433A.Sec. 6 - NEW

433A.Sec. 6. NEW

1. An examination conducted pursuant to NRS 433A.165 must include, without limitation, an assessment of whether the person alleged to be a person in a mental health crisis is experiencing the symptoms of intoxication or withdrawal from alcohol or another drug. If so, the physician, physician assistant or advanced practice registered nurse conducting the examination may include in the examination a quantitative measurement of the concentration of alcohol in the blood of the person alleged to be a person in a mental health crisis.

2. If a person alleged to be a person in a mental health crisis is being transferred after receiving acute inpatient care, which may include, without limitation, emergency services or care, at a hospital, other than a psychiatric hospital, the examination conducted pursuant to NRS 433A.165 must include, upon the request of the public or private mental health facility:

(a) A test of the urine of the person alleged to be a person in a mental health crisis to detect the presence of a drug; and

(b) A test to determine whether the person alleged to be a person in a mental health crisis is pregnant, except that such a test is not required if:

(1) The person is not capable of becoming pregnant; or

(2) The physician, physician assistant or advanced practice registered nurse conducting the examination determines that the test is not medically appropriate.

3. After completing the examination of a person alleged to be a person in a mental health crisis pursuant to NRS 433A.165, a physician, physician assistant or advanced practice registered nurse shall attest on the form for admission to a mental health facility submitted pursuant to NRS 433A.130 whether the person has a medical condition, other than a psychiatric condition, which requires immediate treatment.

4. Except as otherwise provided in this subsection, a public or private mental health facility shall not refuse to admit a person alleged to be a person in a mental health crisis under an emergency admission based on the results of a medical examination conducted pursuant to NRS 433A.165 or pending the results of a test conducted pursuant to paragraph (a) of subsection 2 if the physician, physician assistant or advanced practice registered nurse who conducted the examination attests on the form completed pursuant to NRS 433A.130 that the person does not have a medical condition, other than a psychiatric condition, which requires immediate treatment. This subsection shall not be construed to require a mental health facility to admit any person who does not meet the criteria established by the facility for admission.

5. An employee or independent contractor of a public or private mental health facility who is not informed whether a person alleged to be a person in a mental health crisis has a medical condition, other than a psychiatric condition, which requires immediate treatment shall contact the physician, physician assistant or advanced practice registered nurse who examined the person pursuant to NRS 433A.165 to request that information.

Added to NAC by R011-20A, eff. 8-26-2020

NRS 433.324, 433A.165, 439.200

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