Nevada Revised Statutes 433A.160 – Procedure for placement on mental health crisis hold; regulations concerning accredited agent of Division
1. An officer authorized to make arrests in the State of Nevada or a physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse who, based on his or her personal observation of a person or the issuance of a court order pursuant to NRS 433A.155, has probable cause to believe that the person is a person in a mental health crisis, may place the person on a mental health crisis hold by:
Terms Used In Nevada Revised Statutes 433A.160
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(a) Taking the person into custody without a warrant for assessment, evaluation, intervention and treatment at a public or private mental health facility or hospital; and
(b) Completing and providing to the public or private mental health facility or hospital the form prescribed pursuant to NRS 433A.085 for the placement of a person on a mental health crisis hold. The form must set forth the circumstances under which the person was taken into custody and the reasons therefor.
2. A person who places another person on a mental health crisis hold pursuant to subsection 1 may transport that person to a public or private mental health facility or hospital or arrange for the person to be transported by:
(a) A local law enforcement agency;
(b) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority;
(c) An entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421;
(d) An accredited agent of the Division;
(e) A provider of nonemergency secure behavioral health transport services licensed under the regulations adopted pursuant to NRS 433.3317; or
(f) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS.
3. To the extent practicable, a person described in subsection 1 shall attempt to obtain the consent of the parent or guardian of an unemancipated person who is less than 18 years of age before placing the person on a mental health crisis hold. The person who places an unemancipated person who is less than 18 years of age on a mental health crisis hold or, if the person is acting within the scope of his or her employment, the employer of the person, shall maintain documentation of each such attempt until the person who is placed on a mental health crisis hold reaches at least 23 years of age.
4. The State Board of Health shall adopt regulations governing the manner in which:
(a) A person may apply to become an accredited agent of the Division; and
(b) Accredited agents of the Division will be monitored and disciplined for professional misconduct.
5. As used in this section, ‘an accredited agent of the Division’ means any person authorized by the Division to transport to a mental health facility pursuant to paragraph (d) of subsection 2 those persons being placed on a mental health crisis hold.