Nevada § 433.5493 Use of physical restraint on consumer; requirements; exceptions; report as denial of rights

Nevada Statutes

§ 433.5493 — Use of physical restraint on consumer; requirements; exceptions; report as denial of rights

Nevada § 433.5493

Title 39MENTAL HEALTH

Ch. 433General

USE OF RESTRAINTS AND INTERVENTIONS

This text of Nevada § 433.5493 (Use of physical restraint on consumer; requirements; exceptions; report as denial of rights) is published on Counsel Stack Legal Research, covering Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nev. Rev. Stat. § 433.5493 (2026).

Text

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 th

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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.