Each facility that admits mental health/behavioral health consumers for evaluation, treatment or training must prominently post all rights prescribed in the NRS below and must bring them to the attention of the consumer.
NRS 433.461 “Facility” defined. “Facility” means any:
1. Unit or subunit operated by the Division of Public and Behavioral Health of the Department for the care, treatment and training of consumers.
2. Unit or subunit operated by the Division of Child and Family Services of the Department pursuant to chapter 433B of NRS.
3. Hospital, clinic or other institution operated by any public or private entity, for the care, treatment and training of consumers.
(Added to NRS by 1989, 1755; A 1993, 2716; 1999, 99; 2011, 412)
NRS 433.471 Rights concerning admission and discharge of consumers.
1. Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning admission to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:
(a) The right not to be admitted to the facility under false pretenses or as a result of any improper, unethical or unlawful conduct by a staff member of the facility to collect money from the insurance company of the consumer or for any other financial purpose.
(b) The right to receive a copy, on request, of the criteria upon which the facility makes its decision to admit or discharge a consumer from the facility. Such criteria must not, for emergency admissions or involuntary court-ordered admissions, be based on the availability of insurance coverage or any other financial considerations.
2. As used in this section, “improper conduct” means a violation of the rules, policies or procedures of the facility.
(Added to NRS by 1997, 3490; A 1999, 866; 2011, 413)
NRS 433.472 Rights concerning involuntary commitment.
1. Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning involuntary commitment to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:
(a) To request and receive a second evaluation by a psychiatrist or psychologist who does not have a contractual relationship with or financial interest in the facility. The evaluation must:
(1) Include, without limitation, a recommendation of whether the consumer should be involuntarily committed to the facility; and
(2) Be paid for by the consumer if the insurance carrier of the consumer refuses to pay for the evaluation.
(b) To receive a copy of the procedure of the facility regarding involuntary commitment and treatment.
(c) To receive a list of the consumer’s rights concerning involuntary commitment or treatment.
2. If the results of an evaluation conducted by a psychiatrist or psychologist pursuant to subsection 1 conflict in any manner with the results of an evaluation conducted by the facility, the facility may request and receive a third evaluation of the consumer to resolve the conflicting portions of the previous evaluations.
(Added to NRS by 1997, 3490; A 1999, 1040; 2011, 413)
NRS 433.482 Personal rights. Each consumer admitted for evaluation, treatment or training to a facility has the following personal rights, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:
1. To wear the consumer’s own clothing, to keep and use his or her own personal possessions, including toilet articles, unless those articles may be used to endanger the consumer’s life or others’ lives, and to keep and be allowed to spend a reasonable sum of the consumer’s own money for expenses and small purchases.
2. To have access to individual space for storage for his or her private use.
3. To see visitors each day.
4. To have reasonable access to telephones, both to make and receive confidential calls.
5. To have ready access to materials for writing letters, including stamps, and to mail and receive unopened correspondence, but:
(a) For the purposes of this subsection, packages are not considered as correspondence; and
(b) Correspondence identified as containing a check payable to a consumer may be subject to control and safekeeping by the administrative officer of that facility or the administrative officer’s designee, so long as the consumer’s record of treatment documents the action.
6. To have reasonable access to an interpreter if the consumer does not speak English or is hearing impaired.
7. To designate a person who must be kept informed by the facility of the consumer’s medical and mental condition, if the consumer signs a release allowing the facility to provide such information to the person.
8. Except as otherwise provided in NRS 439.538, to have access to the consumer’s medical records denied to any person other than:
(a) A member of the staff of the facility or related medical personnel, as appropriate;
(b) A person who obtains a waiver by the consumer of his or her right to keep the medical records confidential; or
(c) A person who obtains a court order authorizing the access.
9. Other personal rights as specified by regulation of the Commission.
(Added to NRS by 1981, 892; A 1985, 2266; 1989, 1755; 1997, 3492; 2007, 1980; 2011, 413)
NRS 433.484 Rights concerning care, treatment and training. Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning care, treatment and training, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:
1. To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. All of that care, treatment and training must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:
(a) Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent must be obtained in writing from:
(1) The consumer if he or she is 18 years of age or over or legally emancipated and has the capacity to give that consent, and from the consumer’s legal guardian, if any;
(2) The parent or guardian of a consumer under 18 years of age and not legally emancipated; or
(3) The legal guardian of a consumer of any age who has been adjudicated mentally incompetent;
(b) An informed consent requires that the person whose consent is sought be adequately informed as to:
(1) The nature and consequences of the procedure;
(2) The reasonable risks, benefits and purposes of the procedure; and
(3) Alternative procedures available;
(c) The consent of a consumer as provided in paragraph (b) may be withdrawn by the consumer in writing at any time with or without cause;
(d) Even in the absence of express and informed consent, a licensed and qualified physician may render emergency medical care or treatment to any consumer who has been injured in an accident or motor vehicle crash or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in the initiation of emergency medical care or treatment would endanger the health of the consumer and if the treatment is immediately entered into the consumer’s record of treatment, subject to the provisions of paragraph (e); and
(e) If the proposed emergency medical care or treatment is deemed by the chief medical officer of the facility to be unusual, experimental or generally occurring infrequently in routine medical practice, the chief medical officer shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment.
2. To be free from abuse, neglect and aversive intervention.
3. To consent to the consumer’s transfer from one facility to another, except that the Administrator of the Division of Public and Behavioral Health of the Department or the Administrator’s designee, or the Administrator of the Division of Child and Family Services of the Department or the Administrator’s designee, may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the consumer in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the consumer’s record of treatment and immediately forward a notice of the objection to the Administrator who ordered the transfer, and the Commission shall review the transfer pursuant to subsection 3 of NRS 433.534.
4. Other rights concerning care, treatment and training as may be specified by regulation of the Commission.
(Added to NRS by 1975, 1596; A 1981, 893; 1985, 2266; 1989, 1756; 1993, 2717; 1999, 99, 3233; 2011, 414; 2015, 1675)
NRS 433.531 Rights concerning suspension or violation of rights. Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning the suspension or violation of his or her rights, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:
1. To receive a list of the consumer’s rights.
2. To receive a copy of the policy of the facility that sets forth the clinical or medical circumstances under which the consumer’s rights may be suspended or violated.
3. To receive a list of the clinically appropriate options available to the consumer or the consumer’s family to remedy an actual or a suspected suspension or violation of his or her rights.
4. To have all policies of the facility regarding the rights of consumers prominently posted in the facility.
(Added to NRS by 1997, 3491; A 2011, 417)
NRS 433.533 Document reflecting receipt of list of rights and explanation of rights. Each facility shall, within a reasonable time after a consumer is admitted to the facility for evaluation, treatment or training, ask the consumer to sign a document that reflects that the consumer has received a list of the consumer’s rights and has had those rights explained to him or her.
(Added to NRS by 1997, 3491; A 2011, 417)
