A.165 is hereby amended to read as follows:

2-24    433A.165  1.  Before an allegedly mentally ill person may be

2-25  transported to a public or private mental health facility pursuant to NRS

2-26  433A.160, he must:

2-27    (a) First be examined by a licensed physician or an advanced

2-28  practitioner of nursing to determine whether the person has a medical

2-29  problem, other than a psychiatric problem, which requires immediate

2-30  treatment; and

2-31    (b) If such treatment is required, be admitted to a hospital for the

2-32  appropriate medical care.

2-33    2.  Any determination made by an advanced practitioner of nursing

2-34  regarding the medical condition of an allegedly mentally ill person must

2-35  be approved by a licensed physician.

2-36    3.  The cost of the examination must be paid by the county in which the

2-37  allegedly mentally ill person resides if services are provided at a county

2-38  hospital located in that county or a hospital designated by that county,

2-39  unless the cost is voluntarily paid by the allegedly mentally ill person or on

2-40  his behalf, by his insurer or by a state or federal program of medical

2-41  assistance.

2-42    [3.] 4.  The county may recover all or any part of the expenses paid by

2-43  it, in a civil action against:

2-44    (a) The person whose expenses were paid;

2-45    (b) The estate of that person; or

2-46    (c) A responsible relative as prescribed in NRS 433A.610, to the extent

2-47  that financial ability is found to exist.

3-1    [4.] 5.  The cost of treatment, including hospitalization, for an indigent

3-2  must be paid pursuant to NRS 428.010 by the county in which the

3-3  allegedly mentally ill person resides.

3-4    Sec. 3.  NRS 433A.330 is hereby amended to read as follows:

3-5    433A.330  1.  When any involuntary court admission is ordered under

3-6  the provisions of this chapter, the involuntarily admitted person, together

3-7  with the court orders and certificates of the physicians, certified

3-8  psychologists or evaluation team and a full and complete transcript of the

3-9  notes of the official reporter made at the examination of such person before

3-10  the court, [shall] must be delivered to the sheriff of the county who shall

3-11  [convey] :

3-12    (a) Transport the person ; or

3-13    (b) Arrange for the person to be transported by an ambulance service

3-14  that holds a permit issued pursuant to the provisions of chapter 450B of

3-15  NRS,

3-16  to the appropriate public or private mental health facility.

3-17    2.  No mentally ill person may be [conveyed] transported to the mental

3-18  health facility without at least one attendant of the same sex or a relative in

3-19  the first degree of consanguinity or affinity being in attendance.

3-20    Sec. 4.  1.  There is hereby appropriated from the state general fund

3-21  to the division of mental health and developmental services of the

3-22  department of human resources to conduct medical examinations of

3-23  allegedly mentally ill persons for emergency admission to facilities

3-24  operated by the division:

3-25    For the fiscal year 2001-2002   $1,000,000

3-26    For the fiscal year 2002-2003   $1,000,000

3-27    2.  Any balance of the sums appropriated by subsection 1 remaining at

3-28  the end of the respective fiscal years must not be committed for

3-29  expenditure after June 30 of the respective fiscal years and reverts to the

3-30  state general fund as soon as all payments of money committed have been

3-31  made.

3-32    Sec. 5.  1.  This section and section 4 of this act become effective

3-33  upon passage and approval.

3-34    2.  Sections 1, 2 and 3 of this act become effective on October 1, 2001.

 

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