The Revised Uniform Anatomical Gift Act establishes the rights of donors and other persons to affirmatively make anatomical gifts of human bodies and parts for the purpose of transplantation, therapy, research or education. The Uniform Act also sets forth various requirements and procedures for making, amending, revoking and refusing to make anatomical gifts. (NRS 451.500-451.598) The Uniform Act authorizes: (1) a donor, an agent or guardian of a donor or the parent or guardian of a donor who is a minor to make an anatomical gift of the donor's body while the donor is still alive; and (2) certain classes of persons to make an anatomical gift of a decedent's body or part, in order of priority and subject to certain limitations. (NRS 451.556, 451.566) Section 1 of this bill authorizes a coroner or medical examiner to release and authorize the removal of part or all of a body in his or her custody for the purpose of transplantation upon the request of a procurement organization if: (1) the part or body is the subject of a valid anatomical gift; (2) the coroner or medical examiner has no evidence of the decedent having communicated a desire that his or her body or part not become anatomical gifts; (3) the procurement organization demonstrates it has made a reasonable effort to determine whether any other person in a class authorized to make an anatomical gift of the decedent's body or part is reasonably available; and (4) no person in a class authorized to make an anatomical gift of the decedent's body or part who is reasonably available objects to the making of an anatomical gift. Section 1 immunizes a coroner or medical examiner from civil or criminal liability for any act or omission in accordance with the provisions of section 1. Sections 2-4, 6 and 7 of this bill make conforming changes to indicate the proper placement of section 1 in the Nevada Revised Statutes. If no other person authorized to make an anatomical gift of a decedent's body or part for the purpose of transplantation, therapy, research or education is reasonably available, the Uniform Act authorizes any other person having the authority to dispose of the decedent's body to make an anatomical gift. (NRS 451.566) Section 5 of this bill removes this provision and instead authorizes a procurement organization to petition a district court to appoint a person to make an anatomical gift of a decedent's body or part if no other person authorized to make such an anatomical gift is reasonably available. Section 5 prohibits the court from granting such a petition unless the procurement organization: (1) demonstrates that it has made a reasonable effort to determine whether any other person in a class authorized to make an anatomical gift of the decedent's body or part is reasonably available; (2) has determined that no person who is otherwise authorized to make an anatomical gift and is reasonably available objects to the anatomical gift; and (3) has determined that no evidence exists of the decedent having communicated a desire that his or her body or part not become anatomical gifts.

Statutes affected:
As Introduced: 451.010, 451.503, 451.510, 451.566, 451.592, 451.593
Reprint 1: 451.010, 451.503, 451.510, 451.566, 451.592, 451.593
Reprint 2: 451.010, 451.503, 451.510, 451.566, 451.592, 451.593
As Enrolled: 451.010, 451.503, 451.510, 451.566, 451.592, 451.593
BDR: 451.010, 451.503, 451.510, 451.566, 451.592, 451.593