[Rev. 11/21/2013 11:52:23 AM--2013]

CHAPTER 458 - ABUSE OF ALCOHOL AND DRUGS

GENERAL PROVISIONS

NRS 458.010           Definitions. [Effective until the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation.]

NRS 458.010           Definitions. [Effective on the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation.]

ALCOHOL AND DRUG ABUSE PROGRAMS

NRS 458.025           Operation of state plan; certification of detoxification technicians, facilities and programs. [Effective until the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation.]

NRS 458.025           Operation of state plan; certification of facilities and programs. [Effective on the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation.]

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 the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation, or 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 the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation, or 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 the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation, or 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 business license required; conditions which require denial. [Effective January 1, 2014, and until the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective.]

NRS 458.031           Administration of NRS 458.010 to 458.350, inclusive.

NRS 458.035           Power of Division to contract.

NRS 458.055           Confidential information.

NRS 458.080           Financial assistance to organization operating facility.

NRS 458.091           Treatment in hospital for abuser of alcohol or drugs.

NRS 458.094           Use of certain money to provide programs to persons referred by agencies which provide child welfare services.

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 and Drug Abuse.

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 458.115           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 ABUSERS OF ALCOHOL

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 facility for treatment confidential; exceptions.

CIVIL COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS CONVICTED OF CRIME

NRS 458.290           “Drug addict” defined.

NRS 458.300           Eligibility for assignment to program of treatment.

NRS 458.310           Hearing to determine whether defendant should receive treatment.

NRS 458.320           Examination of defendant; determination of acceptability for treatment; imposition of conditions; deferment of sentencing; payment of costs of treatment.

NRS 458.330           Deferment of sentencing; satisfaction of conditions for treatment; determination of transfer to another facility or sentencing; sealing of records.

NRS 458.340           Civil commitment not criminal conviction.

NRS 458.350           State or political subdivision not required to provide facility for treatment.

_________

_________

GENERAL PROVISIONS

      NRS 458.010  Definitions. [Effective until the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation.]  As used in NRS 458.010 to 458.350, inclusive, unless the context requires otherwise:

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

      2.  “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

      3.  “Alcohol and drug abuser” 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.

      4.  “Alcoholic” 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.

      5.  “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.

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

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

      8.  “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

      (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, 1454; 2005, 22nd Special Session, 56; 2011, 2854; 2013, 3063)

      NRS 458.010  Definitions. [Effective on the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation.]  As used in NRS 458.010 to 458.350, inclusive, unless the context requires otherwise:

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

      2.  “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

      3.  “Alcohol and drug abuser” 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.

      4.  “Alcoholic” 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.

      5.  “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.

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

      7.  “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

      (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, effective on the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation)

ALCOHOL AND DRUG ABUSE PROGRAMS

      NRS 458.025  Operation of state plan; certification of detoxification technicians, facilities and programs. [Effective until the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation.]  The Division:

      1.  Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:

      (a) A survey of the need for prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout this State.

      (b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.

      (c) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, 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 alcohol and drug abuse programs and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for alcohol and drug abuse programs.

      2.  Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of alcohol and drug abuse programs in this State.

      3.  Must be consulted in the planning of projects and advised of all applications for grants from within this State which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.

      4.  Shall certify or deny certification of detoxification technicians or any facilities or programs on the basis of the standards established by the Division 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 alcohol and drug abuse programs. The Division 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.

      5.  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 subsection 4.

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

      NRS 458.025  Operation of state plan; certification of facilities and programs. [Effective on the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation.]  The Division:

      1.  Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:

      (a) A survey of the need for prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout this State.

      (b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.

      (c) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, 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 alcohol and drug abuse programs and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for alcohol and drug abuse programs.

      2.  Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of alcohol and drug abuse programs in this State.

      3.  Must be consulted in the planning of projects and advised of all applications for grants from within this State which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.

      4.  Shall certify or deny certification of any facilities or programs on the basis of the standards established by the Division pursuant to this section, and publish a list of certified facilities and programs. Any facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The Division shall adopt regulations which may prescribe the fees for the certification of facilities or programs. A fee prescribed pursuant to this subsection 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.

      5.  Upon request from a facility which is self-supported, may certify the facility and its programs and add them to the list described in subsection 4.

      (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, effective on the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation)

      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 the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation, or 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)

      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 the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation, or 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)

      NRS 458.028  Certification of detoxification technician: Application to include social security number. [Effective until the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective, unless a later date is otherwise specified in the regulation, or 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)

      NRS 458.029  Application for renewal of certificate: Information concerning business license required; conditions which require denial. [Effective January 1, 2014, and until the date the regulation adopted by the Board of Examiners for Alcohol, Drug and Gambling Counselors for the certification of a person as a detoxification technician pursuant to NRS 641C.500 becomes effective.]

      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 state business license 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, effective January 1, 2014)

      NRS 458.031  Administration of NRS 458.010 to 458.350, inclusive.  The Division shall administer the provisions of NRS 458.010 to 458.350, inclusive, 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 NRS 458.010 to 458.350, inclusive.

      (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 NRS 458.010 to 458.350, inclusive, 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 NRS 458.010 to 458.350, inclusive, 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 449.705 and chapter 629 of NRS and except for purposes directly connected with the administration of NRS 458.010 to 458.350, inclusive, a person shall not disclose, use or authorize the disclosure of any confidential information concerning a person receiving services pursuant to NRS 458.010 to 458.350, inclusive.

      (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 to organization operating facility.  The Division may, by contracting with organized groups, render partial financial assistance in the operation of facilities 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)

      NRS 458.091  Treatment in hospital for abuser of alcohol or drugs.  Alcohol and drug abusers must be admitted to public or private general medical hospitals which receive federal or state money for alcohol and drug abuse programs, 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 NRS 458.010 to 458.350, inclusive.

      (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.  The Division shall use any money not needed to carry out the provisions of chapter 453A of NRS to provide alcohol and drug abuse programs 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 458.097  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 and drug abuse and alcoholism and for the detoxification and rehabilitation of alcohol and drug abusers. 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 alcoholism and alcohol abuse. 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 alcohol and drug abuse programs, 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) Alcohol and drug abuse programs that are primarily directed toward the prevention of such abuse.

      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 and Drug Abuse.

      1.  All gifts or grants of money for an alcohol and drug abuse program 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 and Drug Abuse 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 NRS 458.010 to 458.350, inclusive.

      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 alcohol and drug abuse program 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 alcohol and drug abuse program 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 Department of Administration a temporary advance from the State General Fund for the payment of authorized expenses.

      2.  The Director of the Department of Administration 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 Department of Administration.

      3.  An advance from the State General Fund:

      (a) Must be approved by the Director of the Department of Administration 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 and drug abuse 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 NRS 458.010 to 458.350, inclusive.

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

      NRS 458.115  Legislative appropriations; claims.  Money to carry out the provisions of NRS 458.010 to 458.350, inclusive, 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 facilities of:

      (a) Residential treatment of adolescents who engage in substance abuse;

      (b) Outpatient treatment of adolescents who engage in substance abuse;

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

      (d) Transitional housing for adolescents who engage in substance abuse.

      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 facility 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)

      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 facility that received money pursuant to NRS 458.125 during the biennium, and the amount of money that each facility received for each type of service provided;

      2.  If a facility 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 facility, 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 facilities 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)

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 who abuse controlled substances 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 ABUSERS OF ALCOHOL

      NRS 458.250  Legislative declaration of purpose.  The Legislature finds and declares that the handling of alcohol abusers within the criminal justice system is ineffective, whereas treating alcohol abuse 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 abuse and the treatment of alcohol abusers. 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 abuse 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 who abuse alcohol 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)

      NRS 458.280  Records of facility for treatment confidential; exceptions.

      1.  Except as otherwise provided in subsection 2, NRS 439.538, 442.300 to 442.330, inclusive, and 449.705 and chapter 629 of NRS, the registration and other records of a treatment facility are confidential and must not be disclosed to any person not connected with the treatment facility 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)

CIVIL COMMITMENT OF ALCOHOLICS AND DRUG ADDICTS CONVICTED OF CRIME

      NRS 458.290  “Drug addict” defined.  As used in NRS 458.290 to 458.350, inclusive, unless the context otherwise requires, “drug addict” 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)

      NRS 458.300  Eligibility for assignment to program of treatment.  Subject to the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect to be assigned by the court to a program of treatment for the abuse of alcohol or drugs 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 alcoholic or drug addict 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 alcoholic or drug addict;

      6.  The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to the election; or

      7.  The alcoholic or drug addict 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)

      NRS 458.310  Hearing to determine whether defendant should receive treatment.

      1.  If the court has reason to believe that a person who has been convicted of a crime is an alcoholic or drug addict, or the person states that he or she is an alcoholic or drug addict, 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 state-approved facility for the treatment of abuse of alcohol or drugs. 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 state-approved facility. 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 facility for a period of not less than 1 year nor more than 3 years;

      (c) During treatment the person may be confined in an institution or, at the discretion of the facility, released for treatment or supervised care 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)

      NRS 458.320  Examination of defendant; determination of acceptability for treatment; imposition of conditions; deferment of sentencing; payment of costs of treatment.

      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 an approved facility for the treatment of abuse of alcohol or drugs to conduct an examination of the person to determine whether the person is an alcoholic or drug addict and is likely to be rehabilitated through treatment. The facility shall report to the court the results of the examination 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 an alcoholic or drug addict, 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 an alcoholic or drug addict, 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 an approved facility 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.

      4.  A person who is placed under the supervision of an approved facility 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 court or facility for treatment 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 an approved facility 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 at a facility 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 facility under this section unless the facility 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)

      NRS 458.330  Deferment of sentencing; satisfaction of conditions for treatment; determination of transfer to another facility or sentencing; sealing of records.

      1.  Whenever a person is placed under the supervision of a treatment facility, the person’s sentencing must be deferred and the person’s conviction must be set aside if the treatment facility certifies to the court that the person has satisfactorily completed the treatment program, and 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 facility 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 facility determines that the person is not likely to benefit from further treatment at the facility, it shall so advise the court. The court shall then:

      (a) Arrange for the transfer of the person to a more suitable treatment facility, 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 institutional care 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)

      NRS 458.340  Civil commitment not criminal conviction.  The determination of alcoholism or drug addiction 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)

      NRS 458.350  State or political subdivision not required to provide facility for treatment.  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 facility for the treatment of abuse of alcohol or drugs.

      (Added to NRS by 1975, 973; A 1985, 1753)