1. An indigent resident of this state discharged as having been determined to no longer be a person in a mental health crisis, but having a residual medical or surgical disability which prevents him or her from obtaining or holding remunerative employment, must be returned to the county of his or her last residence, except as otherwise provided pursuant to subsections 2 and 3. A nonresident indigent with such disabilities must be returned to the county from which he or she was involuntarily court-admitted, except as otherwise provided in subsections 2 and 3. The administrative officer of the mental health facility shall first give notice in writing, not less than 10 days before discharge, to the board of county commissioners of the county to which the person will be returned and to the person’s legal guardian.
2. Delivery of the indigent person must be made to an individual or agency authorized to provide further care. If the person has a legal guardian, the facility shall notify the guardian before discharging the person from the facility. The legal guardian has discretion to determine where the person will be released, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the person will be released within 3 days after the date of notification, the facility shall discharge the person according to its proposed discharge plan. Notification of a guardian pursuant to this subsection must be provided:
(a) In person or by telephone; or
(b) If the mental health facility is not able to contact the guardian in person or by telephone, by facsimile, electronic mail or certified mail.
3. An indigent person may be delivered to a state that is a party to the Interstate Compact on Mental Health ratified and enacted in NRS 433.4543 regardless of residency in the manner provided in the Compact.
4. This section does not authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.
(Added to NRS by 1975, 1607; A 2009, 1669; 2015, 1036; 2021, 3098)
Structure Nevada Revised Statutes
NRS 433A.010 - Applicability of chapter.
NRS 433A.012 - "Administrative officer" defined.
NRS 433A.013 - "Administrator" defined.
NRS 433A.0135 - "Assisted outpatient treatment" defined.
NRS 433A.0145 - "Consumer" defined.
NRS 433A.015 - "Division" defined.
NRS 433A.016 - "Division facility" defined.
NRS 433A.0163 - "Emergency admission" defined.
NRS 433A.0167 - "Involuntary court-ordered admission" defined.
NRS 433A.017 - "Medical director" defined.
NRS 433A.0172 - "Mental health crisis hold" defined.
NRS 433A.0175 - "Person in a mental health crisis" defined.
NRS 433A.018 - "Person professionally qualified in the field of psychiatric mental health" defined.
NRS 433A.019 - "Program of community-based or outpatient services" defined.
NRS 433A.0192 - "Supporter" defined.
NRS 433A.0194 - "Voluntary admission" defined.
NRS 433A.020 - Administrative officer: Qualifications.
NRS 433A.030 - Administrative officer: Powers and duties.
NRS 433A.040 - Administrative officer: Other employment prohibited; exceptions.
NRS 433A.080 - Coordinator of medical programs: Qualifications and selection; powers and duties.
NRS 433A.085 - Forms for detainment, evaluation, admission, treatment and conditional release.
NRS 433A.090 - Revolving Account for Northern Nevada Adult Mental Health Services.
NRS 433A.110 - Canteen for facility of Division: Establishment and operation.
NRS 433A.120 - Types of admission.
NRS 433A.130 - Forms for admission.
NRS 433A.145 - Restrictions on change of status from voluntary consumer to emergency admission.
NRS 433A.150 - Detention for assessment, evaluation, intervention and treatment; limitation on time.
NRS 433A.170 - Certificate of certain providers of health care required for emergency admission.
NRS 433A.190 - Notice of emergency admission for person who is at least 18 years of age.
NRS 433A.195 - Procedure for release from mental health crisis hold.
NRS 433A.197 - Requirements for and limitations on forms, applications and certificates.
NRS 433A.210 - Requirements of petition that is filed after mental health crisis hold.
NRS 433A.215 - Application for writ of habeas corpus before initial hearing.
NRS 433A.230 - Bond of petitioner.
NRS 433A.250 - Evaluation team: Establishment; composition; fees.
NRS 433A.270 - Right to counsel; compensation of counsel; recess; duties of district attorney.
NRS 433A.290 - Right of person alleged to be in mental health crisis to be present and testify.
NRS 433A.300 - Fees and mileage for witnesses.
NRS 433A.320 - Clinical abstract to accompany order.
NRS 433A.330 - Transportation to facility.
NRS 433A.336 - Hearing on petition or motion; notice.
NRS 433A.337 - Written treatment plan.
NRS 433A.342 - Presence and testimony of subject of petition.
NRS 433A.345 - Petition to renew order for assisted outpatient treatment; service; hearing.
NRS 433A.360 - Clinical records: Contents; confidentiality.
NRS 433A.370 - Escape or absence without leave.
NRS 433A.440 - Transfer of nonresident to state of residence.
NRS 433A.450 - Detention and treatment of offender in mental health crisis.
NRS 433A.470 - Guardian may be appointed for person adjudicated incapacitated.
NRS 433A.490 - Restoration of legal capacity of person previously adjudicated incapacitated.
NRS 433A.580 - Arrangements for payment of costs required.
NRS 433A.590 - Schedule of fees.
NRS 433A.620 - Limitation on payment from estate of person admitted to facility.
NRS 433A.650 - Benefits available from third party.
NRS 433A.660 - Collection of fees by legal action and other methods.
NRS 433A.690 - Claim against estate of deceased consumer.