(REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

March 26, 2001

____________

 

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 certain persons to transport an allegedly mentally ill person to a mental health facility at the request of the proper authority; authorizing a physician’s assistant or 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; 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 ;

1-14      (2) A system for the nonemergency medical transportation of

1-15  persons whose operation is authorized by the transportation services

1-16  authority; or

1-17      (3) If medically necessary, an ambulance service that holds a

1-18  permit issued pursuant to the provisions of chapter 450B of NRS,

1-19  to a public or private mental health facility for that purpose.

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

2-2  person was taken into custody and the reasons therefor.

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

2-4  of the department” means any person appointed or designated by the

2-5  director of the department to take into custody and transport to a mental

2-6  health facility pursuant to subsections 1 and 2 those persons in need of

2-7  emergency admission.

2-8    4.  Any person who has reason to believe that another person is

2-9  mentally ill may apply to the district attorney of the county where the

2-10  allegedly mentally ill person is found, and the district attorney may, if

2-11  satisfied that as a result of mental illness the person is likely to harm

2-12  himself or others:

2-13  (a) Issue an order to any peace officer for the immediate apprehension

2-14  of the person and his transportation to a public or private mental health

2-15  facility; and

2-16  (b) [Make application] Apply for the admission of the person under the

2-17  emergency admission provisions of NRS 433A.150.

2-18  5.  Except as otherwise provided in this subsection, each person

2-19  admitted to a public or private mental health facility or hospital under an

2-20  emergency admission must be evaluated at the time of admission by a

2-21  psychiatrist or a psychologist. If a psychiatrist or a psychologist is not

2-22  available to conduct an evaluation at the time of admission, a physician

2-23  may conduct the evaluation. Each such emergency admission must be

2-24  approved by a psychiatrist.

2-25  Sec. 2.  NRS 433A.165 is hereby amended to read as follows:

2-26  433A.165  1.  Before an allegedly mentally ill person may be

2-27  transported to a public or private mental health facility pursuant to NRS

2-28  433A.160, he must:

2-29  (a) First be examined by a licensed physician or physician’s assistant

2-30  or an advanced practitioner of nursing to determine whether the person

2-31  has a medical problem, other than a psychiatric problem, which requires

2-32  immediate treatment; and

2-33  (b) If such treatment is required, be admitted to a hospital for the

2-34  appropriate medical care.

2-35  2.  The cost of the examination must be paid by the county in which the

2-36  allegedly mentally ill person resides if services are provided at a county

2-37  hospital located in that county or a hospital designated by that county,

2-38  unless the cost is voluntarily paid by the allegedly mentally ill person or on

2-39  his behalf, by his insurer or by a state or federal program of medical

2-40  assistance.

2-41  3.  The county may recover all or any part of the expenses paid by it, in

2-42  a civil action against:

2-43  (a) The person whose expenses were paid;

2-44  (b) The estate of that person; or

2-45  (c) A responsible relative as prescribed in NRS 433A.610, to the extent

2-46  that financial ability is found to exist.

2-47  4.  The cost of treatment, including hospitalization, for an indigent

2-48  must be paid pursuant to NRS 428.010 by the county in which the

2-49  allegedly mentally ill person resides.

3-1    Sec. 3.  NRS 433A.330 is hereby amended to read as follows:

3-2    433A.330  1.  When any involuntary court admission is ordered under

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

3-4  with the court orders and certificates of the physicians, certified

3-5  psychologists or evaluation team and a full and complete transcript of the

3-6  notes of the official reporter made at the examination of such person before

3-7  the court, [shall] must be delivered to the sheriff of the county who shall

3-8  [convey] :

3-9    (a) Transport the person ; or

3-10  (b) Arrange for the person to be transported by:

3-11      (1) A system for the nonemergency medical transportation of

3-12  persons whose operation is authorized by the transportation services

3-13  authority; or

3-14      (2) If medically necessary, an ambulance service that holds a

3-15  permit issued pursuant to the provisions of chapter 450B of 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  H