Assembly Bill No. 51–Assemblymen Koivisto, Gibbons, McClain, Parks, Anderson, Atkinson, Buckley, Chowning, Claborn, Collins, Conklin, Goldwater, Horne, Leslie, Manendo, McCleary, Ohrenschall, Sherer and Williams

 

February 6, 2003

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Revises provisions regarding anatomical gifts. (BDR 40‑121)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to public health; prohibiting a person, under certain circumstances, from requesting or requiring the consent or concurrence of any person to carry out an anatomical gift made by the donor; 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. NRS 451.555 is hereby amended to read as follows:

1-2  451.555  1.  Any person may:

1-3  (a) Make an anatomical gift for any of the purposes stated in

1-4  subsection 1 of NRS 451.560;

1-5  (b) Limit an anatomical gift to one or more of those purposes; or

1-6  (c) Refuse to make an anatomical gift.

1-7  2.  Except as otherwise provided in subsection 3, an anatomical

1-8  gift may be made only by a document of gift signed by the donor. If

1-9  the donor:

1-10      (a) Cannot sign, the document of gift must be signed by another

1-11  person and by two witnesses, all of whom have signed at the

1-12  direction and in the presence of the donor and of each other and

1-13  state that it has been so signed.

2-1  (b) Is less than 18 years of age, the document of gift must also

2-2  be signed by two witnesses, one of whom is a parent or guardian of

2-3  the donor and consents to the donation, at the direction and in the

2-4  presence of the donor and of each other and state that it has been so

2-5  signed.

2-6  3.  If the donor is less than 12 years of age, the document of gift

2-7  must be signed by a parent or guardian of the donor, on behalf of the

2-8  donor, and two witnesses at the direction and in the presence of the

2-9  parent or guardian and of each other and state that it has been so

2-10  signed. The document is not required to be signed by the donor.

2-11      4.  If a document of gift is imprinted on a donor’s driver’s

2-12  license or identification card, the document of gift must comply with

2-13  subsection 2. Revocation, suspension, expiration or cancelation of

2-14  the license or card does not invalidate the anatomical gift.

2-15      5.  A document of gift may authorize a particular physician to

2-16  carry out the appropriate procedures. In the absence of such

2-17  authorization or if the designated physician is not available, the

2-18  donee or other person authorized to accept the anatomical gift may

2-19  employ or authorize any physician, technician or enucleator to carry

2-20  out the appropriate procedures.

2-21      6.  An anatomical gift by will takes effect upon the death of the

2-22  testator, whether or not the will is probated. If, after death, the will

2-23  is declared invalid for testamentary purposes, the validity of the

2-24  anatomical gift is unaffected.

2-25      7.  Except as otherwise provided in subsections 8 and 9, a donor

2-26  may amend or revoke an anatomical gift, not made by will, only by:

2-27      (a) A signed statement;

2-28      (b) An oral statement made in the presence of two persons;

2-29      (c) Any form of communication during a terminal illness or

2-30  injury addressed to a physician; or

2-31      (d) The delivery of a signed statement to a specified donee to

2-32  whom a document of gift had been delivered.

2-33      8.  Except as otherwise provided in subsection 9, a donor who

2-34  is less than 18 years of age may, with the consent of his parent or

2-35  guardian, amend or revoke an anatomical gift, not made by will, by:

2-36      (a) A signed statement;

2-37      (b) An oral statement made in the presence of two persons;

2-38      (c) Any form of communication during a terminal illness or

2-39  injury addressed to a physician; or

2-40      (d) The delivery of a signed statement to a specified donee to

2-41  whom a document of gift had been delivered.

2-42      9.  A donor who is less than 12 years of age may not amend or

2-43  revoke an anatomical gift. The parent or guardian who made the gift

2-44  on behalf of the donor may amend or revoke an anatomical gift, not

2-45  made by will, only by:

3-1  (a) A signed statement;

3-2  (b) An oral statement made in the presence of two persons;

3-3  (c) Any form of communication during a terminal illness or

3-4  injury addressed to a physician; or

3-5  (d) The delivery of a signed statement to a specified donee to

3-6  whom a document of gift had been delivered.

3-7  10.  The donor of an anatomical gift made by will may amend

3-8  or revoke the gift in the manner provided for amendment or

3-9  revocation of wills in chapter 133 of NRS or as provided in

3-10  subsection 7, 8 or 9.

3-11      11.  An anatomical gift that is not revoked by the donor before

3-12  death is irrevocable . [and does not require the consent or

3-13  concurrence of any person after the donor’s death.] The intent of a

3-14  donor to make an anatomical gift, as evidenced by a document of

3-15  gift, may not be revoked by any member of the classes of persons

3-16  set forth in subsection 1 of NRS 451.557.

3-17      12.  An anatomical gift that is not revoked by the donor before

3-18  death does not require the consent or concurrence of any person

3-19  after the donor’s death. A hospital, physician, coroner, local

3-20  health officer, enucleator, technician or other person, who acts in

3-21  accordance with the provisions of NRS 451.500 to 451.590,

3-22  inclusive, or with any other laws of the State of Nevada relating to

3-23  anatomical gifts may not request or require the consent or

3-24  concurrence of any person after the donor’s death to carry out the

3-25  anatomical gift.

3-26      13.  A person may refuse to make an anatomical gift of his

3-27  body or part by:

3-28      (a) A writing signed in the same manner as a document of gift;

3-29      (b) A statement imprinted on his driver’s license or

3-30  identification card; or

3-31      (c) Any other writing used to identify him as refusing to make

3-32  an anatomical gift.

3-33  During a terminal illness or injury, the refusal may be an oral

3-34  statement or other form of communication.

3-35      [13.] 14. In the absence of contrary indications by the donor, an

3-36  anatomical gift of a part is neither a refusal to give other parts nor a

3-37  limitation on an anatomical gift under NRS 451.557.

3-38      [14.] 15. In the absence of contrary indications by the donor, a

3-39  revocation or amendment of an anatomical gift is not a refusal to

3-40  make another anatomical gift. If the donor intends a revocation to be

3-41  a refusal to make an anatomical gift, he shall make the refusal

3-42  pursuant to subsection [12.] 13.

 

3-43  H