Senate Bill No. 116–Committee on Human
Resources and Facilities

 

(On Behalf of Department of Human Resources—Mental
Health and Developmental Services)

 

February 13, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Clarifies and revises certain provisions governing use of restraints and interventions by facilities for mental health. (BDR 39‑346)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

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

 

AN ACT relating to facilities for mental health; clarifying the applicability of certain provisions governing the use of restraints and interventions; revising the circumstances under which a forensic facility may use restraints; 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. Chapter 433 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2, 3 and 4 of this act.

1-3    Sec. 2.  “Client” means any person who seeks, on his own or

1-4  another’s initiative, and can benefit from care, treatment and training in

1-5  any facility.

1-6    Sec. 3.  “Facility” means any:

1-7    1.  Unit or subunit operated by the division of mental health and

1-8  developmental services of the department for the care, treatment and

1-9  training of clients.

1-10    2.  Unit or subunit operated by the division of child and family

1-11  services of the department pursuant to NRS 433B.010 to 433B.350,

1-12  inclusive.

1-13    3.  Hospital, clinic or other institution operated by any public or

1-14  private entity, for the care, treatment and training of clients.

1-15    Sec. 4.  “Forensic facility” means a facility operated by the division

1-16  of mental health and developmental services of the department for the

1-17  provision of forensic services.

2-1    Sec. 5.  NRS 433.545 is hereby amended to read as follows:

2-2    433.545  As used in NRS 433.545 to 433.551, inclusive, unless the

2-3  context otherwise requires, the words and terms defined in NRS 433.5453

2-4  to 433.548, inclusive, and sections 2, 3 and 4 of this act have the

2-5  meanings ascribed to them in those sections.

2-6    Sec. 6.  NRS 433.5486 is hereby amended to read as follows:

2-7    433.5486  Notwithstanding the provisions of NRS 433.549 to

2-8  433.5503, inclusive, to the contrary[, a facility may use or authorize the

2-9  use of physical restraint, mechanical restraint or chemical restraint on a

2-10  person with a disability who is a client if the] :

2-11    1.  A facility that is:

2-12    [1.] (a) Accredited by a nationally recognized accreditation association

2-13  or agency; or

2-14    [2.] (b) Certified for participation in the Medicaid or Medicare

2-15  program,

2-16  may use or authorize the use of physical restraint, mechanical restraint

2-17  or chemical restraint on a person with a disability who is a client only to

2-18  the extent that the accreditation or certification allows the use of such

2-19  restraint.

2-20    2.  Except as otherwise provided in subsection 1, a forensic facility

2-21  may use or authorize the use of any reasonable physical restraint,

2-22  mechanical restraint or chemical restraint on a person with a disability

2-23  who is a client.

2-24    Sec. 7.  This act becomes effective upon passage and approval.

 

2-25  H