Nev. Admin. Code § 433.280 - Procedures for hearing by committee; recommendation of committee to director of facility
1. A patient who is
the subject of a hearing held pursuant to section 11 of LCB File No. R012-20
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 at serious risk of incurring
serious injury or illness resulting from complete neglect of his or her basic
need for food, clothing, shelter or personal safety 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 LCB File No.
R012-20.
Notes
NRS 433.324
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