Nevada § 629.550 - Duty to place patient who communicates certain threats on mental health crisis hold or petition court to order such hold or to make reasonable effort to timely communicate threats to certain persons; civil or criminal liability or disciplinary action

§ 629.550. Duty to place patient who communicates certain threats on mental health crisis hold or petition court to order such hold or to make reasonable effort to timely communicate threats to certain persons; civil or criminal liability or disciplinary action

1. If a patient communicates to a mental health professional an explicit threat of

imminent serious physical harm or death to a clearly identified or identifiable person

and, in the judgment of the mental health professional, the patient has the intent

and ability to carry out the threat, the mental health professional shall place the

patient on a mental health crisis hold pursuant to NRS 433A.160 , petition for a court to order the placement of the patient on a mental health crisis

hold pursuant to NRS 433A.155 or make a reasonable effort to communicate the threat in a timely manner to: (a) The person who is the subject of the threat; (b) The law enforcement agency with the closest physical location to the residence

of the person; and (c) If the person is a minor, the parent or guardian of the person. 2. A mental health professional shall be deemed to have made a reasonable effort to

communicate a threat pursuant to subsection 1 if: (a) The mental health professional actually communicates the threat in a timely manner;

or (b) The mental health professional makes a good faith attempt to communicate the threat

in a timely manner and the failure to actually communicate the threat in a timely

manner does not result from the negligence or recklessness of the mental health professional. 3. A mental health professional who exercises reasonable care in determining that

he or she: (a) Has a duty to take an action described in subsection 1 is not subject to civil

or criminal liability or disciplinary action by a professional licensing board for

disclosing confidential or privileged information. (b) Does not have a duty to take an action described in subsection 1 is not subject

to civil or criminal liability or disciplinary action by a professional licensing

board for any damages caused by the actions of a patient. 4. The provisions of this section do not: (a) Limit or affect the duty of the mental health professional to report child abuse

or neglect pursuant to NRS 432B.220 or the commercial sexual exploitation of a child pursuant to NRS 432C.110 ; or (b) Modify any duty of a mental health professional to take precautions to prevent

harm by a patient: (1) Who is in the custody of a hospital or other facility where the mental health

professional is employed; or (2) Who is being discharged from such a facility. 5. As used in this section, “ mental health professional ” includes: (a) A physician or psychiatrist licensed to practice medicine in this State pursuant

to chapter 630 or 633 of NRS; (b) A psychologist who is licensed to practice psychology pursuant to chapter 641

of NRS or authorized to practice psychology in this State pursuant to the Psychology

Interjurisdictional Compact enacted in NRS 641.227 ; (c) A social worker who: (1) Holds a master's degree in social work; (2) Is licensed as a clinical social worker pursuant to chapter 641B of NRS ; and (3) Is employed by the Division of Public and Behavioral Health of the Department

of Health and Human Services; (d) A registered nurse who: (1) Is licensed to practice professional nursing pursuant to chapter 632 of NRS;

and (2) Holds a master's degree in psychiatric nursing or a related field; (e) A marriage and family therapist licensed pursuant to chapter 641A of NRS ; (f) A clinical professional counselor licensed pursuant to chapter 641A of NRS ; and (g) A person who is working in this State within the scope of his or her employment

by the Federal Government, including, without limitation, employment with the Department

of Veterans Affairs, the military or the Indian Health Service, and is: (1) Licensed or certified as a physician, psychologist, marriage and family therapist,

clinical professional counselor, alcohol and drug counselor or clinical alcohol and

drug counselor in another state; (2) Licensed as a social worker in another state and holds a master's degree in social

work; or (3) Licensed to practice professional nursing in another state and holds a master's

degree in psychiatric nursing or a related field.