NAC449.2702. Written policy on admissions; eligibility for residency.

     1. Each residential facility shall have a written policy on admissions which includes:

     (a) A statement of nondiscrimination regarding admission to the facility and treatment after admission; and

     (b) The requirements for eligibility as a resident of that type of facility.

     2. A person who wishes to reside in a residential facility with residents that require a higher category of care than the person requires may reside in the facility if he or she is not otherwise prohibited from residing in the facility.

     3. A person who is admitted to a residential facility must be at least 18 years of age.

     4. Except as otherwise provided in NAC 449.275 and 449.2754, a residential facility shall not admit or allow to remain in the facility any person who:

     (a) Is bedfast;

     (b) Requires restraint;

     (c) Requires confinement in locked quarters; or

     (d) Requires skilled nursing or other medical supervision on a 24-hour basis.

     5. A person may not reside in a residential facility if the person’s physician or the Bureau determines that the person does not comply with the requirements for eligibility.

     6. As used in this section:

     (a) “Bedfast” means a condition in which a person is:

          (1) Incapable of changing his or her position in bed without the assistance of another person; or

          (2) Immobile.

     (b) “Restraint” means:

          (1) A psychopharmacologic drug that is used for discipline or convenience and is not required to treat medical symptoms;

          (2) A manual method for restricting a resident’s freedom of movement or the resident’s normal access to his or her body; or

          (3) A device or material or equipment which is attached to or adjacent to a resident’s body that cannot be removed easily by the resident and restricts the resident’s freedom of movement or the resident’s normal access to his or her body.

     [Bd. of Health, Group Care Facilities § 7.1, eff. 12-18-75; §§ 7.2-7.4.2, eff. 12-18-75; A 5-7-82; §§ 7.5-7.6.4, eff. 12-18-75]—(NAC A 3-6-86; 8-1-91; R003-97, 10-30-97; R073-03, 1-22-2004; R118-05, 11-17-2005)