Nev. Rev. Stat. § 432B.NEW

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 432B.NEW - [Newly enacted section not yet numbered] [Petition to authorize second examination; order; examination]
1. A child or a parent or guardian of the child who opposes a petition for the admission of a child alleged to be a child with emotional disturbance to a facility for nonemergency mental health treatment pursuant to subsection 3 of section 37 of this act may petition the court to authorize a second examination. The court shall authorize such a second examination upon receiving such a petition. Except as otherwise ordered by the court, a second examination must be completed not later than 45 business days after the court authorizes the examination and before any evidentiary hearing is conducted.
2. If the court authorizes a second examination of the child, the examination must:
(a) Be conducted by an independent physician, psychiatrist, psychologist or advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 who is not:
(1) The same physician, psychiatrist, psychologist or advanced practice registered nurse who completed a certificate pursuant to paragraph (a) of subsection 2 of section 37 of this act or a physician, psychologist, clinical social worker or advanced practice registered nurse who participated in the examination conducted pursuant to that paragraph; or
(2) Employed by, connected to or otherwise affiliated with:
(I) The person described in subparagraph (1) or any facility which employs that person; or
(II) Any facility into which the child may be placed;
(b) Include, without limitation:
(1) An evaluation of the diagnosis of the child, the risks of harm posed by the child to himself or herself or others and whether the child is capable of being safely and effectively treated in a less restrictive appropriate environment; and
(2) Recommendations concerning the placement of the child and the level of care required by the child; and
(c) Be paid for by the governmental entity that is responsible for the agency which provides child welfare services, if such payment is not otherwise provided by the State Plan for Medicaid.

NRS 432B.NEW

Added by 2023, Ch. 397,§39, eff. 10/1/2023, app. to any child in the custody of an agency which provides child welfare services who has been admitted to a facility and whose status is not that of an emergency consumer on or after 10/1/2023, regardless of the date on which he or she was admitted.