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Nevada Revised Statutes Title 39. Mental Health § 433.5493. Use of physical restraint on consumer; requirements; exceptions; report as denial of rights

Current as of January 01, 2025 | Updated by Findlaw Staff

1. Except as otherwise provided in subsection 2, physical restraint may be used on a person with a disability who is a consumer only if:

(a) An emergency exists that necessitates the use of physical restraint;

(b) The physical restraint is used only for the period that is necessary to contain the behavior of the consumer so that the consumer is no longer an immediate threat of causing physical injury to himself or herself or others or causing severe property damage; and

(c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a person with a disability who is a consumer and the provisions of subsection 1 do not apply if the physical restraint is used to:

(a) Assist the consumer in completing a task or response if the consumer does not resist the application of physical restraint or if the consumer's resistance is minimal in intensity and duration;

(b) Escort or carry a consumer to safety if the consumer is in danger in his or her present location; or

(c) Conduct medical examinations or treatments on the consumer that are necessary.

3. If physical restraint is used on a person with a disability who is a consumer in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610, as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

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Cite this article: FindLaw.com - Nevada Revised Statutes Title 39. Mental Health § 433.5493. Use of physical restraint on consumer; requirements; exceptions; report as denial of rights - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-39-mental-health/nv-rev-st-433-5493/

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