Any licensed health care professional or hospital personnel who in a professional or occupational capacity knows or has reasonable cause to believe that an older person (elder abuse) or vulnerable person has been abused, neglected, exploited, isolated or abandoned shall report the abuse or neglect.
A report must be made by the following persons:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person by a member of the staff of the hospital.
(c) A coroner.
(d) Every person who maintains or is employed by an agency to provide personal care services in the home.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.
(g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R. § 1321.11.
(h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons or vulnerable persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
(m) Every person who operates or is employed by a peer support recovery organization, as defined in NRS 449.01563.
(n) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.
As soon as reasonably practicable, but not later than 24 hours after the person knows or has reasonable cause to believe that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.
Report the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to:
(1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;
(2) A police department or sheriff’s office; or
(3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Service:
NRS 200.5094 Reports: Manner of making; contents.
1. A person may make a report pursuant to NRS 200.5093 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.
2. The report must contain the following information, when possible:
(a) The name and address of the older person or vulnerable person;
(b) The name and address of the person responsible for his or her care, if there is one;
(c) The name and address, if available, of the person who is alleged to have abused, neglected, exploited, isolated or abandoned the older person or vulnerable person;
(d) The nature and extent of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person;
(e) Any evidence of previous injuries; and
(f) The basis of the reporter’s belief that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.
(Added to NRS by 1981, 1335; A 1983, 1654; 1997, 1351; 1999, 3520; 2005, 1110; 2015, 809; 2019, 3487)
Effective July 1, 2019, Aging and Disability Services Division (ADSD) received legislative authority to receive and investigate reports of abuse, exploitation, isolation, neglect and abandonment for vulnerable adults age 18-59 in addition to persons 60 years and older, collectively referred to as vulnerable adults. The Elder Protective Services (EPS) program is now referred to as Adult Protective Services (APS).
To report suspected abuse, neglect, exploitation, isolation or abandonment for vulnerable adults 18 years and older, and/or facility complaints, please utilize these phone numbers:
If a vulnerable adult is in immediate danger, the local police, sheriff's office or emergency medical service should be contacted. If the person is not in immediate danger, the report should be made via one of the designated phone numbers.
Please do not send a report of abuse, neglect, exploitation, isolation or abandonment, to the Aging and Disability Services Division email address, as it may not be acted on promptly.
A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor. (NRS 200.5093)
NRS 200.5095 Reports and records confidential; permissible or required disclosure; penalty. [Effective January 1, 2020.]
1. Reports made pursuant to NRS 200.5093 and 200.5094, and records and investigations relating to those reports, are confidential.
2. A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, except:
(a) Pursuant to a criminal prosecution;
(b) Pursuant to NRS 200.50982; or
(c) To persons or agencies enumerated in subsection 3,
is guilty of a misdemeanor.
3. Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is available only to:
(a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited, isolated or abandoned;
(b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person;
(c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person;
(d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;
(e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;
(f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency in another jurisdiction;
(h) A legal guardian of the older person or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;
(i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;
(j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited, isolated or abandoned, if that person is not legally incapacitated;
(k) An attorney appointed by a court to represent a protected person in a guardianship proceeding pursuant to NRS 159.0485, if:
(1) The protected person is an older person or vulnerable person;
(2) The identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected; and
(3) The attorney of the protected person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment; or
(l) The State Guardianship Compliance Office created by NRS 159.341.
4. If the person who is reported to have abused, neglected, exploited, isolated or abandoned an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, 653 or 654 of NRS, the information contained in the report must be submitted to the board that issued the license.
5. If data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is made available pursuant to paragraph (b) or (j) of subsection 3 or subsection 4, the name and any other identifying information of the person who made the report must be redacted before the data or information is made available.
(Added to NRS by 1981, 1335; A 1983, 1654; 1995, 2252; 1997, 1351; 2003, 906; 2005, 1111; 2011, 1096, 1518; 2015, 810; 2019, 2716, 3488, effective January 1, 2020)
NRS 200.5096 Immunity from civil or criminal liability for reporting, investigating or submitting information; exception.
1. Except as otherwise provided in subsection 2, immunity from civil or criminal liability extends to every person who, pursuant to NRS 200.5091 to 200.50995, inclusive, in good faith:
(a) Participates in the making of a report;
(b) Causes or conducts an investigation of alleged abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person; or
(c) Submits information contained in a report to a licensing board pursuant to subsection 4 of NRS 200.5095.
2. The immunity provided in subsection 1 does not extend to any person who has:
(a) Abused, neglected, exploited, isolated or abandoned the older person or vulnerable person who is the subject of the report or investigation as prohibited by NRS 200.5099;
(b) Conspired with another to commit abuse, exploitation or isolation of the older person or vulnerable person who is the subject of the report or investigation as prohibited by NRS 200.50995; or
(c) Aided and abetted in or was an accessory to the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person who is the subject of the report or investigation or the conspiracy to commit abuse, exploitation or isolation of the older person or vulnerable person.
(Added to NRS by 1981, 1336; A 1995, 2253; 1997, 1352; 2005, 1112; 2015, 811; 2017, 2528, 2834)
NRS 200.5093 Report of abuse, neglect, exploitation, isolation or abandonment of older person or vulnerable person; voluntary and mandatory reports; investigation; penalty. [Effective through December 31, 2019.]
1. Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned shall:
(a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to:
(1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;
(2) A police department or sheriff’s office; or
(3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.
3. Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person by a member of the staff of the hospital.
(c) A coroner.
(d) Every person who maintains or is employed by an agency to provide personal care services in the home.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.
(g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R. § 1321.11.
(h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons or vulnerable persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
(m) Every person who operates or is employed by a peer support recovery organization, as defined in NRS 449.01563.
(n) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.
5. A report may be made by any other person.
6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person or vulnerable person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person or vulnerable person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
7. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:
(a) Aging and Disability Services Division;
(b) Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons created by NRS 179A.450; and
(c) Unit for the Investigation and Prosecution of Crimes.
8. If the investigation of a report results in the belief that an older person or vulnerable person is abused, neglected, exploited, isolated or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person or vulnerable person if the older person or vulnerable person is able and willing to accept them.
9. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
10. As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons in the Office of the Attorney General created pursuant to NRS 228.265.
(Added to NRS by 1981, 1334; A 1983, 1653; 1985, 1491; 1987, 2130, 2218; 1989, 904; 1991, 135; 1993, 2226; 1995, 2250; 1997, 108, 1349, 2608, 2610, 2637, 2639; 1999, 137, 2242, 2245, 2248, 3518; 2001, 158, 161, 776; 2003, 905; 2005, 1109, 2172; 2007, 746, 1224, 1849, 3080; 2009, 2372, 2445, 2992; 2011, 1093, 1514; 2013, 141, 953; 2015, 806, 2167, 2178; 2017, 702; 2019, 3485)
“Older person” means a person who is 60 years of age or older.
“Vulnerable person” means a person 18 years of age or older who:
(a) Suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or
(b) Has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living. (NRS 200.5092)
