2001 REGULAR SESSION (71st) A AB550 507
Adoption of this amendment will MAINTAIN an unfunded mandate not requested by the affected local government to AB550 (§ 1).
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 section 1, page 1, by deleting lines 6 through 16 and inserting:
“medication.
2. A medication may be administered to a client despite his refusal if an emergency exists in which immediate intervention is necessary to:
(a) Protect the client from inflicting serious harm to himself; or
(b) Prevent the client from inflicting serious harm to other persons.
3. A psychotropic medication may be administered to a client despite his refusal pursuant to a court order, issued after a full and fair adversarial”.
Amend section 1, page 2, line 1, by deleting “(1)” and inserting “(a)”.
Amend section 1, page 2, by deleting line 3 and inserting:
“(b) Treatment by psychotropic medication is necessary to prevent a”.
Amend section 1, page 2, line 7, by deleting “(3)” and inserting “(c)”.
Amend section 1, page 2, by deleting line 8, and inserting:
“(d) The need of the client for treatment by psychotropic medication”.
Amend section 1, page 2, line 11, by deleting “3.” and inserting “4.”.
Amend section 1, page 2, by deleting line 12 and inserting:
“to subsection 3.
5. As used in this section, “emergency” has the meaning ascribed to it in NRS 433.5466.”.
Amend the bill as a whole by deleting section 3 and renumbering sections 4 and 5 as sections 3 and 4.
Amend the bill as a whole by deleting sections 6 through 11 and renumbering sections 12 through 14 as sections 5 through 7.
Amend sec. 12, page 5, by deleting lines 35 through 41 and inserting:
“mental health facility or hospital under subsection 1 must [not be detained in excess of] be released within 72 hours, including [Saturdays and Sundays,] weekends and holidays, from the time of his admission unless within that period a written petition for an involuntary court-ordered admission [has been] is filed with the clerk of the district court pursuant to NRS 433A.200 [.] or the status of the person is changed to a voluntary admission.”.
Amend sec. 13, page 6, line 2, by deleting “An” and inserting:
“Except as otherwise provided in subsection 2, an”.
Amend sec. 13, page 6, line 24, by deleting “magistrate” and inserting “district court”.
Amend sec. 13, page 6, by deleting lines 31 through 33 and inserting:
“The district court may issue such an order only if it is satisfied that”.
Amend sec. 13, page 6, line 37, after “2.” by inserting:
“An application for the emergency admission of an allegedly mentally ill person for evaluation, observation and treatment may be made by a spouse, parent, adult child or legal guardian of the person. The spouse, parent, adult child or legal guardian may:
(a) Apply to a district court for an order described in paragraph (b) of subsection 1; or
(b) Apply to the district attorney of the county where the allegedly mentally ill person is found to have the district attorney apply for an order described in paragraph (b) of subsection 1. A district attorney who receives an application pursuant to this paragraph shall inform the applicant of the provisions of NRS 433A.750 and review the application to determine whether in his opinion there is probable cause to believe that the allegedly mentally ill person is a mentally ill person and, because of that illness, is likely to harm himself or others if allowed his liberty. If the district attorney determines that such probable cause exists, he may, in his discretion, apply to a district court for an order described in paragraph (b) of subsection 1.
3.”.
Amend sec. 13, page 6, line 41, by deleting “3.” and inserting “[3.] 4.”.
Amend sec. 13, page 6, line 44, by deleting “2” and inserting “ [2] 3”.
Amend sec. 13, page 6, by deleting line 46 and inserting:
“[4. Any person who has reason to believe that another person is”.
Amend sec. 13, page 7, by deleting lines 7 and 8 and inserting:
“emergency admission provisions of NRS 433A.150.]
5. Except as otherwise provided in this subsection, each person”.
Amend the bill as a whole by deleting sec. 15 and renumbering sections 16 through 23 as sections 8 through 15.
Amend sec. 17, page 8, by deleting lines 29 through 32 and inserting:
“pursuant to NRS 433A.160 [with respect to the person detained;] ; and
2. A petition executed by a psychiatrist, licensed psychologist or physician [certifying that he] , including, without limitation, a sworn statement that:
(a) He has examined the person alleged to be mentally ill [and has concluded that as a result of mental illness the person is likely to”.
Amend sec. 17, page 8, by deleting lines 37 through 39 and inserting:
“filing of the petition.] ;
(b) In his opinion, there is a reasonable degree of certainty that the person alleged to be mentally ill suffers from a mental illness;
(c) Based on his personal observation of the person alleged to be mentally ill and other facts set forth in the petition, the person poses a risk of imminent harm to himself or others; and
(d) In his opinion, involuntary admission of the person alleged to be mentally ill to a mental health facility or hospital is medically necessary to prevent the person from harming himself or others.”.
Amend sec. 18, page 8, line 42, by deleting:
“, [or 433A.210,]” and inserting “or 433A.210,”.
Amend sec. 18, pages 8 and 9, by deleting lines 44 through 48 on page 8 and lines 1 through 12 on page 9, and inserting:
“time, date and place for its hearing. The date must be [:
(a) Within 14 calendar days after the date on which the petition is received by the clerk;
(b) If at the time the petition is received by the clerk the subject of the petition was admitted to a hospital or public or private mental health facility pursuant to NRS 433A.160, within 5 judicial days after the date on which the petition is received by the clerk; or
(c) If the district attorney filed a petition for the emergency admission of the subject of the petition,] within 5 judicial days after the date on which the petition is received by the clerk.”.
Amend sec. 19, page 9, line 25, by deleting:
“, [or 433A.210,]” and inserting “or 433A.210,”.
Amend sec. 19, page 9, by deleting lines 34 through 41 and inserting:
“facility or hospital where he may be detained until a hearing is had upon the petition.
3. [Unless] If the person is [admitted] not being detained under an emergency”.
Amend sec. 19, page 10, by deleting lines 1 through 13 and inserting:
“4. Except as otherwise provided in this subsection, each physician and licensed psychologist who examines a person pursuant to subsection 1 shall, not later than 48 hours before the hearing set pursuant to NRS 433A.220, submit to the court in writing a summary of his findings and evaluation regarding the person alleged to be mentally ill. If the person alleged to be mentally ill is admitted under an emergency admission pursuant to NRS 433A.145 or 433A.150, the written findings and evaluation must be submitted to the court not later than 24 hours before the hearing set pursuant to [paragraph (b) of] subsection 1 of NRS 433A.220.”
Amend sec. 20, page 10, by deleting lines 16 through 20 and inserting:
“friend on his behalf is entitled to retain counsel to represent him in any proceeding before the district court relating to involuntary court-ordered admission, and if he fails or refuses to obtain counsel, the court shall advise him and”.
Amend sec. 20, page 10, by deleting lines 24 and 25 and inserting:
“awarded compensation by the court for his services in an amount determined by it to be fair and”.
Amend sec. 20, page 10, by deleting lines 30 through 34 and inserting:
“3. The court shall, at the request of [any counsel,] counsel representing the allegedly mentally ill person in proceedings before the court relating to involuntary court-ordered admission, grant a recess in the proceedings for the shortest time possible, but for not more than 5 days , to give the counsel an opportunity to prepare his case.”.
Amend sec. 20, page 10, lines 39 and 40, by deleting:
“ . [or 433A.210.]” and inserting “or 433A.210.”.
Amend sec. 22, page 11, lines 28 and 29, by deleting:
“and section 8 of this act,”.
Amend sec. 23, page 12, line 13, by deleting “antipsychotic” and inserting “psychotropic”.
Amend the bill as a whole by renumbering sections 24 through 27 as sections 17 through 20 and adding a new section, designated sec. 16, following sec. 23, to read as follows:
“Sec. 16. NRS 449.710 is hereby amended to read as follows:
449.710 Every patient of a medical facility, facility for the dependent or home for individual residential care has the right to:
1. Receive information concerning any other medical or educational facility or facility for the dependent associated with the facility at which he is a patient which relates to his care.
2. Obtain information concerning the professional qualifications or associations of the persons who are treating him.
3. Receive the name of the person responsible for coordinating his care in the facility or home.
4. Be advised if the facility in which he is a patient proposes to perform experiments on patients which affect his own care or treatment.
5. Receive from his physician a complete and current description of his diagnosis, plan for treatment and prognosis in terms which he is able to understand. If it is not medically advisable to give this information to the patient, the physician shall:
(a) Provide the information to an appropriate person responsible for the patient; and
(b) Inform that person that he shall not disclose the information to the patient.
6. Receive from his physician the information necessary for him to give his informed consent to a procedure or treatment. Except in an emergency, this information must not be limited to a specific procedure or treatment and must include:
(a) A description of the significant medical risks involved;
(b) Any information on alternatives to the treatment or procedure if he requests that information;
(c) The name of the person responsible for the procedure or treatment; and
(d) The costs likely to be incurred for the treatment or procedure and any alternative treatment or procedure.
7. Examine the bill for his care and receive an explanation of the bill, whether or not he is personally responsible for payment of the bill.
8. Know the regulations of the facility or home concerning his conduct at the facility or home.
9. Receive, within reasonable restrictions as to time and place, visitors of his choosing, including, without limitation, friends and members of his family.”.
Amend the title of the bill to read as follows:
“AN ACT relating to health; restricting the authority of a mental health facility to override a client’s refusal of medication; making various changes to procedures for the detention and civil commitment of mentally ill persons; expanding the rights of patients of certain health care facilities; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: