S.B. 540
Senate Bill No. 540–Committee on Government Affairs
(On Behalf of Department of Administration—Budget Division)
March 26, 2001
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Changes name of Nevada mental health institute to northern Nevada adult mental health services. (BDR 39‑1442)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to mental health; changing the name of the Nevada mental health institute to northern Nevada adult mental health services; 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 433.233 is hereby amended to read as follows:
1-2 433.233 1. The division facilities providing mental health services
1-3 are designated as:
1-4 (a) Northern Nevada adult mental health [institute;] services;
1-5 (b) Southern Nevada adult mental health services;
1-6 (c) Rural clinics; and
1-7 (d) Lakes Crossing center.
1-8 2. The division facilities providing services for mentally retarded
1-9 persons and persons with related conditions are designated as:
1-10 (a) Desert regional center;
1-11 (b) Sierra regional center; and
1-12 (c) Rural regional center.
1-13 3. Division facilities established after July 1, 1981, must be named by
1-14 the administrator, subject to the approval of the director of the department.
1-15 Sec. 2. NRS 433A.090 is hereby amended to read as follows:
1-16 433A.090 There is hereby created a revolving account for [the]
1-17 northern Nevada adult mental health [institute] services in the sum of
1-18 $7,500, which may be used for the payment of bills [of the institute]
1-19 requiring immediate payment and for no other purpose. The administrative
1-20 officer [for the institute] shall deposit the revolving account in one or more
2-1 banks or credit unions of reputable standing. Payments made from the
2-2 revolving account must be promptly reimbursed from money appropriated
2-3 [money of the institute] for northern Nevada adult mental health services
2-4 as other claims against the state are paid.
2-5 Sec. 3. NRS 433B.110 is hereby amended to read as follows:
2-6 433B.110 1. The division facilities providing services for the mental
2-7 health of children are designated as:
2-8 (a) The Nevada youth hospital;
2-9 (b) The adolescent treatment center ; [of the Nevada mental health
2-10 institute;]
2-11 (c) Northern Nevada children’s behavioral services; and
2-12 (d) Southern Nevada children’s behavioral services.
2-13 2. Division facilities established after July 1, 1993, must be named by
2-14 the administrator, subject to the approval of the director of the department.
2-15 Sec. 4. NRS 41.325 is hereby amended to read as follows:
2-16 41.325 After any proceeding in which a person, previously adjudicated
2-17 to be insane, is adjudicated to be sane, the clerk of the district court shall
2-18 immediately notify the administrative officer and the medical director of
2-19 [the] northern Nevada adult mental health [institute] services of the
2-20 adjudication.
2-21 Sec. 5. NRS 160.161 is hereby amended to read as follows:
2-22 160.161 1. Upon commitment, a person is subject to the rules and
2-23 regulations of the Department of Veterans Affairs or other agency when
2-24 admitted to any facility operated by any such agency within or without this
2-25 state.
2-26 2. The chief officer of any facility of the Department of Veterans
2-27 Affairs or institution operated by any other agency of the United States to
2-28 which the person is so committed is, with respect to [such] that person,
2-29 vested with the same powers as the [institute] director and the medical
2-30 director of [the] northern Nevada adult mental health [institute] services
2-31 with respect to retention of custody, transfer, parole or discharge.
2-32 3. The committing court shall retain jurisdiction:
2-33 (a) To inquire, at any time, into the mental condition of persons so
2-34 committed.
2-35 (b) To determine the necessity for the continuance of his restraint.
2-36 Sec. 6. NRS 160.162 is hereby amended to read as follows:
2-37 160.162 1. Upon receipt of a certificate of the Department of
2-38 Veterans Affairs or another agency of the United States that facilities are
2-39 available for the care or treatment of any person previously committed to
2-40 the custody of northern Nevada adult mental health [institute] services and
2-41 that [such] the person is eligible for care or treatment, the [institute]
2-42 director of [the] northern Nevada adult mental health [institute] services
2-43 may cause the transfer of [such] the person to the Department of Veterans
2-44 Affairs or other agency of the United States for care or treatment.
2-45 2. The committing court must be notified by the [institute] director of
2-46 [the] northern Nevada adult mental health [institute] services upon
2-47 effecting such a transfer.
2-48 3. No person may be transferred to the Department of Veterans Affairs
2-49 or such other agency of the United States if he is confined pursuant to a
3-1 conviction of a felony or misdemeanor or if he has been acquitted of the
3-2 charge solely on the ground of insanity, unless before the transfer the court
3-3 originally committing [such] the person enters an order for the transfer
3-4 after appropriate motion and hearing.
3-5 4. Any person transferred as provided in this section shall be deemed
3-6 to be committed to the Department of Veterans Affairs or other agency of
3-7 the United States pursuant to the original commitment.
3-8 Sec. 7. NRS 444.330 is hereby amended to read as follows:
3-9 444.330 1. The health division has supervision over the sanitation,
3-10 healthfulness, cleanliness and safety, as it pertains to the foregoing matters,
3-11 of the following state institutions:
3-12 (a) Institutions and facilities of the department of prisons.
3-13 (b) Northern Nevada adult mental health [institute.] services.
3-14 (c) Nevada youth training center.
3-15 (d)Caliente youth center.
3-16 (e) Northern Nevada children’s home.
3-17 (f) Southern Nevada children’s home.
3-18 (g) University and Community College System of Nevada.
3-19 2. The state board of health may adopt regulations pertaining thereto as
3-20 are necessary to promote properly the sanitation, healthfulness, cleanliness
3-21 and, as it pertains to the foregoing matters, the safety of those institutions.
3-22 3. The state health officer or his authorized agent shall inspect those
3-23 institutions at least once each calendar year and whenever he deems an
3-24 inspection necessary to carry out the provisions of this section.
3-25 4. The state health officer may publish reports of the inspections.
3-26 5. All persons charged with the duty of maintenance and operation of
3-27 the institutions named in this section shall operate the institutions in
3-28 conformity with the regulations adopted by the state board of health
3-29 pursuant to subsection 2.
3-30 6. The state health officer or his authorized agent may, in carrying out
3-31 the provisions of this section, enter upon any part of the premises of any of
3-32 the institutions named in this section over which he has jurisdiction, to
3-33 determine the sanitary conditions of the institutions and to determine
3-34 whether the provisions of this section and the regulations of the state board
3-35 of health pertaining thereto are being violated.
3-36 Sec. 8. NRS 502.077 is hereby amended to read as follows:
3-37 502.077 1. The division shall issue special fishing permits to the
3-38 administrative head of:
3-39 (a) [The] Northern Nevada adult mental health [institute;] services;
3-40 (b) Southern Nevada adult mental health services;
3-41 (c) The northern Nevada children’s home;
3-42 (d) The southern Nevada children’s home;
3-43 (e) The Nevada youth training center;
3-44 (f) The Caliente youth center;
3-45 (g) The Spring Mountain Youth Camp;
3-46 (h) The China Spring Youth Camp;
3-47 (i) Any facility which provides temporary foster care for children who
3-48 are not delinquent; and
4-1 (j) Such other public or charitable institutions or organizations as are
4-2 designated by regulations adopted by the commission,
4-3 for use only by the members, patients or children of such institutions or
4-4 organizations.
4-5 2. The permits:
4-6 (a) Must be in the possession of the officer or employee who is
4-7 supervising a member, patient or child while he is fishing.
4-8 (b) Authorize a member, patient or child to fish in a legal manner if in
4-9 the company of an officer or employee of one of the institutions listed in
4-10 this section, or of an organization provided for by regulation, if the officer
4-11 or employee has a valid Nevada fishing license.
4-12 (c) Must be issued pursuant and subject to regulations prescribed by the
4-13 commission.
4-14 (d) Must contain the words “Nevada Special Fishing Permit” and the
4-15 number of the permit printed on the face of the permit.
4-16 (e) May authorize no more than 15 members, patients or children,
4-17 respectively, to fish.
4-18 3. Each institution or organization shall pay to the division an annual
4-19 fee of $15 for each permit issued to the institution or organization pursuant
4-20 to this section. The division shall not issue more than two permits per year
4-21 to each institution or organization.
4-22 4. It is unlawful for any person other than a member, patient or child in
4-23 one of these organizations or institutions to fish with a permit issued by the
4-24 division pursuant to this section.
4-25 Sec. 9. NRS 433.114 is hereby repealed.
4-26 Sec. 10. This act becomes effective upon passage and approval.
4-27 TEXT OF REPEALED SECTION
4-28 433.114 “Institute” defined. “Institute” means the Nevada mental
4-29 health institute.
4-30 H