1. An employee of a public or private facility offering services for persons with intellectual disabilities or persons with developmental disabilities or any other person, except a consumer, who:
(a) Has reason to believe that a consumer of the Division or of a private facility offering services for consumers with intellectual disabilities or consumers with developmental disabilities has been or is being abused or neglected and fails to report it;
(b) Brings intoxicating beverages or a controlled substance into any division facility occupied by consumers unless specifically authorized to do so by the administrative officer or a staff physician of the facility;
(c) Is under the influence of liquor or a controlled substance while employed in contact with consumers, unless in accordance with a lawfully issued prescription;
(d) Enters into any transaction with a consumer involving the transfer of money or property for personal use or gain at the expense of the consumer; or
(e) Contrives the escape, elopement or absence of a consumer,
is guilty of a misdemeanor, in addition to any other penalties provided by law.
2. In addition to any other penalties provided by law, an employee of a public or private facility offering services for persons with intellectual disabilities or persons with developmental disabilities or any other person, except a consumer, who willfully abuses or neglects a consumer:
(a) For a first violation that does not result in substantial bodily harm to the consumer, is guilty of a gross misdemeanor.
(b) For a first violation that results in substantial bodily harm to the consumer, is guilty of a category B felony.
(c) For a second or subsequent violation, is guilty of a category B felony.
A person convicted of a category B felony pursuant to this section shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if the person is an officer or employee of the State, the person forfeits his or her office or position.
4. A conviction pursuant to this section is, when applicable, grounds for disciplinary action against the person so convicted and the facility where the violation occurred. The Division may recommend to the appropriate agency or board the suspension or revocation of the professional license, registration, certificate or permit of a person convicted pursuant to this section.
5. For the purposes of this section:
(a) "Abuse" means any willful and unjustified infliction of pain, injury or mental anguish upon a consumer, including, but not limited to:
(1) The rape, sexual assault or sexual exploitation of the consumer;
(2) The use of any type of aversive intervention;
(3) Except as otherwise provided in NRS 433.5486, a violation of NRS 433.549; and
(4) The use of physical, chemical or mechanical restraints or the use of seclusion in violation of federal law.
Any act which meets the standard of practice for care and treatment does not constitute abuse.
(b) "Consumer" includes any person who seeks, on the person’s own or others’ initiative, and can benefit from, care, treatment and training in a public or private institution or facility offering services for persons with intellectual disabilities or persons with developmental disabilities.
(c) "Neglect" means any omission to act which causes injury to a consumer or which places the consumer at risk of injury, including, but not limited to, the failure to follow:
(1) An appropriate plan of treatment to which the consumer has consented; and
(2) The policies of the facility for the care and treatment of consumers.
Any omission to act which meets the standard of practice for care and treatment does not constitute neglect.
(d) "Standard of practice" means the skill and care ordinarily exercised by prudent professional personnel engaged in health care.
(Added to NRS by 2013, 3028; A 2017, 2828)
Structure Nevada Revised Statutes
Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities
NRS 435.005 - Applicability of chapter.
NRS 435.010 - County commissioners to make provision for support, education and care of children.
NRS 435.060 - Operation of facilities by Division.
NRS 435.070 - Administration of facilities; regulations.
NRS 435.085 - Transfer of person from division facility to hospital; payment of expenses.
NRS 435.115 - Schedule of fees for services.
NRS 435.120 - Disposition of money collected by Division.
NRS 435.121 - Types of admission; forms for admission.
NRS 435.122 - Voluntary admission.
NRS 435.124 - Involuntary admission: Hearing on petition; notice.
NRS 435.125 - Involuntary admission: Examination or evaluation of person.
NRS 435.127 - Involuntary admission: Evidence; rights of person.
NRS 435.129 - Discharge of consumer; notice to consumer, consumer’s representative and court.
NRS 435.130 - Declaration of legislative intent.
NRS 435.172 - "Certificate" defined.
NRS 435.176 - "Jobs and day training services" defined.
NRS 435.179 - "Nonprofit organization" defined.
NRS 435.227 - Conditions of certification.
NRS 435.235 - Division authorized to conduct investigations; employment of personnel.
NRS 435.241 - Division authorized to bring action to enjoin provision of services.
NRS 435.270 - Gifts and grants of money: Use; deposit.
NRS 435.331 - "Certificate" defined.
NRS 435.3315 - "Supported living arrangement services" defined.
NRS 435.333 - Regulations; agreements with public and private agencies for provision of services.
NRS 435.334 - Fees for certificate.
NRS 435.335 - Division authorized to conduct investigations; employment of personnel.
NRS 435.336 - Division authorized to bring action to enjoin provision of services.
NRS 435.350 - Rights of person admitted to division facility.
NRS 435.360 - Responsibility for costs of care and treatment of person 18 years of age or older.
NRS 435.370 - Programs for residential placement and foster care by families.
NRS 435.380 - Intellectual and Developmental Disability Gift Account.
NRS 435.390 - Canteen for division facility: Establishment and operation.
NRS 435.410 - Administration of facilities of Division.
NRS 435.411 - Administrative officer: Qualifications.
NRS 435.412 - Administrative officer: Powers and duties.
NRS 435.413 - Administrative officer: Other employment prohibited; exceptions.
NRS 435.415 - Licensing or certification of certain employees of Division.
NRS 435.420 - Proficiency in English language required of certain employees.
NRS 435.425 - Program for certification of intellectual and developmental disability technicians.
NRS 435.435 - Adoption of regulations concerning abuse and neglect of consumers.
NRS 435.440 - Adoption of regulations concerning consumers.
NRS 435.442 - Training and education concerning sexual abuse.
NRS 435.445 - Inspection of facility.
NRS 435.455 - Contracts with hospital or other institution for care of persons.
NRS 435.465 - Contracts for cooperation with governmental agencies and others.
NRS 435.470 - Involuntary court-ordered admission to private institution not precluded.
NRS 435.480 - Legislative appropriations; payment of claims.
NRS 435.485 - Acceptance by Department of money from other sources.
NRS 435.500 - Fees of physicians and other professionally qualified employees of facility.
NRS 435.505 - Intellectual and developmental disability center revolving accounts.
NRS 435.510 - Determination of residence.
NRS 435.520 - Expenses of returning consumer to legal residence.
NRS 435.525 - Compliance with reciprocal agreements; acceptance for admission to division facility.
NRS 435.535 - "Administrative officer" defined.
NRS 435.540 - "Facility" defined.
NRS 435.545 - "Rights" defined.
NRS 435.550 - Right to habeas corpus unimpaired.
NRS 435.555 - Rights concerning admission and discharge of consumers.
NRS 435.560 - Rights concerning involuntary commitment.
NRS 435.565 - Personal rights.
NRS 435.570 - Rights concerning care, treatment and training.
NRS 435.575 - Individualized plan of services for consumer.
NRS 435.585 - Right to information; inspection and copying of records.
NRS 435.595 - Labor by consumer: Conditions; compensation.
NRS 435.600 - Rights concerning suspension or violation of rights.
NRS 435.605 - Document reflecting receipt of list of rights and explanation of rights.
NRS 435.615 - Retaliation by officer, director or employee of facility prohibited.
NRS 435.620 - Personal deposit funds for consumers.
NRS 435.625 - Disposition of personal property of consumer upon death.
NRS 435.630 - Disposition of unclaimed personal property of consumer worth more than $100.
NRS 435.635 - Disposition of unclaimed personal property of minimal value.
NRS 435.640 - Notification of death of consumer; burial.
NRS 435.650 - Unlawful sale or transfer of intoxicating beverage on grounds of division facility.
NRS 435.660 - Special agreement for support of consumer adjudicated incapacitated; advance payments.
NRS 435.665 - Collection of fees by legal action and other methods.
NRS 435.710 - Transfer of nonresident to state of residence.