[Rev. 12/21/2019 2:10:39 PM--2019]

CHAPTER 458 - ALCOHOL AND OTHER SUBSTANCE USE DISORDERS

GENERAL PROVISIONS

NRS 458.010 Definitions.

PROGRAMS FOR ALCOHOL OR OTHER SUBSTANCE USE DISORDERS

NRS 458.025 Operation of state plan; certification of detoxification technicians, facilities and programs. [Effective through June 30, 2026.]

NRS 458.025 Operation of state plan; certification of detoxification technicians, facilities and programs. [Effective July 1, 2026.]

NRS 458.0255 Expedited certificate by endorsement as detoxification technician: Requirements; procedure for issuance.

NRS 458.0256 Expedited certificate by endorsement as detoxification technician for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

NRS 458.0258 Certification of detoxification technician: Petition to determine if criminal history will disqualify person from obtaining certificate; fee; posting of requirements for certificate and list of disqualifying crimes on Internet; report.

NRS 458.026 Certification of detoxification technician: Statement by applicant concerning payment of child support; grounds for denial of certification; duty of Administrator. [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 restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 458.027 Certification of detoxification technician: Suspension of certification for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification. [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 restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 458.028 Certification of detoxification technician: Application to include social security number. [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 restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 458.029 Application for renewal of certificate: Information concerning state business license required; conditions which require denial.

NRS 458.031 Administration of chapter.

NRS 458.035 Power of Division to contract.

NRS 458.055 Confidential information.

NRS 458.080 Financial assistance for treatment provider.

NRS 458.091 Admission to and treatment in hospital of person with an alcohol or other substance use disorder.

NRS 458.094 Use of certain money to provide programs to persons referred by agencies which provide child welfare services. [Effective through June 30, 2020.]

NRS 458.094 Use of certain money to provide programs to persons referred by agencies which provide child welfare services. [Effective July 1, 2020.]

NRS 458.097 Use and allocation of certain money for increase of services.

NRS 458.098 Tax on Liquor Program Account.

NRS 458.100 State Grant and Gift Account for Alcohol or Other Substance Use Disorders.

NRS 458.103 Division authorized to accept public money.

NRS 458.104 Temporary advance from State General Fund.

NRS 458.105 Fees for sale of miscellaneous printed material.

NRS 458.110 Additional powers of Division.

NRS 458.112 Prohibition on certain activities related to marketing of treatment provider, facility or operator of program for alcohol or other substance use disorder; exception; penalty.

NRS 458.115 Legislative appropriations; claims.

SERVICES FOR ADOLESCENTS

NRS 458.125 Requests for proposals; advancement of initial costs; staffing of Division.

NRS 458.131 Biennial report of Division.

PROTECTIVE CUSTODY OF PERSONS UNDER INFLUENCE OF CONTROLLED SUBSTANCE

NRS 458.175 Powers and duties of peace officers.

CIVIL PROTECTIVE CUSTODY OF PERSONS WITH AN ALCOHOL USE DISORDER

NRS 458.250 Legislative declaration of purpose.

NRS 458.260 Intoxication not public offense; exceptions.

NRS 458.270 Procedure for placing person in civil protective custody.

NRS 458.280 Records of treatment facility and treatment provider confidential; exceptions.

CIVIL COMMITMENT OF PERSONS WITH AN ALCOHOL OR OTHER SUBSTANCE USE DISORDER WHO HAVE BEEN CONVICTED OF CRIME

NRS 458.290 “Person with a substance use disorder” defined. [Effective through June 30, 2020.]

NRS 458.300 Eligibility for assignment to program of treatment. [Effective through June 30, 2020.]

NRS 458.310 Hearing to determine whether defendant should receive treatment. [Effective through June 30, 2020.]

NRS 458.320 Examination of defendant; determination of acceptability for treatment; imposition of conditions; deferment of sentencing; payment of costs of treatment. [Effective through June 30, 2020.]

NRS 458.325 Completion of treatment under supervision of treatment provider in another jurisdiction. [Effective through June 30, 2020.]

NRS 458.330 Deferment of sentencing; satisfaction of conditions for treatment; determination of transfer to another treatment provider or sentencing; sealing of records. [Effective through June 30, 2020.]

NRS 458.340 Civil commitment not criminal conviction. [Effective through June 30, 2020.]

NRS 458.350 State or political subdivision not required to provide treatment provider for treatment. [Effective through June 30, 2020.]

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GENERAL PROVISIONS

NRS 458.010 Definitions. As used in this chapter, unless the context requires otherwise:

1. “Administrator” means the Administrator of the Division.

2. “Civil protective custody” means a custodial placement of a person to protect the health or safety of the person. Civil protective custody does not have any criminal implication.

3. “Detoxification technician” means a person who is certified by the Division to provide screening for the safe withdrawal from alcohol and other drugs.

4. “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

5. “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of persons with alcohol or other substance use disorders.

6. “Person with an alcohol or other substance use disorder” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects the ability of the person to function socially or economically.

7. “Person with an alcohol use disorder” means any person who habitually uses alcoholic beverages to the extent that the person endangers the health, safety or welfare of himself or herself or any other person or group of persons.

8. “Program for alcohol or other substance use disorders” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of persons with an alcohol or other substance use disorder.

9. “Treatment provider” means a public or private agency, residential treatment center, facility for the treatment of alcohol or other substance use disorders, voluntary organization which is certified by the Division or a practitioner licensed or certified pursuant to chapter 641, 641A, 641B or 641C of NRS.

(Added to NRS by 1960, 306; A 1963, 966; 1967, 1174; 1973, 1060, 1399; 1975, 228; 1977, 1223; 1993, 1628; 1997, 3076; 1999, 1266, 1874, 3065, 3066, 3077; 2001, 418, 440, 1909, 2519; 2003, 1168, 1454; 2005, 22nd Special Session, 56, 57; 2011, 2854; 2013, 3063; 2015, 745, 2278)

PROGRAMS FOR ALCOHOL OR OTHER SUBSTANCE USE DISORDERS

NRS 458.025 Operation of state plan; certification of detoxification technicians, facilities and programs. [Effective through June 30, 2026.]

1. The Division:

(a) Shall formulate and operate a comprehensive state plan for programs for alcohol or other substance use disorders which must include:

(1) A survey of the need for prevention and treatment of alcohol or other substance use disorders, including a survey of the treatment providers needed to provide services and a plan for the development and distribution of services and programs throughout this State.

(2) A plan for programs to educate the public in the problems of alcohol and other substance use disorders.

(3) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol or other substance use disorders and in the treatment and recovery of persons with alcohol or other substance use disorders, and a plan to provide the necessary treatment.

Ê In developing and revising the state plan, the Division shall consider, without limitation, the amount of money available from the Federal Government for programs for alcohol or other substance use disorders and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for programs for alcohol or other substance use disorders.

(b) Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of programs for alcohol or other substance use disorders in this State.

(c) Must be consulted in the planning of projects and advised of all applications for grants from within this State which are concerned with programs for alcohol or other substance use disorders, and shall review the applications and advise the applicants concerning the applications.

(d) Shall certify or deny certification of detoxification technicians or any facilities or programs on the basis of the standards established by the Board pursuant to this section, and publish a list of certified detoxification technicians, facilities and programs. Any detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for programs for alcohol or other substance use disorders.

(e) Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in paragraph (d).

2. The State Board of Health shall adopt regulations. The regulations:

(a) Must prescribe the requirements for continuing education for persons certified as detoxification technicians which must include, without limitation, a requirement that such a person receive at least 1 hour of instruction on evidence-based suicide prevention and awareness for each year of the term of the person’s certification; and

(b) May prescribe the fees for the certification of detoxification technicians, facilities or programs. A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the Division of issuing the certificate.

(Added to NRS by 1973, 1397; A 1975, 228; 1981, 1901; 1987, 526; 1999, 1267, 1875, 3066; 2001, 419, 441, 1910, 2519; 2003, 1168; 2005, 22nd Special Session, 57, 58; 2015, 305, 746, 2278, 2288)

NRS 458.025 Operation of state plan; certification of detoxification technicians, facilities and programs. [Effective July 1, 2026.]

1. The Division:

(a) Shall formulate and operate a comprehensive state plan for programs for alcohol or other substance use disorders which must include:

(1) A survey of the need for prevention and treatment of alcohol or other substance use disorders, including a survey of the treatment providers needed to provide services and a plan for the development and distribution of services and programs throughout this State.

(2) A plan for programs to educate the public in the problems of alcohol and other substance use disorders.

(3) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol or other substance use disorders and in the treatment and recovery of persons with alcohol or other substance use disorders, and a plan to provide the necessary treatment.

Ê In developing and revising the state plan, the Division shall consider, without limitation, the amount of money available from the Federal Government for programs for alcohol or other substance use disorders and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for programs for alcohol or other substance use disorders.

(b) Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of programs for alcohol or other substance use disorders in this State.

(c) Must be consulted in the planning of projects and advised of all applications for grants from within this State which are concerned with programs for alcohol or other substance use disorders, and shall review the applications and advise the applicants concerning the applications.

(d) Shall certify or deny certification of detoxification technicians or any facilities or programs on the basis of the standards established by the Board pursuant to this section, and publish a list of certified detoxification technicians, facilities and programs. Any detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for programs for alcohol or other substance use disorders.

(e) Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in paragraph (d).

2. The State Board of Health shall adopt regulations. The regulations:

(a) Must prescribe the requirements for continuing education for persons certified as detoxification technicians; and

(b) May prescribe the fees for the certification of detoxification technicians, facilities or programs. A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the Division of issuing the certificate.

(Added to NRS by 1973, 1397; A 1975, 228; 1981, 1901; 1987, 526; 1999, 1267, 1875, 3066; 2001, 419, 441, 1910, 2519; 2003, 1168; 2005, 22nd Special Session, 57, 58; 2015, 305, 746, 2278, 2288, effective July 1, 2026)

NRS 458.0255 Expedited certificate by endorsement as detoxification technician: Requirements; procedure for issuance.

1. Notwithstanding any regulations adopted pursuant to NRS 458.025, the Division may issue a certificate by endorsement as a detoxification technician to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as a detoxification technician in the District of Columbia or any state or territory of the United States.

2. An applicant for a certificate by endorsement pursuant to this section must submit to the Division with his or her application:

(a) Proof satisfactory to the Division that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

(3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a certificate as a detoxification technician; and

(4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) Any fee prescribed by the Board pursuant to NRS 458.025 for the issuance of a certificate; and

(e) Any other information required by the Division.

3. Not later than 15 business days after receiving an application for a certificate by endorsement as a detoxification technician pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a certificate by endorsement as a detoxification technician to the applicant not later than:

(a) Forty-five days after receiving the application; or

(b) Ten days after the Division receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

(Added to NRS by 2015, 3039)

NRS 458.0256 Expedited certificate by endorsement as detoxification technician for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

1. Notwithstanding any regulations adopted pursuant to NRS 458.025, the Division may issue a certificate by endorsement as a detoxification technician to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a certificate if the applicant:

(a) Holds a corresponding valid and unrestricted certificate as a detoxification technician in the District of Columbia or any state or territory of the United States; and

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

2. An applicant for a certificate by endorsement pursuant to this section must submit to the Division with his or her application:

(a) Proof satisfactory to the Division that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

(3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a certificate as a detoxification technician; and

(4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) Any fee prescribed by the Board pursuant to NRS 458.025 for the issuance of a certificate; and

(e) Any other information required by the Division.

3. Not later than 15 business days after receiving an application for a certificate by endorsement as a detoxification technician pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a certificate by endorsement as a detoxification technician to the applicant not later than:

(a) Forty-five days after receiving all the additional information required by the Division to complete the application; or

(b) Ten days after the Division receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

4. At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Division may grant a provisional certificate authorizing an applicant to practice as a detoxification technician in accordance with regulations adopted by the Board.

5. If an applicant submits an application for a certificate by endorsement pursuant to this section, the Division shall collect not more than one-half of any fee prescribed by the Board pursuant to NRS 458.025 for the initial issuance of the certificate.

6. As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

(Added to NRS by 2015, 3920)

NRS 458.0258 Certification of detoxification technician: Petition to determine if criminal history will disqualify person from obtaining certificate; fee; posting of requirements for certificate and list of disqualifying crimes on Internet; report.

1. The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate as a detoxification technician pursuant to NRS 458.025.

2. Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a certificate. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

3. The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

4. A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Division.

5. A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

6. The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

7. The Division may post on its Internet website:

(a) The requirements to obtain a certification from the Division; and

(b) A list of crimes, if any, that would disqualify a person from obtaining a certification from the Division.

8. The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

(a) The Central Repository for Nevada Records of Criminal History; and

(b) The Federal Bureau of Investigation.

9. A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

10. The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

(a) The number of petitions submitted to the Division pursuant to subsection 1;

(b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

(c) The reasons for such determinations; and

(d) Any other information that is requested by the Director or which the Division determines would be helpful.

11. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

(Added to NRS by 2019, 2930)

NRS 458.026 Certification of detoxification technician: Statement by applicant concerning payment of child support; grounds for denial of certification; duty of Administrator. [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 restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. An applicant for the issuance or renewal of his or her certification as a detoxification technician must submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Division shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or

(b) A separate form prescribed by the Division.

3. The certification of a person as a detoxification technician may not be issued or renewed by the Division if the applicant:

(a) Fails to complete or submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2059; A 1999, 1268, 3067; 2001, 132, 133, 420, 442, 1910, 2520; R 2003, 1169; A 2005, 22nd Special Session, 59; 2015, 2278)

NRS 458.027 Certification of detoxification technician: Suspension of certification for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification. [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 restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as a detoxification technician, the Division shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Division shall reinstate the certification of a person as a detoxification technician that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2060; A 1999, 1268, 3068; 2001, 421, 443, 1911, 2521; R 2003, 1169; A 2005, 22nd Special Session, 59; 2015, 2278)

NRS 458.028 Certification of detoxification technician: Application to include social security number. [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 restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] An application for the certification of a detoxification technician must include the social security number of the applicant.

(Added to NRS by 1997, 2060; A 1999, 1269, 3068; 2001, 1911, 2521; R 2003, 1169; 2015, 2278)

NRS 458.029 Application for renewal of certificate: Information concerning state business license required; conditions which require denial.

1. In addition to any other requirements set forth in this chapter, an applicant for the renewal of certification as a detoxification technician must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

2. Certification as a detoxification technician may not be renewed by the Division if:

(a) The applicant fails to submit the information required by subsection 1; or

(b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

(1) Satisfied the debt;

(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

(3) Demonstrated that the debt is not valid.

3. As used in this section:

(a) “Agency” has the meaning ascribed to it in NRS 353C.020.

(b) “Debt” has the meaning ascribed to it in NRS 353C.040.

(Added to NRS by 2013, 2732; A 2015, 2278)

NRS 458.031 Administration of chapter. The Division shall administer the provisions of this chapter as the sole agency of the State of Nevada for that purpose.

(Added to NRS by 1973, 1397; A 1997, 3076; 1999, 3069; 2001, 421; 2003, 1455; 2005, 22nd Special Session, 60)

NRS 458.035 Power of Division to contract. The Division may contract with any appropriate public or private agency, organization or institution to carry out the provisions of this chapter.

(Added to NRS by 1973, 1398; A 1997, 3076; 1999, 3069; 2001, 421; 2005, 22nd Special Session, 60)

NRS 458.055 Confidential information.

1. To preserve the confidentiality of any information concerning persons applying for or receiving any services pursuant to this chapter, the Division may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the Division.

2. Wherever information concerning persons applying for and receiving any services pursuant to this chapter is furnished to or held by any other government agency or a public or private institution, the use of that information by the agency or institution is subject to the rules established by the Division pursuant to subsection 1.

3. Except as otherwise provided in NRS 442.300 to 442.330, inclusive, and 449A.103 and chapter 629 of NRS and except for purposes directly connected with the administration of this chapter, a person shall not disclose, use or authorize the disclosure of any confidential information concerning a person receiving services pursuant to this chapter.

(Added to NRS by 1973, 1398; A 1991, 2350; 1997, 3077; 1999, 3069, 3514; 2001, 421; 2003, 1455; 2005, 22nd Special Session, 60)

NRS 458.080 Financial assistance for treatment provider. The Division may, by contracting with organized groups, render partial financial assistance for treatment providers established by these groups. Each such contract must contain a provision allowing for an audit of all accounts, books and other financial records of the organization with which the agency contracts.

(Added to NRS by 1960, 307; A 1963, 1028; 1971, 90; 1973, 1400, 1669; 1975, 316; 2001, 421; 2005, 22nd Special Session, 60; 2015, 747)

NRS 458.091 Admission to and treatment in hospital of person with an alcohol or other substance use disorder. Persons with alcohol or other substance use disorders must be admitted to public or private general medical hospitals which receive federal or state money for programs for alcohol or other substance use disorders, and must be treated in those hospitals on the basis of their medical need. No general medical hospital that violates this section is eligible to receive further federal or state assistance pursuant to this chapter.

(Added to NRS by 1973, 1398; A 1997, 3077; 1999, 3069)

NRS 458.094 Use of certain money to provide programs to persons referred by agencies which provide child welfare services. [Effective through June 30, 2020.] The Division shall use any money not needed to carry out the provisions of chapter 453A of NRS to provide programs for alcohol or other substance use disorders to persons referred to the Division by agencies which provide child welfare services as authorized pursuant to NRS 453A.730.

(Added to NRS by 2011, 2854; A 2013, 3064)

NRS 458.094 Use of certain money to provide programs to persons referred by agencies which provide child welfare services. [Effective July 1, 2020.] The Division shall use any money not needed to carry out the provisions of chapter 678C of NRS to provide programs for alcohol or other substance use disorders to persons referred to the Division by agencies which provide child welfare services as authorized pursuant to NRS 678C.830.

(Added to NRS by 2011, 2854; A 2013, 3064; 2019, 3880, effective July 1, 2020)

NRS 458.097 Use and allocation of certain money for increase of services.

1. Money received by the Division pursuant to NRS 369.174 must be used to increase services for the prevention of alcohol or other substance use disorders and for the detoxification and rehabilitation of persons with an alcohol or other substance use disorder. In allocating the money for the increase of services, the Division shall give priority to:

(a) The areas where there exists a shortage of services for the treatment of alcohol use disorders. The Division shall determine the areas of shortage on the basis of data available from state and local agencies, data contained in the comprehensive state plan for programs for alcohol or other substance use disorders, and other appropriate data.

(b) The needs of counties to provide:

(1) Civil protective custody, pursuant to NRS 458.270, for persons who are found in public places while under the influence of alcohol; and

(2) Secure detoxification units or other appropriate facilities for persons who are arrested or taken into custody while under the influence of a controlled substance.

(c) Programs for alcohol or other substance use disorders that are primarily directed toward the prevention of such disorders.

2. As used in this section, “secure detoxification unit” has the meaning ascribed to it in NRS 458.175.

(Added to NRS by 1981, 896; A 1997, 781; 2001, 422; 2003, 1455; 2005, 22nd Special Session, 60)

NRS 458.098 Tax on Liquor Program Account.

1. The Tax on Liquor Program Account is hereby created in the State General Fund.

2. Money in the Account that is received pursuant to NRS 369.174 must be used for the purposes specified in NRS 458.097.

3. All claims must be approved by the Administrator before they are paid.

(Added to NRS by 1999, 21; A 2001, 422)

NRS 458.100 State Grant and Gift Account for Alcohol or Other Substance Use Disorders.

1. All gifts or grants of money for a program for alcohol or other substance use disorders which the Division is authorized to accept must be deposited in the State Treasury for credit to the State Grant and Gift Account for Alcohol or Other Substance Use Disorders which is hereby created in the Department of Health and Human Services’ Gift Fund.

2. Subject to the limitations set forth in NRS 458.094, money in the Account must be used to carry out the provisions of this chapter.

3. All claims must be approved by the Administrator before they are paid.

(Added to NRS by 1960, 307; A 1963, 968; 1973, 1400; 1975, 261; 1979, 623; 1981, 79, 896; 1993, 1629; 1997, 3077; 1999, 21, 1876, 3069; 2001, 219, 422; 2005, 22nd Special Session, 61; 2011, 2854)

NRS 458.103 Division authorized to accept public money. The Division may accept:

1. Money appropriated and made available by any act of Congress for any program for alcohol or other substance use disorder administered by the Division as provided by law.

2. Money appropriated and made available by the State of Nevada or by a county, a city, a public district or any political subdivision of this State for any program for alcohol or other substance use disorder administered by the Division as provided by law.

(Added to NRS by 1963, 834; A 1973, 1400; 1975, 261; 2001, 422; 2005, 22nd Special Session, 61; 2011, 2854; 2013, 3064)

NRS 458.104 Temporary advance from State General Fund.

1. If the Administrator determines that current claims exceed the amount of money available to the Division because of a delay in the receipt of money from federal grants, the Administrator may request from the Director of the Office of Finance a temporary advance from the State General Fund for the payment of authorized expenses.

2. The Director of the Office of Finance shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Office of Finance.

3. An advance from the State General Fund:

(a) Must be approved by the Director of the Office of Finance for use pursuant to NRS 458.080; and

(b) Is limited to 25 percent of the revenue expected to be received in the current fiscal year from any source other than legislative appropriation.

4. Any money which is temporarily advanced from the State General Fund to the Division pursuant to this section must be repaid by August 31 following the end of the fiscal year during which the money was advanced.

(Added to NRS by 1991, 1174; A 1993, 1629; 2001, 422; 2005, 22nd Special Session, 61)

NRS 458.105 Fees for sale of miscellaneous printed material. The Division may fix and collect reasonable fees for the sale of miscellaneous printed materials pertaining to alcohol or other substance use disorders which are purchased or prepared by the Division. The fees must be deposited in the State Treasury to the credit of the General Fund.

(Added to NRS by 1963, 834; A 1973, 1401; 1975, 261; 2001, 423; 2005, 22nd Special Session, 61)

NRS 458.110 Additional powers of Division. In addition to the activities set forth in NRS 458.025 to 458.115, inclusive, the Division may engage in any activity necessary to effectuate the purposes of this chapter.

(Added to NRS by 1960, 307; A 1963, 968; 1973, 1401; 1985, 295; 1997, 3077; 1999, 3070; 2001, 423; 2005, 22nd Special Session, 62; 2019, 1680)

NRS 458.112 Prohibition on certain activities related to marketing of treatment provider, facility or operator of program for alcohol or other substance use disorder; exception; penalty.

1. A treatment provider, a facility or an operator of a program for alcohol or other substance use disorder, or a person who provides any form of advertising or marketing services on behalf of such a provider, facility or operator, shall not:

(a) Make a false or misleading statement or provide false or misleading information about the products, goods, services or geographical locations of the treatment provider, facility or program for alcohol or other substance use disorder in the marketing, advertising materials or media or on the Internet website of the treatment provider, facility or operator of the program for alcohol or other substance use disorder;

(b) Post or otherwise allow on the Internet website of the treatment provider, facility or program for alcohol or other substance use disorder false information or electronic links, coding or activation that provides false information or that surreptitiously directs the reader to another Internet website;

(c) Solicit, receive or attempt to solicit or receive a commission, benefit, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in or attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgment of treatment from the treatment provider, facility or operator of the program for alcohol or other substance use disorder; or

(d) Enter into a contract with a person who provides marketing services who agrees to generate referrals or leads for the placement of patients with the treatment provider, facility or operator of the program for alcohol or other substance use disorder through a call center or web-based presence, unless the treatment provider, facility or operator of the program provides to the prospective patient:

(1) A clear disclosure to inform the prospective patient that the person providing the marketing services represents a specific treatment provider, facility or operator of a program for alcohol or other substance use disorder which pays a fee to the person providing the marketing services and the identity of the treatment provider, facility or operator of a program represented by the person; and

(2) Instructions on the manner in which any list of treatment providers, facilities or programs for alcohol or other substance use disorders provided by the Division on its Internet website may be accessed.

2. The provisions of paragraph (d) of subsection 1 do not apply to a state agency, a contractor thereof or an entity that otherwise receives financial support from the State which refers a person to a treatment provider, facility or program for alcohol or other substance use disorders that is operated or financially supported by the State.

3. Any violation of the provisions of this section is a misdemeanor.

(Added to NRS by 2019, 1679)

NRS 458.115 Legislative appropriations; claims. Money to carry out the provisions of this chapter must be provided by direct legislative appropriation from the State General Fund and paid out on claims as other claims against the State are paid. All claims must be approved by the Administrator before they are paid.

(Added to NRS by 1961, 159; A 1963, 968; 1973, 1401; 1997, 3078; 1999, 3070; 2001, 423; 2003, 1456)

SERVICES FOR ADOLESCENTS

NRS 458.125 Requests for proposals; advancement of initial costs; staffing of Division.

1. The Division shall prepare requests for proposals for the provision by treatment providers of:

(a) Residential treatment of adolescents with substance use disorders;

(b) Outpatient treatment of adolescents with substance use disorders;

(c) Comprehensive evaluations of adolescents with problems relating to substance use disorders or mental illness, or both; and

(d) Transitional housing for adolescents with substance use disorders.

2. Upon accepting a proposal submitted in accordance with this section, the Division may advance not more than 8 percent of the amount of the proposal to the treatment provider that submitted the proposal to help defray the costs of starting the provision of the services, including, without limitation, the cost of beds, equipment and rental space for expansion.

3. The Division shall establish such requirements for the requests for proposals as it determines necessary.

4. The Division shall hire, to the extent of legislative authorization, such staff as it determines necessary to carry out the provisions of this section and NRS 458.131.

(Added to NRS by 1999, 1873; A 2001, 423; 2005, 22nd Special Session, 62; 2015, 747)

NRS 458.131 Biennial report of Division. The Division shall, on or before September 1 of each odd-numbered year, submit to the Director of the Department of Health and Human Services a report covering the biennium ending on June 30 of that year. The report must include:

1. The name of each treatment provider that received money pursuant to NRS 458.125 during the biennium, and the amount of money that each treatment provider received for each type of service provided;

2. If a treatment provider received money pursuant to NRS 458.125 during the biennium to help defray the costs of starting the provision of services, the name of the treatment provider, the amount of money received and an accounting of how the money was used;

3. The number of adolescents who received any of the services described in NRS 458.125 from those treatment providers during the biennium, and the number of adolescents who were receiving those services as of the end of the biennium; and

4. As of the end of the biennium:

(a) The number of adolescents on waiting lists to receive the services described in NRS 458.125; and

(b) An estimate of the number of other adolescents in this State who are in need of the services described in NRS 458.125.

(Added to NRS by 1999, 1873; A 2001, 423; 2005, 22nd Special Session, 62; 2015, 747)

PROTECTIVE CUSTODY OF PERSONS UNDER INFLUENCE OF CONTROLLED SUBSTANCE

NRS 458.175 Powers and duties of peace officers.

1. If a peace officer arrests or takes into custody a person who is found in any public place unlawfully under the influence of a controlled substance and in such a condition that the person is unable to exercise care for his or her health or safety or the health or safety of other persons, the peace officer may deliver the person to a licensed facility for the treatment of persons with substance use disorders or other appropriate facility for observation and care.

2. A person who is unlawfully under the influence of a controlled substance who is arrested or taken into custody by a peace officer must immediately be taken to a secure detoxification unit or other appropriate medical facility if the person’s condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.

3. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.

4. As used in this section, “secure detoxification unit” includes, without limitation, a detoxification unit in which the staff of the detoxification unit ensures the security of the detoxification unit.

(Added to NRS by 2003, 1454)

CIVIL PROTECTIVE CUSTODY OF PERSONS WITH AN ALCOHOL USE DISORDER

NRS 458.250 Legislative declaration of purpose. The Legislature finds and declares that the handling of persons with an alcohol use disorder within the criminal justice system is ineffective, whereas treating an alcohol use disorder as a health problem allows its prevention and treatment and relieves law enforcement agencies of a large and inappropriate burden. The provisions of NRS 458.250 to 458.280, inclusive, are intended to provide for the prevention of alcohol use disorders and the treatment of persons with an alcohol use disorder. The provisions of NRS 458.250 to 458.280, inclusive, are further intended to transfer the handling of public intoxication from statutes providing criminal sanctions, including, without limitation, loitering and vagrancy, to statutes providing for civil protective custody. To accomplish these purposes, the Department of Health and Human Services shall continue to direct itself to the problem of alcohol use disorders at large, attempting to combat the problem at the community level.

(Added to NRS by 1973, 1059; A 1975, 1145; 2001, 425)

NRS 458.260 Intoxication not public offense; exceptions.

1. Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:

(a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.

(b) Elements of an offense giving rise to a criminal penalty or civil sanction.

2. The provisions of subsection 1 do not apply to:

(a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;

(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and

(d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.

3. This section does not make intoxication an excuse or defense for any criminal act.

(Added to NRS by 1973, 1060; A 1975, 1145; 1983, 1088; 1997, 333; 1999, 3406; 2005, 169)

NRS 458.270 Procedure for placing person in civil protective custody.

1. Except as otherwise provided in subsection 7, a person who is found in any public place under the influence of alcohol, in such a condition that the person is unable to exercise care for his or her health or safety or the health or safety of other persons, must be placed under civil protective custody by a peace officer.

2. A peace officer may use upon such a person the kind and degree of force which would be lawful if the peace officer were effecting an arrest for a misdemeanor with a warrant.

3. If a licensed facility for the treatment of persons with an alcohol use disorder that has been certified by the Division for civil protective custody exists in the community where the person is found, the person must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his or her health and safety until he or she is no longer under the influence of alcohol. The person may not be required against his or her will to remain in a licensed facility, jail or detention facility longer than 48 hours.

4. An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if the condition of the person appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.

5. The placement of a person found under the influence of alcohol in civil protective custody must be:

(a) Recorded at the facility, jail or detention facility to which the person is delivered; and

(b) Communicated at the earliest practical time to the person’s family or next of kin if they can be located.

6. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.

7. The provisions of this section do not apply to a person who is apprehended or arrested for:

(a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;

(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and

(d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.

(Added to NRS by 1973, 1060; A 1975, 1145; 1989, 1181; 1997, 333; 1999, 3407; 2001, 425; 2005, 170; 2015, 748)

NRS 458.280 Records of treatment facility and treatment provider confidential; exceptions.

1. Except as otherwise provided in subsection 2, NRS 439.538, 442.300 to 442.330, inclusive, and 449A.103 and chapter 629 of NRS, the registration and other records of a treatment facility and treatment provider are confidential and must not be disclosed to any person not connected with the treatment facility or treatment provider without the consent of the patient.

2. The provisions of subsection 1 do not restrict the use of a patient’s records for the purpose of research into the causes and treatment of alcoholism if such information is:

(a) Not published in a way that discloses the patient’s name or other identifying information; or

(b) Disclosed pursuant to NRS 439.538.

(Added to NRS by 1975, 1144; A 1989, 2057; 1991, 2351; 1999, 3515; 2007, 1979; 2015, 749)

CIVIL COMMITMENT OF PERSONS WITH AN ALCOHOL OR OTHER SUBSTANCE USE DISORDER WHO HAVE BEEN CONVICTED OF CRIME

NRS 458.290 “Person with a substance use disorder” defined. [Effective through June 30, 2020.] As used in NRS 458.290 to 458.350, inclusive, unless the context otherwise requires, “person with a substance use disorder” means any person who habitually takes or otherwise uses any controlled substance, other than any maintenance dosage of a narcotic or habit-forming drug administered pursuant to chapter 453 of NRS, to the extent that the person endangers the health, safety or welfare of himself or herself or any other person.

(Added to NRS by 1975, 971; A 1987, 1553; R 2019, 4488, effective July 1, 2020)

NRS 458.300 Eligibility for assignment to program of treatment. [Effective through June 30, 2020.] Subject to the provisions of NRS 458.290 to 458.350, inclusive, a person with an alcohol or other substance use disorder who has been convicted of a crime is eligible to elect to be assigned by the court to a program of treatment for alcohol or other substance use disorders pursuant to NRS 453.580 before he or she is sentenced unless:

1. The crime is:

(a) A crime against the person punishable as a felony or gross misdemeanor as provided in chapter 200 of NRS;

(b) A crime against a child as defined in NRS 179D.0357;

(c) A sexual offense as defined in NRS 179D.097; or

(d) An act which constitutes domestic violence as set forth in NRS 33.018;

2. The crime is that of trafficking of a controlled substance;

3. The crime is a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430;

4. The person with the disorder has a record of two or more convictions of a crime described in subsection 1 or 2, a similar crime in violation of the laws of another state, or of three or more convictions of any felony;

5. Other criminal proceedings alleging commission of a felony are pending against the person with the disorder;

6. The person with the disorder is on probation or parole and the appropriate parole or probation authority does not consent to the election; or

7. The person with the disorder elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program of treatment not more than twice within the preceding 5 years.

(Added to NRS by 1975, 971; A 1981, 1331; 1983, 1089; 1985, 1751; 1987, 962, 1553; 1993, 1235; 1995, 235; 1999, 3408; 2005, 171, 2880; 2007, 2778, 2811; 2015, 749; R 2019, 4488, effective July 1, 2020)

NRS 458.310 Hearing to determine whether defendant should receive treatment. [Effective through June 30, 2020.]

1. If the court has reason to believe that a person who has been convicted of a crime is a person with an alcohol or drug use disorder, or the person states that he or she is a person with an alcohol or drug use disorder, and the court finds that the person is eligible to make the election provided for in NRS 458.300, the court shall hold a hearing before it sentences the person to determine whether or not the person should receive treatment under the supervision of a treatment provider approved by the court. The district attorney may present the court with any evidence concerning the advisability of permitting the person to make the election.

2. At the hearing the court shall advise the person that sentencing will be postponed if he or she elects to submit to treatment and is accepted for treatment by a treatment provider approved by the court. In offering the election, the court shall advise the person that:

(a) The court may impose any conditions upon the election of treatment that could be imposed as conditions of probation;

(b) If the person elects to submit to treatment and is accepted, he or she may be placed under the supervision of the treatment provider for a period of not less than 1 year nor more than 3 years;

(c) The court may order the person to be admitted to a residential treatment facility or to be provided with outpatient treatment in the community; and

(d) If the person satisfactorily completes treatment and satisfies the conditions upon the election of treatment, as determined by the court, the conviction will be set aside, but if the person does not satisfactorily complete the treatment and satisfy the conditions, he or she may be sentenced and the sentence executed.

(Added to NRS by 1975, 971; A 1977, 472; 1981, 1332; 1985, 1752; 1987, 962; 2015, 749; R 2019, 4488, effective July 1, 2020)

NRS 458.320 Examination of defendant; determination of acceptability for treatment; imposition of conditions; deferment of sentencing; payment of costs of treatment. [Effective through June 30, 2020.]

1. If the court, after a hearing, determines that a person is entitled to accept the treatment offered pursuant to NRS 458.310, the court shall order a treatment provider approved by the court to conduct an evaluation of the person to determine whether the person is a person with an alcohol or drug use disorder and is likely to be rehabilitated through treatment. The treatment provider shall report to the court the results of the evaluation and recommend whether the person should be placed under supervision for treatment.

2. If the court, acting on the report or other relevant information, determines that the person is not a person with an alcohol or drug use disorder, is not likely to be rehabilitated through treatment or is otherwise not a good candidate for treatment, the person may be sentenced and the sentence executed.

3. If the court determines that the person is a person with an alcohol or drug use disorder, is likely to be rehabilitated through treatment and is a good candidate for treatment, the court may:

(a) Impose any conditions to the election of treatment that could be imposed as conditions of probation;

(b) Defer sentencing until such time, if any, as sentencing is authorized pursuant to NRS 458.330; and

(c) Place the person under the supervision of a treatment provider approved by the court for treatment for not less than 1 year nor more than 3 years.

Ê The court may require such progress reports on the treatment of the person as it deems necessary. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.

4. A person who is placed under the supervision of a treatment provider approved by the court for treatment shall pay the cost of the program of treatment to which the person is assigned and the cost of any additional supervision that may be required, to the extent of his or her financial resources. The court may issue a judgment in favor of the treatment provider for the costs of the treatment and supervision which remain unpaid at the conclusion of the treatment. Such a judgment constitutes a lien in like manner as a judgment for money rendered in a civil action, but in no event may the amount of the judgment include any amount of the debt which was extinguished by the successful completion of community service pursuant to subsection 5.

5. If the person who is placed under the supervision of a treatment provider approved by the court for treatment does not have the financial resources to pay all of the related costs:

(a) The court shall, to the extent practicable, arrange for the person to be assigned to a program with a treatment provider that receives a sufficient amount of federal or state funding to offset the remainder of the costs; and

(b) The court may order the person to perform supervised community service in lieu of paying the remainder of the costs relating to the treatment and supervision of the person. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the community service, unless, in the case of industrial insurance, it is provided by the authority for which the person performs the community service.

6. No person may be placed under the supervision of a treatment provider under this section unless the treatment provider accepts the person for treatment.

(Added to NRS by 1975, 972; A 1977, 472; 1981, 1332; 1985, 1752; 1987, 963; 1995, 235; 2001 Special Session, 142; 2015, 750; R 2019, 4488, effective July 1, 2020)

NRS 458.325 Completion of treatment under supervision of treatment provider in another jurisdiction. [Effective through June 30, 2020.]

1. If a court places a person under the supervision of a treatment provider to receive treatment for an alcohol or other substance use disorder pursuant to NRS 458.290 to 458.350, inclusive, the court may authorize the person to complete any period of treatment remaining under the supervision of a treatment provider in another jurisdiction if the court determines that:

(a) The person is eligible to receive treatment under a program of treatment in the other jurisdiction; and

(b) The program of treatment in the other jurisdiction is substantially similar to the program of treatment to which the person is assigned in this State.

2. As used in this section, “treatment provider in another jurisdiction” means a person or a public or private agency, residential treatment center, facility for the treatment of alcohol or other substance use disorders, or voluntary organization which holds a license, certificate or other credential issued by a regulatory agency in another jurisdiction.

(Added to NRS by 2015, 745; R 2019, 4488, effective July 1, 2020)

NRS 458.330 Deferment of sentencing; satisfaction of conditions for treatment; determination of transfer to another treatment provider or sentencing; sealing of records. [Effective through June 30, 2020.]

1. Whenever a person is placed under the supervision of a treatment provider, including a treatment provider in another jurisdiction pursuant to NRS 458.325, the person’s sentencing must be deferred and the person’s conviction must be set aside if:

(a) The treatment provider certifies to the court that the person has satisfactorily completed the treatment program; and

(b) The court approves the certification and determines that the conditions upon the election of treatment have been satisfied.

2. If, upon the expiration of the treatment period, the treatment provider has yet to certify that the person has completed his or her treatment program, the court shall sentence the person. If the person has satisfied the conditions to the election of treatment and the court believes that the person will complete his or her treatment on a voluntary basis, it may, in its discretion, set the conviction aside.

3. If, before the treatment period expires, the treatment provider determines that the person is not likely to benefit from further treatment with the treatment provider, it shall so advise the court. The court shall then:

(a) Arrange for the transfer of the person to a more suitable treatment provider, if any; or

(b) Terminate the supervision and conduct a hearing to determine whether the person should be sentenced.

Ê Whenever a person is sentenced under this section, time spent in inpatient treatment must be deducted from any sentence imposed.

4. Upon satisfactory completion of the treatment program, the court shall order sealed all documents, papers and exhibits in the person’s record, minute book entries and entries on dockets, and other documents related to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall order those records sealed without a hearing unless the prosecution petitions the court, for good cause shown, not to seal the records and requests a hearing thereon. When the court orders sealed the records of a person pursuant to this subsection, the court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order. The provisions of this subsection apply only to the offense for which the person has been placed into treatment pursuant to NRS 458.290 to 458.350, inclusive.

(Added to NRS by 1975, 972; A 1981, 1333; 1987, 964; 1995, 236; 2009, 421; 2015, 751; R 2019, 4488, effective July 1, 2020)

NRS 458.340 Civil commitment not criminal conviction. [Effective through June 30, 2020.] The determination of an alcohol or other substance use disorder and civil commitment pursuant to NRS 458.290 to 458.350, inclusive, shall not be deemed a criminal conviction.

(Added to NRS by 1975, 973; A 1981, 1333; R 2019, 4488, effective July 1, 2020)

NRS 458.350 State or political subdivision not required to provide treatment provider for treatment. [Effective through June 30, 2020.] The provisions of NRS 458.290 to 458.350, inclusive, do not require the State or any of its political subdivisions to establish or finance any treatment provider for the treatment of alcohol or other substance use disorders.

(Added to NRS by 1975, 973; A 1985, 1753; 2015, 752; R 2019, 4488, effective July 1, 2020)