NRS
433A.160 Procedure for placement on mental health crisis hold;
regulations concerning accredited agent of Division.
1. An officer authorized to make arrests
in the State of Nevada or a physician, physician assistant, psychologist,
marriage and family therapist, clinical professional counselor, social worker
or registered nurse who, based on his or her personal observation of a person
or the issuance of a court order pursuant to NRS 433A.155, has probable cause to
believe that the person is a person in a mental health crisis, may place the
person on a mental health crisis hold by:
(a) Taking the person into custody without a
warrant for assessment, evaluation, intervention and treatment at a public or
private mental health facility or hospital; and
(b) Completing and providing to the public or
private mental health facility or hospital the form prescribed pursuant to NRS 433A.085 for the placement of a
person on a mental health crisis hold. The form must set forth the
circumstances under which the person was taken into custody and the reasons
therefor.
2. A person who places another person on a
mental health crisis hold pursuant to subsection 1 may transport that person to
a public or private mental health facility or hospital or arrange for the
person to be transported by:
(a) A local law enforcement agency;
(b) A system for the nonemergency medical
transportation of persons whose operation is authorized by the Nevada
Transportation Authority;
(c) An entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421;
(d) An accredited agent of the Division;
(e) A provider of nonemergency secure behavioral
health transport services licensed under the regulations adopted pursuant to NRS 433.3317; or
(f) If medically necessary, an ambulance service
that holds a permit issued pursuant to the provisions of chapter 450B of NRS.
3. To the extent practicable, a person
described in subsection 1 shall attempt to obtain the consent of the parent or
guardian of an unemancipated person who is less than 18 years of age before
placing the person on a mental health crisis hold. The person who places an
unemancipated person who is less than 18 years of age on a mental health crisis
hold or, if the person is acting within the scope of his or her employment, the
employer of the person, shall maintain documentation of each such attempt until
the person who is placed on a mental health crisis hold reaches at least 23
years of age.
4. The State Board of Health shall adopt
regulations governing the manner in which:
(a) A person may apply to become an accredited
agent of the Division; and
(b) Accredited agents of the Division will be
monitored and disciplined for professional misconduct.
5. As used in this section, “an accredited
agent of the Division” means any person authorized by the Division to transport
to a mental health facility pursuant to paragraph (d) of subsection 2 those
persons being placed on a mental health crisis hold.
(Added to NRS by 1975,
1603; A 1983,
506; 1985,
2269; 1989,
1759; 1997,
3494; 2001,
1017, 3042;
2005,
967; 2007,
3087; 2015,
2990; 2017,
1748; 2019,
351, 1924,
2619;
2021,
3080)
Notes of Decisions
James O'Doan v. Joshua Sanford, 991 F.3d 1027 (9th Cir. 2021).
“Nev. Rev. Stat. § 433A.160 (2015) authorizes the police to “[t]ake a person alleged to be a person with mental illness into custody to apply for emergency admission of the person for evaluation, O’DOAN V.”
Schlotfeldt v. Charter Hosp. of Las Vegas, 910 P.2d 271 (Nev. 1996).
· cites it 2× “NRS 433A.160. A physician, or other designated professionals, may certify a "mentally ill person," (as defined in NRS 433A.”
Marshall v. Eighth Jud. Dist. Court of the State of Nevada, 836 P.2d 47 (Nev. 1992).
· cites it 2× “Mercy argues that the actions of its personnel were authorized by NRS 433A.160 as an emergency admission. 5 Nurse Richardson took Maziar into custody, applied for her admission to Charter, and arranged for Mercy to transport her to Charter.”
Cummings v. Charter Hosp. of Las Vegas, Inc., 896 P.2d 1137 (Nev. 1995).
“We conclude that Nevada statutory provisions allowing private persons to detain the mentally ill constitute a delegation of state power, and the restraint of individuals against their will under a statutory grant of power constitutes state action.”
The Est. of Jill Ann Esche v. Renown Reg'l Med. Ctr. (D. Nev. 2024).
· cites it 8× “Heidi Oberhansli to initiate an emergency mental health hold on Esche 15 under NRS § 433A.160. (ECF No. 95-8 at 8-16.) 16 On October 20, 2020, Esche was again transferred to RRMC under the legal hold 17 initiated at CTH by Dr.”
Hamilton v. Las Vegas Metro Police Dep't (D. Nev. 2021).
“” NRS 433A.160 allows a person to be taken into custody and 5 transported, without a warrant, by a local law enforcement agency, such as Metro, “to a public or 6 private mental health facility or hospital” if the “person [is] in a mental health crisis.”
Crema v. Las Vegas Metro. Police Dep't (D. Nev. 2023).
“To the contrary, 25 our cases routinely call suspects ‘restrained’ after they have been handcuffed, or simply pinned 26 27 13 Nevada Revised Statute § 433A.160(a) authorizes the police to place a person they have “probable cause to believe” is “in a mental health crisis .”
— Nev. Rev. Stat. § 433A.160(1) — 2 cases
Marshall v. Eighth Jud. Dist. Court of the State of Nevada, 836 P.2d 47 (Nev. 1992).
“Mercy argues that the actions of its personnel were authorized by NRS 433A.160 as an emergency admission. 5 Nurse Richardson took Maziar into custody, applied for her admission to Charter, and arranged for Mercy to transport her to Charter.”
The Est. of Jill Ann Esche v. Renown Reg'l Med. Ctr. (D. Nev. 2024).
“Heidi Oberhansli to initiate an emergency mental health hold on Esche 15 under NRS § 433A.160. (ECF No. 95-8 at 8-16.) 16 On October 20, 2020, Esche was again transferred to RRMC under the legal hold 17 initiated at CTH by Dr.”
— Nev. Rev. Stat. § 433A.160(a) — 1 case
Crema v. Las Vegas Metro. Police Dep't (D. Nev. 2023).
“To the contrary, 25 our cases routinely call suspects ‘restrained’ after they have been handcuffed, or simply pinned 26 27 13 Nevada Revised Statute § 433A.160(a) authorizes the police to place a person they have “probable cause to believe” is “in a mental health crisis .”
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