1. Unless a more severe penalty is prescribed by specific statute, a person who willfully uses aversive intervention on a person with a disability who is a patient at a facility or, except as otherwise provided in NRS 449A.248, violates NRS 449A.236:
(a) For a first violation that does not result in substantial bodily harm to the person with a disability, is guilty of a gross misdemeanor.
(b) For a first violation that results in substantial bodily harm to the person with a disability, is guilty of a category B felony.
(c) For a second or subsequent violation, is guilty of a category B felony.
A person who is convicted of a category B felony pursuant to this section shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. A person who is convicted pursuant to this section is ineligible for 5 years for employment with a facility.
3. A conviction pursuant to this section is, when applicable, grounds for disciplinary action against the person so convicted and the facility where the violation occurred. The Division may recommend to the appropriate agency or board the suspension or revocation of the professional license, registration, certificate or permit of a person convicted.
(Added to NRS by 1999, 3251) — (Substituted in revision for NRS 449.783)
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