Senate Amendment to Assembly Bill No. 238 First Reprint (BDR 40-72)
Proposed by: Committee on Human Resources and Facilities
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, line 11, by deleting "
10," and inserting "9,".Amend sec. 2, page 2, line 2, by deleting "10," and inserting "9,".
Amend sec. 3, page 2, line 3, by deleting "
10," and inserting "9,".Amend sec. 7, page 2, line 16, by deleting "
10," and inserting "9,".Amend sec. 7, page 2, line 17, after "
act." by inserting:"
The regulations must require the exclusion from the system of the name of any person who files or, if the person is a minor, whose parent files a written objection to the inclusion of the name of that person in the system, with:(a) The health division; or
(b) Any person who is otherwise authorized or required to make the information available to the system.
3. The provisions of sections 3 to 9, inclusive, of this act do not authorize any prenatal genetic testing of children.".
Amend sec. 8, page 2, line 18, by deleting "
The" and inserting:"
Except as otherwise provided in subsection 2, the".Amend sec. 8, page 2, line 20, by deleting "
Maintain" and inserting "Prepare".Amend sec. 8, page 2, by deleting lines 30 through 32 and inserting:
"
2. The name of a patient must be excluded from the information made available pursuant to subsection 1 if the patient or, if the patient is a minor, a parent of the patient files with the chief administrative officer or his representative a written objection to the inclusion of the name of the patient in that information.".Amend sec. 8, page 2, by deleting line 34 and inserting:
"
the records and lists required to be made available pursuant to this section such".Amend sec. 9, page 3, line 3, after "
defects;" by inserting "and".Amend sec. 9, page 3, by deleting lines 5 through 7 and inserting:
"
with birth defects.".Amend sec. 9, page 3, by deleting lines 11 through 19 and inserting:
"
who are employed by the health division or the University of Nevada School of Medicine.(b) Any information obtained by the system that would reveal the identity of a patient remains confidential.
(c) Except as otherwise provided in subsection 3, information obtained by the system is used solely for the purposes set forth in subsection 1.".
Amend the bill as a whole by deleting sec. 10 and renumbering sections 11 through 15 as sections 10 through 14.
Amend sec. 12, page 4, by deleting line 6 and inserting:
"
Amend sec. 15, page 5, line 21, by deleting "
10," and inserting "9,".Amend the bill as a whole by renumbering sections 16 and 17 as sections 18 and 19 and adding new sections designated sections 15 through 17, following sec. 15, to read as follows:
"Sec. 15. NRS 451.555 is hereby amended to read as follows:
(a) Make an anatomical gift for any of the purposes stated in subsection 1 of NRS 451.560;
(b) Limit an anatomical gift to one or more of those purposes; or
(c) Refuse to make an anatomical gift.
2. Except as otherwise provided in subsection 3, an anatomical gift may be made only by a document of gift signed by the donor. If the donor:
(a) Cannot sign, the document of gift must be signed by another person and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.
(b) Is less than 18 years of age, the document of gift must also be signed by two witnesses, one of whom is a parent or guardian of the donor and consents to the donation, at the direction and in the presence of the donor and of each other and state that it has been so signed.
3. If the donor is less than 12 years of age, the document of gift must be signed by a parent or guardian of the donor, on behalf of the donor, and two witnesses at the direction and in the presence of the parent or guardian and of each other and state that it has been so signed. The document is not required to be signed by the donor.
4. If a document of gift is imprinted on a donor’s driver’s license or identification card, the document of gift must comply with subsection 2. Revocation, suspension, expiration or cancellation of the license or card does not invalidate the anatomical gift.
5. A document of gift may authorize a particular physician to carry out the appropriate procedures. In the absence of such authorization or if the designated physician is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.
6. An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
7. Except as otherwise provided in subsections 8 and 9, a donor may amend or revoke an anatomical gift, not made by will, only by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
8. Except as otherwise provided in subsection 9, a donor who is less than 18 years of age may, with the consent of his parent or guardian, amend or revoke an anatomical gift, not made by will, by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
9. A donor who is less than 12 years of age may not amend or revoke an anatomical gift. The parent or guardian who made the gift on behalf of the donor may amend or revoke an anatomical gift, not made by will, only by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
10. The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills in chapter 133 of NRS or as provided in subsection 7, 8 or 9.
11. An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor’s death.
The intent of a donor to make an anatomical gift, as evidenced by a document of gift, may not be revoked by any member of the classes of persons set forth in subsection 1 of NRS 451.557.12. A person may refuse to make an anatomical gift of his body or part by:
(a) A writing signed in the same manner as a document of gift;
(b) A statement imprinted on his driver’s license or identification card; or
(c) Any other writing used to identify him as refusing to make an anatomical gift.
During a terminal illness or injury, the refusal may be an oral statement or other form of communication.
13. In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under NRS 451.557.
14. In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, he shall make the refusal pursuant to subsection 12.
Sec. 16. NRS 451.560 is hereby amended to read as follows:
451.560 1. The following persons may become donees of anatomical gifts for the purposes stated:
(a) A hospital, physician, dentist or procurement organization, for transplantation, therapy, medical or dental education, research or advancement of medical or dental science;
(b) An accredited medical or dental school, college or university, for education, research or advancement of medical or dental science; or
(c) A designated person, for transplantation or therapy needed by that person.
2. An anatomical gift may be made to a designated donee or without designating a donee. If a donee is not designated or if the donee is not available or rejects the anatomical gift, the anatomical gift may be accepted by any hospital or procurement organization.
3.
In the absence of evidence that an anatomical gift has been revoked by the donor, a document of gift must be presumed to be valid. If the donee knows of the decedent’s refusal or contrary indications to make an anatomical gift or that an anatomical gift by a member of a class having priority to act is opposed by a member of the same class or a prior class under subsection 1 of NRS 451.557, the donee shall not accept the anatomical gift.Sec. 17. NRS 451.576 is hereby amended to read as follows:
1. Each hospital in this state, after consultation with other hospitals and procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts.2. Except as otherwise required by the specific terms of an anatomical gift, an anatomical gift from a resident of this state must be offered to any residents of this state in need of transplantation or therapy before the anatomical gift may be used by another person.
".Amend sec. 16, page 6, line 1, by deleting "
10," and inserting "9,".Amend sec. 17, page 6, line 9, by deleting "
10," and inserting "9,".Amend the bill as a whole by deleting sec. 18 and renumbering sections 19 and 20 as sections 20 and 21.
Amend the title of the bill, fourth line, after "system;" by inserting:
"making various changes to the Uniform Anatomical Gift Act;".
Amend the summary of the bill, third line, by deleting "outcomes." and inserting:
"outcomes and makes various changes to Uniform Anatomical Gift Act.".