Assembly Bill No. 497–Assemblymen Gibbons, Leslie, Giunchigliani, Buckley, McClain, Anderson, Brown, Cegavske, de Braga, Freeman, Hettrick, Humke, Smith and Tiffany

 

March 19, 2001

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Joint Sponsors: Senators Rawson and O’Donnell

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Revises provisions relating to anatomical gifts. (BDR 40‑1210)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to anatomical gifts; providing in skeleton form for the establishment of a registry for anatomical gifts by the department of motor vehicles and public safety; creating the anatomical gift account in the department of human resources’ gift fund; creating the advisory committee on anatomical gifts; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 451 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 12, inclusive, of this act.

1-3    Sec. 2.  “Administrator” means the administrator of the health

1-4  division.

1-5    Sec. 3.  “Committee” means the advisory committee on anatomical

1-6  gifts created pursuant to section 8 of this act.

1-7    Sec. 4.  “Department” means the department of motor vehicles and

1-8  public safety.

1-9    Sec. 5.  “Director” means the director of the department of motor

1-10  vehicles and public safety.

1-11    Sec. 6.  “Health division” means the health division of the

1-12  department of human resources.

1-13    Sec. 7.  1.  The department shall facilitate the establishment and

1-14  maintenance of a registry that includes each person whose driver’s

2-1  license or identification card issued by the department indicates his

2-2  intention to make an anatomical gift.

2-3    2.  The department shall cause the maintenance of the registry in a

2-4  manner that provides procurement organizations with access to the

2-5  information at any time.

2-6    3.  The director, after consulting with the administrator and the

2-7  committee, shall adopt regulations to carry out the provisions of this

2-8  section, including, without limitation, regulations that establish:

2-9    (a) The information required to be included in the registry;

2-10    (b) The procedure for:

2-11      (1) Revoking an anatomical gift other than the procedure set forth

2-12  in NRS 451.555; and

2-13      (2) Revising the information in the registry;

2-14    (c) The method by which information in the registry will be made

2-15  available to procurement organizations;

2-16    (d) Limitations on access to and the use of the registry;

2-17    (e) The method by which information relating to anatomical gifts will

2-18  be developed and disseminated to the general public by the department

2-19  and the health division; and

2-20    (f) Such other requirements as the director determines are necessary.

2-21    4.  The director shall consider any recommendations of the

2-22  administrator or committee concerning the adoption of regulations

2-23  pursuant to this section.

2-24    5.  The costs to establish the registry must be paid from the

2-25  anatomical gift account created pursuant to section 12 of this act.

2-26    Sec. 8.  1.  The advisory committee on anatomical gifts, consisting

2-27  of 10 members, is hereby created. The committee consists of:

2-28    (a) One senator appointed by the majority leader of the senate;

2-29    (b) One assemblyman appointed by the speaker of the assembly; and

2-30    (c) The following members appointed by the governor:

2-31      (1) One member who represents a procurement organization that is

2-32  a member of the Organ Procurement and Transplantation Network;

2-33      (2) One member who represents a procurement organization that is

2-34  an accredited member of the American Association of Tissue Banks;

2-35      (3) One member who represents a procurement organization that is

2-36  certified by the Eye Bank Association of America;

2-37      (4) One member who represents the Nevada Hospital Association;

2-38      (5) One member who is an employee of the health division; and

2-39      (6) Three members of the general public who are not affiliated with

2-40  a procurement organization.

2-41    2.  A majority of the members of the committee constitutes a quorum

2-42  for the transaction of the business of the committee.

2-43    3.  At the first meeting of the committee and biennially thereafter, the

2-44  members of the committee shall elect a chairman from among its

2-45  members. If a vacancy occurs in the office of the chairman, the members

2-46  of the committee shall elect a member to serve the remainder of the

2-47  unexpired term.

2-48    Sec. 9.  1.  The committee shall meet at the call of the chairman as

2-49  often as required to perform its duties, but not less than semiannually.

3-1    2.  Except for the initial and legislative members, the term of office of

3-2  each member of the committee is 3 years. Each member shall continue in

3-3  office until his successor is appointed. A member of the committee may

3-4  not serve more than two consecutive terms. A vacancy must be filled by

3-5  appointment for the unexpired term in the same manner as the original

3-6  appointment.

3-7    3.  Except for the initial legislative members, the term for each

3-8  legislative member is 2 years. A legislative member of the committee who

3-9  is not a candidate for reelection or who is defeated for reelection

3-10  continues to serve until the convening of the next session of the

3-11  legislature and until his successor is appointed.

3-12    Sec. 10.  1.  Except as otherwise provided in subsection 3, each

3-13  member of the committee serves without compensation.

3-14    2.  While engaged in the business of the committee, each member is

3-15  entitled to receive the per diem allowance and travel expenses provided

3-16  for state officers and employees generally. The per diem allowance and

3-17  travel expenses of:

3-18    (a) A member of the committee who is a legislator must be paid from

3-19  the legislative fund; and

3-20    (b) Any other member of the committee must be paid from the

3-21  anatomical gift account in the department of human resources’ gift fund.

3-22    3.  Except during a regular or special session of the legislature, for

3-23  each day or portion of a day during which a legislative member of the

3-24  committee attends a meeting of the committee or is otherwise engaged in

3-25  the business of the committee, he is entitled to receive the compensation

3-26  provided for a majority of the members of the legislature during the first

3-27  60 days of the preceding regular session. The compensation of a

3-28  legislative member of the committee must be paid from the legislative

3-29  fund.

3-30    4.  The member of the committee who is an employee of the health

3-31  division must be relieved from his duties without loss of his regular

3-32  compensation so that he may prepare for and attend meetings of the

3-33  committee and perform any work necessary to carry out the duties of the

3-34  committee in the most timely manner practicable. The health division

3-35  shall not require the employee to make up the time he is absent from

3-36  work to carry out his duties as a member and shall not require the

3-37  employee to take annual vacation or compensatory time for the absence.

3-38    Sec. 11.  The committee shall:

3-39    1.  Consult with the director and submit to the director any

3-40  recommendations concerning the adoption of regulations;

3-41    2.  Upon request, consult with the director or administrator on any

3-42  other matter relating to anatomical gifts;

3-43    3.  On or before February 1 of each year, submit to the administrator

3-44  a report concerning its activities and recommendations relating to the

3-45  use of the money in the anatomical gift account created pursuant to

3-46  section 12 of this act and any other matters relating to anatomical gifts;

3-47  and

3-48    4.  Adopt procedures for conducting its meetings.

4-1    Sec. 12.  1.  The health division may apply for and accept any gifts,

4-2  grants, appropriations or donations to assist the health division in

4-3  carrying out programs relating to anatomical gifts.

4-4    2.  Any money received by the health division for programs relating to

4-5  anatomical gifts must be deposited in the state treasury for credit to the

4-6  anatomical gift account which is hereby created in the department of

4-7  human resources’ gift fund.

4-8    3.  The money in the account must only be used to:

4-9    (a) Develop and carry out educational programs relating to

4-10  anatomical gifts for:

4-11      (1) The general public in this state; and

4-12      (2) Secondary schools in this state;

4-13    (b) Develop and carry out local and statewide programs to

4-14  acknowledge publicly families of donors;

4-15    (c) Develop and distribute information relating to anatomical gifts,

4-16  including, without limitation, the information described in subsection 6

4-17  of NRS 483.340 and subsection 5 of NRS 483.840;

4-18    (d) Consult with the Nevada Supreme Court, State Bar of Nevada and

4-19  William S. Boyd School of Law at the University of Nevada, Las Vegas,

4-20  to determine:

4-21      (1) The most effective programs for educating attorneys concerning

4-22  anatomical gifts and cooperating with those entities in carrying out those

4-23  programs; and

4-24      (2) The availability of legal documents, other than wills, that

4-25  attorneys may use to assist their clients in making anatomical gifts,

4-26  including, without limitation, declarations made pursuant to NRS

4-27  449.600 and durable powers of attorney for health care executed

4-28  pursuant to NRS 449.800 to 449.860, inclusive;

4-29    (e) Consult with the board of medical examiners, state board of

4-30  osteopathic medicine and the University of Nevada School of Medicine to

4-31  determine the most effective programs for:

4-32      (1) Educating physicians concerning anatomical gifts and

4-33  cooperating with those entities in carrying out those programs; and

4-34      (2) Encouraging physicians to assist their patients in making

4-35  anatomical gifts;

4-36    (f) Pay the costs, not to exceed $5,000, incurred by the department to

4-37  facilitate the establishment of the registry required by section 7 of this

4-38  act;

4-39    (g) Reimburse the members of the committee for per diem allowances

4-40  and travel expenses as required by section 10 of this act; and

4-41    (h) Carry out such other purposes relating to anatomical gifts as the

4-42  administrator may approve.

4-43    4.  The administrator shall consider the recommendations of the

4-44  committee included in the report required by section 11 of this act.

4-45    5.  Each claim must be approved by the administrator before the

4-46  claim is paid.

4-47    Sec. 13.  NRS 451.510 is hereby amended to read as follows:

4-48    451.510  Unless the context otherwise requires, as used in NRS

4-49  451.500 to 451.590, inclusive, and sections 2 to 12, inclusive, of this act,

5-1  the words and terms defined in NRS 451.513 to 451.553, inclusive, and

5-2  sections 2 to 6, inclusive, of this act have the meanings ascribed to them in

5-3  those sections.

5-4    Sec. 14.  NRS 481.023 is hereby amended to read as follows:

5-5    481.023  Except as otherwise provided therein, the department shall

5-6  execute, administer and enforce, and perform the functions and duties

5-7  provided in:

5-8    1.  Title 43 of NRS relating to vehicles.

5-9    2.  Chapter 706 of NRS relating to licensing of motor vehicle carriers

5-10  and the use of public highways by those carriers.

5-11    3.  Chapter 366 of NRS relating to imposition and collection of taxes

5-12  on special fuels used for motor vehicles.

5-13    4.  Chapter 453 of NRS relating to controlled substances and chapter

5-14  454 of NRS relating to dangerous drugs.

5-15    5.  Chapter 459 of NRS relating to the transportation of hazardous

5-16  materials.

5-17    6.  Chapter 414 of NRS relating to emergency management.

5-18    7.  Chapter 477 of NRS relating to the state fire marshal.

5-19    8.  Chapters 176A and 213 of NRS relating to parole and probation.

5-20    9.  The provisions of NRS 426.401 to 426.461, inclusive.

5-21    10.  The provisions of section 7 of this act.

5-22    Sec. 15.  NRS 483.340 is hereby amended to read as follows:

5-23    483.340  1.  The department shall upon payment of the required fee

5-24  issue to every qualified applicant a driver’s license indicating the type or

5-25  class of vehicles the licensee may drive. The license must bear a unique

5-26  number assigned to the licensee pursuant to NRS 483.345, the licensee’s

5-27  social security number, if he has one, unless he requests that it not appear

5-28  on the license, the full name, date of birth, mailing address[,] and a brief

5-29  description of the licensee, and a space upon which the licensee shall write

5-30  his usual signature in ink immediately upon receipt of the license. A

5-31  license is not valid until it has been so signed by the licensee.

5-32    2.  The department may issue a driver’s license for purposes of

5-33  identification only for use by officers of local police and sheriffs’

5-34  departments, agents of the investigation division of the department while

5-35  engaged in special undercover investigations relating to narcotics or

5-36  prostitution or for other undercover investigations requiring the

5-37  establishment of a fictitious identity, federal agents while engaged in

5-38  undercover investigations, investigators employed by the attorney general

5-39  while engaged in undercover investigations and agents of the state gaming

5-40  control board while engaged in investigations pursuant to NRS 463.140.

5-41  An application for such a license must be made through the head of the

5-42  police or sheriff’s department, the chief of the investigation division, the

5-43  director of the appropriate federal agency, the attorney general or the

5-44  chairman of the state gaming control board. Such a license is exempt from

5-45  the fees required by NRS 483.410. The department, by regulation, shall

5-46  provide for the cancellation of any such driver’s license upon the

5-47  completion of the special investigation for which it was issued.

5-48    3.  Information pertaining to the issuance of a driver’s license pursuant

5-49  to subsection 2 is confidential.

6-1    4.  It is unlawful for any person to use a driver’s license issued pursuant

6-2  to subsection 2 for any purpose other than the special investigation for

6-3  which it was issued.

6-4    5.  At the time of the issuance of the driver’s license, the department

6-5  shall give the holder the opportunity to [indicate] :

6-6    (a) Indicate on his driver’s license that he wishes to be a donor of all or

6-7  part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he

6-8  refuses to make an anatomical gift of his body or part of his body[.] ; and

6-9    (b) Indicate whether he wishes to donate $1 to the anatomical gift

6-10  account created pursuant to section 12 of this act.

6-11    6.  If the holder wishes to make such a donation, the department shall

6-12  collect the donation and provide to the holder information concerning

6-13  anatomical gifts as required by section 7 of this act.

6-14    7.  The department shall deposit the money collected pursuant to

6-15  subsection 6 in the state treasury for credit to the anatomical gift account

6-16  created pursuant to section 12 of this act.

6-17    Sec. 16.  NRS 483.840 is hereby amended to read as follows:

6-18    483.840  1.  The form of the identification cards must be similar to

6-19  that of drivers’ licenses but distinguishable in color or otherwise.

6-20    2.  Identification cards do not authorize the operation of any motor

6-21  vehicles.

6-22    3.  Identification cards must include the following information

6-23  concerning the holder:

6-24    (a) The name and sample signature of the holder.

6-25    (b) A unique identification number assigned to the holder that is not

6-26  based on the holder’s social security number.

6-27    (c) A personal description of the holder.

6-28    (d) The date of birth of the holder.

6-29    (e) The current address of the holder in this state.

6-30    (f) A colored photograph of the holder in full face if he is 21 years of

6-31  age or older, or a colored photograph in profile if he is under 21 years of

6-32  age.

6-33    4.  At the time of the issuance of the identification card, the department

6-34  shall give the holder the opportunity to [indicate] :

6-35    (a) Indicate on his identification card that he wishes to be a donor of all

6-36  or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that

6-37  he refuses to make an anatomical gift of his body or part of his body[.

6-38    5.] ; and

6-39    (b) Indicate whether he wishes to donate $1 to the anatomical gift

6-40  account created pursuant to section 12 of this act.

6-41    5.  If the holder wishes to make such a donation, the department shall

6-42  collect the donation and provide to the holder information concerning

6-43  anatomical gifts as required by section 7 of this act.

6-44    6.  The department shall deposit the money collected pursuant to

6-45  subsection 5 in the state treasury for credit to the anatomical gift account

6-46  created pursuant to section 12 of this act.

6-47    7. As used in this section, “photograph” has the meaning ascribed to it

6-48  in NRS 483.125.

7-1    Sec. 17.  The department of motor vehicles and public safety shall

7-2  facilitate the establishment of the registry required by section 7 of this act

7-3  not later than July 1, 2002.

7-4    Sec. 18.  1.  As soon as practicable after October 1, 2001, the

7-5  governor shall appoint to the advisory committee on anatomical gifts:

7-6    (a) Two members whose terms expire on September 30, 2003.

7-7    (b) Three members whose terms expire on September 30, 2004.

7-8    (c) Three members whose terms expire on September 30, 2005.

7-9    2.  As soon as practicable after October 1, 2001, the majority leader of

7-10  the senate and the speaker of the assembly shall each appoint a member to

7-11  the advisory committee on anatomical gifts to a term which expires on

7-12  February 1, 2003.

 

7-13  H