433.Sec. 13 - NEW
433.Sec. 13. NEW
1. A patient who is the subject of a hearing held pursuant to section 11 of this regulation must be allowed to be present during the entire hearing. Unless the patient has indicated in writing or through his or her advisor that he or she will not participate in the hearing, the hearing must not begin until the patient is present.
2. At the hearing, the patient must be allowed to:
(a) Cross-examine any person interviewed by the committee; and
(b) Present evidence and witnesses to the committee.
3. The committee conducting the hearing may interview any person or request any document it deems necessary to assist the committee in making its determination.
4. The committee conducting the hearing shall:
(a) Keep a written, audio or audiovisual record of the hearing;
(b) Prepare a written decision upon the conclusion of the hearing;
(c) Transcribe minutes of the hearing;
(d) Place a copy of the minutes and the written decision of the committee in the medical record of the patient; and
(e) Provide a copy of the minutes and its written decision to the patient.
5. Upon conclusion of the hearing, the committee may recommend approving the request to involuntarily administer psychotropic medication to the patient only if the member of the committee who is a psychiatrist and at least one other member determine that the patient presents a substantial likelihood of serious harm to himself or herself or others, as determined pursuant to NRS 433A.0195, or is unable to care for himself or herself without the administration of the medication. In making that recommendation, the committee must consider:
(a) Any stated objections of the patient to the administration of the medication;
(b) If the patient has completed an advance directive for psychiatric care pursuant to NRS 449A.600 to 449A.645, any relevant instructions contained in that advanced directive;
(c) Any documents or evidence offered by the patient, including, without limitation, the testimony of any witness;
(d) Whether the condition of the patient is likely to improve if the medication is not administered to the patient and, if so, whether such improvement would be significantly slower than had the medication been administered;
(e) Whether there is a less invasive means to accomplish the same or similar results to those achieved by administration of the medication;
(f) Any prior experience of the patient with taking the medication; and
(g) Any additional factor deemed relevant by the committee. Any such additional factor must be described in the written decision of the committee.
6. The committee shall forward its written recommendation to the director of the public or private mental health facility for review pursuant to section 14 of this regulation.
Added to NAC by Div. of Men. Health & Dev. Services by R012-20A, eff. 8-26-2020
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