What is a 72-Hour Hold in Nevada?

According to SCLG, a Nevada 72-hour hold, also known as an emergency admission, Legal 2000, or L2K, places individuals with mental illness under medical observation and treatment for up to three days [1].

The purpose of a 72-hour hold is to keep these patients safe while the next steps are determined. The hospital can release the patient, or the patient can decide to stay voluntarily, or else the hold can be extended with a district court order

Who Can Initiate a 72-Hour Hold in Nevada?

A 72-hour hold can be initiated by:

Law enforcement officers
Physicians and physician assistants
Psychologists
Marriage and family therapists
Clinical professional counselors
Social workers
Registered nurses

Authorized personnel can take the patient into custody without a warrant if there is probable cause for a mental health crisis and transport them to a psychiatric facility.

Criteria for a 72-Hour Hold

According to NRS 433A.0175 and NRS 433A.115, the individual must:

Have a mental illness
Present a substantial likelihood of serious harm to themselves or others without treatment

Exclusions include epilepsy, intellectual disability, dementia, delirium, intoxication, or addiction. During the hold, mental health professionals will assess the patient’s needs and plan appropriate treatments.

Process of a 72-Hour Hold in Nevada

Initiation and Transportation
In Nevada, a 72-hour hold begins when law enforcement or medical professionals identify an individual in a mental health crisis [2]. Law enforcement officers, upon establishing probable cause, can initiate the hold if the person displays severe mental disturbance or poses a risk of harm to themselves or others.

The individual is then transported to a designated psychiatric hospital or mental health facility, sometimes under a warrant to ensure legal compliance. Medical professionals accompany the process to ensure safety.

Examination and Treatment
Upon arrival at the mental health facility, the individual undergoes a thorough examination and evaluation by mental health professionals. These professionals, including psychiatrists, psychologists, and other qualified healthcare providers, assess the person’s mental state, obtain initial opinions, and consider any pertinent medical or psychological history.

This plan may involve counseling, medication management, and therapy, all while considering the individual’s cultural background and personal preferences to ensure the best possible outcomes.

Civil Commitment Proceedings
If the initial 72-hour hold is insufficient, mental health professionals may seek a civil commitment for extended care. This requires a district court order, supported by evidence of the individual’s ongoing mental health crisis.

The proceedings must occur within a few judicial days, during which the person has the right to legal representation. The court reviews testimony and evidence, making a decision based on clear and convincing evidence. If further intervention is necessary, the court can extend the hold or impose a longer commitment, always ensuring the individual’s confidentiality and privacy.

What Happens After 72 Hours?

Under NRS 433A.150, there are three outcomes:

The patient is released
The patient voluntarily stays
The hold is extended by a district court order

A district court hearing must occur within six judicial days if an involuntary commitment is pursued. The court will order the commitment if clear and convincing evidence supports the need for continued treatment. Involuntary admissions last up to six months unless ended earlier or renewed.

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References:
1. https://www.shouselaw.com/nv/blog/criminal-defense/what-is-a-nevada-72-hour-hold/
2. https://www.reveallaw.com/keeping-loved-ones-safe-understanding-nevadas-72-hour-holds/

Nevada 72 Hour Hold Explained: What You Need to Know