Nevada Revised Statutes
Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities
NRS 435.645 - Abuse of consumer; failure to report abuse; possession or use of intoxicating beverage or controlled substance; transaction with consumer; aiding escape of consumer; penalties.


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

Nevada Revised Statutes

Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities

NRS 435.005 - Applicability of chapter.

NRS 435.006 - Person’s legal rights; application of various provisions of chapter 433 of NRS and all of chapter 433A of NRS to persons with intellectual disabilities.

NRS 435.007 - Definitions.

NRS 435.009 - Policy concerning persons with intellectual disabilities and developmental disabilities.

NRS 435.010 - County commissioners to make provision for support, education and care of children.

NRS 435.020 - Children entitled to provision of support, education, care and transportation by county commissioners.

NRS 435.030 - Application for services; certificate of county commissioners; transportation of child.

NRS 435.060 - Operation of facilities by Division.

NRS 435.070 - Administration of facilities; regulations.

NRS 435.077 - Regulations for transfer of persons from one facility to another; discharge or leave; notice to committing court.

NRS 435.081 - Admission of persons to division facility; examination or evaluation of persons without admission; discharge of persons voluntarily admitted.

NRS 435.085 - Transfer of person from division facility to hospital; payment of expenses.

NRS 435.090 - Responsibility of estate, parent or guardian for support of child committed to division facility; recovery by legal action.

NRS 435.100 - Continuation or initiation of contributions for support upon transfer of person from one division facility to another.

NRS 435.110 - Agreement for contributions of support between Division and parents or guardian of child admitted to division facility upon request; recovery by legal action; payments from estate of child.

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 435.123 - Involuntary admission: Petition to district court; certificate of professional who examined person stating conclusions.

NRS 435.124 - Involuntary admission: Hearing on petition; notice.

NRS 435.125 - Involuntary admission: Examination or evaluation of person.

NRS 435.126 - Involuntary admission: Right to counsel; appointment of counsel; compensation of appointed counsel.

NRS 435.127 - Involuntary admission: Evidence; rights of person.

NRS 435.128 - Involuntary admission: Findings and order; expiration and renewal of certificate of eligibility for involuntary admission.

NRS 435.129 - Discharge of consumer; notice to consumer, consumer’s representative and court.

NRS 435.130 - Declaration of legislative intent.

NRS 435.140 - Definitions.

NRS 435.172 - "Certificate" defined.

NRS 435.176 - "Jobs and day training services" defined.

NRS 435.179 - "Nonprofit organization" defined.

NRS 435.220 - Regulations; agreements with public and private agencies for provision of services; preference to agency that provides certain training and experience.

NRS 435.225 - Certificate required to provide services; application for issuance or renewal of certificate to include provision regarding preference for employment.

NRS 435.227 - Conditions of certification.

NRS 435.229 - Application for renewal of certificate to include information relating to state business license; renewal of certificate prohibited in certain circumstances.

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 435.245 - Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duties of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish proce...

NRS 435.247 - Application for issuance of certificate: Social security number required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricti...

NRS 435.249 - Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to e...

NRS 435.270 - Gifts and grants of money: Use; deposit.

NRS 435.305 - Conditions under which provider of services may enter into arrangement to provide for employment of person under 25 years of age for less than state minimum wage; regulations concerning documentation.

NRS 435.310 - Contract between provider of services and county and school officials and public and private agencies; prohibition against certain contracts.

NRS 435.3305 - Definitions.

NRS 435.331 - "Certificate" defined.

NRS 435.3315 - "Supported living arrangement services" defined.

NRS 435.332 - Certificate required to provide services; holder authorized to provide services to certain persons.

NRS 435.333 - Regulations; agreements with public and private agencies for provision of services.

NRS 435.3335 - Application for renewal of certificate to include information relating to state business license; renewal of certificate prohibited in certain circumstances.

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 435.337 - Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duties of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish proce...

NRS 435.338 - Application for issuance of certificate: Social security number required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricti...

NRS 435.339 - Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to e...

NRS 435.3395 - Petition for review of criminal history to determine if person is disqualified from obtaining certificate; Division to develop and implement process for submitting petition; requirements; fees; quarterly reports.

NRS 435.340 - Legal capacity of person with an intellectual disability or person with a developmental disability unimpaired unless adjudicated incapacitated.

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 435.365 - Assistance to parent or other relative caring for certain persons with intellectual disabilities or developmental disabilities or young child with certain developmental delays: Eligibility; regulations; waiting list; final administrativ...

NRS 435.370 - Programs for residential placement and foster care by families.

NRS 435.375 - Cooperative agreement with Rehabilitation Division to provide long-term support; regulations.

NRS 435.380 - Intellectual and Developmental Disability Gift Account.

NRS 435.390 - Canteen for division facility: Establishment and operation.

NRS 435.400 - Designation.

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 435.430 - Adoption of regulations concerning care and treatment by public and private facilities and to promote programs.

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 435.450 - Division facility required to forward patient’s medical records upon transfer of patient from facility.

NRS 435.455 - Contracts with hospital or other institution for care of persons.

NRS 435.460 - Contract with persons professionally qualified in field of psychiatric mental health 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 435.475 - State not responsible for payment of costs of care and treatment at other facility; exceptions.

NRS 435.480 - Legislative appropriations; payment of claims.

NRS 435.485 - Acceptance by Department of money from other sources.

NRS 435.490 - Acceptance by Administrator of donations, gifts and grants for disbursement to certain programs; contract for services for evaluation and recommendation of recipients for disbursements.

NRS 435.495 - Schedule of fees for services rendered through programs supported by State; disposition of receipts; amount of fee for services of facility.

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 435.515 - Reciprocal agreement for returning consumers to legal residence; investigation and report concerning 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 435.530 - Definitions.

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 435.580 - Basis for decisions, policies, procedures and practices regarding emergency admissions and involuntary court-ordered admissions.

NRS 435.585 - Right to information; inspection and copying of records.

NRS 435.590 - Medication: Responsibility of psychiatrist and physician; review of methods for administration and custody.

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 435.610 - Denial of rights prohibited; exceptions; report; investigation and action by Commission on Behavioral Health; closure of meeting in certain circumstances.

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 435.645 - Abuse of consumer; failure to report abuse; possession or use of intoxicating beverage or controlled substance; transaction with consumer; aiding escape of consumer; penalties.

NRS 435.650 - Unlawful sale or transfer of intoxicating beverage on grounds of division facility.

NRS 435.655 - Liability of certain relatives and estate of person admitted to facility for payment of costs; recovery by legal action.

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 435.670 - Payment of costs of medical services rendered by person not on staff of facility of Division.

NRS 435.700 - Return of prescription drug to dispensing pharmacy for reissuance or transfer of drug; reissuance or transfer of drug by dispensing pharmacy; regulations.

NRS 435.705 - Transfer to hospital of Department of Veterans Affairs or other facility; duties of medical director and Commission on Behavioral Health upon objection of consumer.

NRS 435.710 - Transfer of nonresident to state of residence.