Nevada § 200.5093 - Report of abuse, neglect, exploitation, isolation or abandonment of older person or vulnerable person; voluntary and mandatory reports; investigation; penalty

§ 200.5093. Report of abuse, neglect, exploitation, isolation or abandonment of older person or vulnerable person; voluntary and mandatory reports; investigation; penalty

1. Any person who is described in subsection 4 and who, in a professional or occupational

capacity, knows or has reasonable cause to believe that an older person or vulnerable

person has been abused, neglected, exploited, isolated or abandoned shall: (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation,

isolation or abandonment of the older person or vulnerable person to: (1) The local office of the Aging and Disability Services Division of the Department

of Health and Human Services; (2) A police department or sheriff's office; or (3) A toll-free telephone service designated by the Aging and Disability Services

Division of the Department of Health and Human Services; and (b) Make such a report as soon as reasonably practicable but not later than 24 hours

after the person knows or has reasonable cause to believe that the older person or

vulnerable person has been abused, neglected, exploited, isolated or abandoned. 2. If a person who is required to make a report pursuant to subsection 1 knows or

has reasonable cause to believe that the abuse, neglect, exploitation, isolation or

abandonment of the older person or vulnerable person involves an act or omission of

the Aging and Disability Services Division, another division of the Department of

Health and Human Services or a law enforcement agency, the person shall make the report

to an agency other than the one alleged to have committed the act or omission. 3. Each agency, after reducing a report to writing, shall forward a copy of the report

to the Aging and Disability Services Division of the Department of Health and Human

Services and the Unit for the Investigation and Prosecution of Crimes. 4. A report must be made pursuant to subsection 1 by the following persons: (a) Every physician, dentist, dental hygienist, expanded function dental assistant,

chiropractic physician, naprapath, optometrist, podiatric physician, medical examiner,

resident, intern, professional or practical nurse, physician assistant licensed pursuant

to chapter 630 or 633 of NRS , anesthesiologist assistant, perfusionist, psychiatrist, psychologist, marriage and

family therapist, clinical professional counselor, clinical alcohol and drug counselor,

alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance,

paramedic, licensed dietitian, holder of a license or a limited license issued under

the provisions of chapter 653 of NRS , behavior analyst, assistant behavior analyst, registered behavior technician, peer

recovery support specialist, as defined in NRS 433.627 , peer recovery support specialist supervisor, as defined in NRS 433.629 , or other person providing medical services licensed or certified to practice in

this State, who examines, attends or treats an older person or vulnerable person who

appears to have been abused, neglected, exploited, isolated or abandoned. (b) Any personnel of a hospital or similar institution engaged in the admission, examination,

care or treatment of persons or an administrator, manager or other person in charge

of a hospital or similar institution upon notification of the suspected abuse, neglect,

exploitation, isolation or abandonment of an older person or vulnerable person by

a member of the staff of the hospital. (c) A coroner. (d) Every person who maintains or is employed by an agency to provide personal care

services in the home. (e) Every person who maintains or is employed by an agency to provide nursing in the

home. (f) Every person who operates, who is employed by or who contracts to provide services

for an intermediary service organization as defined in NRS 449.4304 . (g) Any employee of the Department of Health and Human Services, except the State

Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a

report pursuant to 45 C.F.R. § 1321.11 . (h) Any employee of a law enforcement agency or a county's office for protective services

or an adult or juvenile probation officer. (i) Any person who maintains or is employed by a facility or establishment that provides

care for older persons or vulnerable persons. (j) Any person who maintains, is employed by or serves as a volunteer for an agency

or service which advises persons regarding the abuse, neglect, exploitation, isolation

or abandonment of an older person or vulnerable person and refers them to persons

and agencies where their requests and needs can be met. (k) Every social worker. (l) Any person who owns or is employed by a funeral home or mortuary. (m) Every person who operates or is employed by a community health worker pool, as

defined in NRS 449.0028 , or with whom a community health worker pool contracts to provide the services of

a community health worker, as defined in NRS 449.0027 . (n) Every person who is enrolled with the Division of Health Care Financing and Policy

of the Department of Health and Human Services to provide doula services to recipients

of Medicaid pursuant to NRS 422.27177 . 5. A report may be made by any other person. 6. If a person who is required to make a report pursuant to subsection 1 knows or

has reasonable cause to believe that an older person or vulnerable person has died

as a result of abuse, neglect, isolation or abandonment, the person shall, as soon

as reasonably practicable, report this belief to the appropriate medical examiner

or coroner, who shall investigate the cause of death of the older person or vulnerable

person and submit to the appropriate local law enforcement agencies, the appropriate

prosecuting attorney, the Aging and Disability Services Division of the Department

of Health and Human Services and the Unit for the Investigation and Prosecution of

Crimes his or her written findings. The written findings must include the information required pursuant to the provisions

of NRS 200.5094 , when possible. 7. A division, office or department which receives a report pursuant to this section

shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office

or department, other than the Aging and Disability Services Division of the Department

of Health and Human Services, must be forwarded within 30 days after the completion

of the report to the: (a) Aging and Disability Services Division; (b) Repository for Information Concerning Crimes Against Older Persons or Vulnerable

Persons created by NRS 179A.450 ; and (c) Unit for the Investigation and Prosecution of Crimes. 8. If the investigation of a report results in the belief that an older person or

vulnerable person is abused, neglected, exploited, isolated or abandoned, the Aging

and Disability Services Division of the Department of Health and Human Services or

the county's office for protective services may provide protective services to the

older person or vulnerable person if the older person or vulnerable person is able

and willing to accept them. 9. A person who knowingly and willfully violates any of the provisions of this section

is guilty of a misdemeanor. 10. As used in this section, “ Unit for the Investigation and Prosecution of Crimes ” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons

or Vulnerable Persons in the Office of the Attorney General created pursuant to NRS 228.265 .