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 451.523 is hereby amended to read as follows:

1-2  451.523  “Document of gift” means a card, [a statement

1-3  imprinted on a driver’s license or identification card, a will,]

1-4  statement, will or other writing used to make an anatomical gift.

1-5  Sec. 2.  NRS 451.555 is hereby amended to read as follows:

1-6  451.555  1.  Any person may:

1-7  (a) Make an anatomical gift for any of the purposes stated in

1-8  subsection 1 of NRS 451.560;

1-9  (b) Limit an anatomical gift to one or more of those purposes; or

1-10      (c) Refuse to make an anatomical gift.

1-11      2.  Except as otherwise provided in this subsection and

1-12  subsection 3, an anatomical gift may be made only by a document of

1-13  gift signed by the donor. If the donor:

2-1  (a) Cannot sign, the document of gift must be signed by another

2-2  person and by two witnesses, all of whom have signed at the

2-3  direction and in the presence of the donor and of each other and

2-4  state that it has been so signed.

2-5  (b) Is less than 18 years of age, the document of gift must also

2-6  be signed by two witnesses, one of whom is a parent or guardian of

2-7  the donor and consents to the donation, at the direction and in the

2-8  presence of the donor and of each other and state that it has been so

2-9  signed.

2-10      3.  [If] Except as otherwise provided in subsection 4, if the

2-11  donor is less than 12 years of age, the document of gift must be

2-12  signed by a parent or guardian of the donor, on behalf of the donor,

2-13  and two witnesses at the direction and in the presence of the parent

2-14  or guardian and of each other and state that it has been so signed.

2-15  The document is not required to be signed by the donor.

2-16      4.  [If] A symbol or other indication that a document of gift [is]

2-17  has been executed by or on behalf of a donor may be imprinted on

2-18  [a] the donor’s driver’s license or identification card[,] if the

2-19  document of gift [must comply] complies with subsection 2.

2-20  Revocation, suspension, expiration or cancelation of the license or

2-21  card does not invalidate the anatomical gift.

2-22      5.  A document of gift may authorize a particular physician to

2-23  carry out the appropriate procedures. In the absence of such

2-24  authorization or if the designated physician is not available, the

2-25  donee or other person authorized to accept the anatomical gift may

2-26  employ or authorize any physician, technician or enucleator to carry

2-27  out the appropriate procedures.

2-28      6.  An anatomical gift by will takes effect upon the death of the

2-29  testator, whether or not the will is probated. If, after death, the will

2-30  is declared invalid for testamentary purposes, the validity of the

2-31  anatomical gift is unaffected.

2-32      7.  Except as otherwise provided in subsections 8 and 9, a donor

2-33  may amend or revoke an anatomical gift, not made by will, only by:

2-34      (a) A signed statement;

2-35      (b) An oral statement made in the presence of two persons;

2-36      (c) Any form of communication during a terminal illness or

2-37  injury addressed to a physician; or

2-38      (d) The delivery of a signed statement to a specified donee to

2-39  whom a document of gift had been delivered.

2-40      8.  Except as otherwise provided in subsection 9, a donor who

2-41  is less than 18 years of age may, with the consent of his parent or

2-42  guardian, amend or revoke an anatomical gift, not made by will, by:

2-43      (a) A signed statement;

2-44      (b) An oral statement made in the presence of two persons;

3-1  (c) Any form of communication during a terminal illness or

3-2  injury addressed to a physician; or

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

3-4  whom a document of gift had been delivered.

3-5  9.  A donor who is less than 12 years of age may not amend or

3-6  revoke an anatomical gift. The parent or guardian who made the gift

3-7  on behalf of the donor may amend or revoke an anatomical gift, not

3-8  made by will, only by:

3-9  (a) A signed statement;

3-10      (b) An oral statement made in the presence of two persons;

3-11      (c) Any form of communication during a terminal illness or

3-12  injury addressed to a physician; or

3-13      (d) The delivery of a signed statement to a specified donee to

3-14  whom a document of gift had been delivered.

3-15      10.  The donor of an anatomical gift made by will may amend

3-16  or revoke the gift in the manner provided for amendment or

3-17  revocation of wills in chapter 133 of NRS or as provided in

3-18  subsection 7, 8 or 9.

3-19      11.  An anatomical gift that is not revoked by the donor before

3-20  death is irrevocable . [and does not require the consent or

3-21  concurrence of any person after the donor’s death.] The intent of a

3-22  donor to make an anatomical gift, as evidenced by a document of

3-23  gift, may not be revoked by any member of the classes of persons

3-24  set forth in subsection 1 of NRS 451.557.

3-25      12.  An anatomical gift that is not revoked by the donor before

3-26  death does not require the consent or concurrence of any person

3-27  after the donor’s death. A hospital, physician, coroner, local

3-28  health officer, enucleator, technician or other person who:

3-29      (a) Is aware that a symbol or other indication that a document

3-30  of gift has been executed by or on behalf of a donor is imprinted

3-31  on the donor’s driver’s license or identification card; or

3-32      (b) Acts in accordance with the provisions of NRS 451.500 to

3-33  451.590, inclusive, or with any other laws of the State of Nevada

3-34  relating to anatomical gifts,

3-35  shall not request or require the consent or concurrence of any

3-36  person after the donor’s death to carry out the anatomical gift.

3-37      13.  A person may refuse to make an anatomical gift of his

3-38  body or part by:

3-39      (a) A writing signed in the same manner as a document of gift;

3-40      (b) A statement imprinted on his driver’s license or

3-41  identification card; or

3-42      (c) Any other writing used to identify him as refusing to make

3-43  an anatomical gift.

3-44  During a terminal illness or injury, the refusal may be an oral

3-45  statement or other form of communication.

4-1  [13.] 14. In the absence of contrary indications by the donor, an

4-2  anatomical gift of a part is neither a refusal to give other parts nor a

4-3  limitation on an anatomical gift under NRS 451.557.

4-4  [14.] 15. In the absence of contrary indications by the donor, a

4-5  revocation or amendment of an anatomical gift is not a refusal to

4-6  make another anatomical gift. If the donor intends a revocation to be

4-7  a refusal to make an anatomical gift, he shall make the refusal

4-8  pursuant to subsection [12.] 13.

4-9  Sec. 3. NRS 483.340 is hereby amended to read as follows:

4-10      483.340  1.  The Department shall, upon payment of the

4-11  required fee, issue to every qualified applicant a driver’s license

4-12  indicating the type or class of vehicles the licensee may drive. The

4-13  license must bear a unique number assigned to the licensee pursuant

4-14  to NRS 483.345, the licensee’s social security number, if he has one,

4-15  unless he requests that it not appear on the license, the full name,

4-16  date of birth, mailing address and a brief description of the licensee,

4-17  and a space upon which the licensee shall write his usual signature

4-18  in ink immediately upon receipt of the license. A license is not valid

4-19  until it has been so signed by the licensee.

4-20      2.  The Department may issue a driver’s license for purposes of

4-21  identification only for use by officers of local police and sheriffs’

4-22  departments, agents of the Investigation Division of the Department

4-23  of Public Safety while engaged in special undercover investigations

4-24  relating to narcotics or prostitution or for other undercover

4-25  investigations requiring the establishment of a fictitious identity,

4-26  federal agents while engaged in undercover investigations,

4-27  investigators employed by the Attorney General while engaged in

4-28  undercover investigations and agents of the State Gaming Control

4-29  Board while engaged in investigations pursuant to NRS 463.140. An

4-30  application for such a license must be made through the head of the

4-31  police or sheriff’s department, the Chief of the Investigation

4-32  Division of the Department of Public Safety, the director of the

4-33  appropriate federal agency, the Attorney General or the Chairman of

4-34  the State Gaming Control Board. Such a license is exempt from the

4-35  fees required by NRS 483.410. The Department, by regulation, shall

4-36  provide for the cancellation of any such driver’s license upon the

4-37  completion of the special investigation for which it was issued.

4-38      3.  Information pertaining to the issuance of a driver’s license

4-39  pursuant to subsection 2 is confidential.

4-40      4.  It is unlawful for any person to use a driver’s license issued

4-41  pursuant to subsection 2 for any purpose other than the special

4-42  investigation for which it was issued.

4-43      5.  At the time of the issuance or renewal of the driver’s license,

4-44  the Department shall:

5-1  (a) Give the holder the opportunity to [indicate] have indicated

5-2  on his driver’s license that he wishes to be a donor of all or part of

5-3  his body pursuant to NRS 451.500 to 451.590, inclusive, or [that he

5-4  refuses] to refuse to make an anatomical gift of his body or part of

5-5  his body;

5-6  (b) Give the holder the opportunity to indicate whether he

5-7  wishes to donate $1 or more to the Anatomical Gift Account created

5-8  by NRS 460.150; and

5-9  (c) Provide to each holder who is interested in becoming a donor

5-10  information relating to anatomical gifts, including the procedure for

5-11  registration as a donor with The Living Bank International or its

5-12  successor organization.

5-13      6.  If the holder wishes to make a donation to the Anatomical

5-14  Gift Account, the Department shall collect the donation and deposit

5-15  the money collected in the State Treasury for credit to the

5-16  Anatomical Gift Account.

5-17      7.  The Department shall submit to The Living Bank

5-18  International, or its successor organization, information from the

5-19  records of the Department relating to persons who have drivers’

5-20  licenses that indicate the intention of those persons to make an

5-21  anatomical gift. The Department shall adopt regulations to carry out

5-22  the provisions of this subsection.

5-23      Sec. 4. NRS 483.840 is hereby amended to read as follows:

5-24      483.840  1.  The form of the identification cards must be

5-25  similar to that of drivers’ licenses but distinguishable in color or

5-26  otherwise.

5-27      2.  Identification cards do not authorize the operation of any

5-28  motor vehicles.

5-29      3.  Identification cards must include the following information

5-30  concerning the holder:

5-31      (a) The name and sample signature of the holder.

5-32      (b) A unique identification number assigned to the holder that is

5-33  not based on the holder’s social security number.

5-34      (c) A personal description of the holder.

5-35      (d) The date of birth of the holder.

5-36      (e) The current address of the holder in this state.

5-37      (f ) A colored photograph of the holder.

5-38      4.  The information required to be included on the identification

5-39  card pursuant to subsection 3 must be placed on the card in the

5-40  manner specified in subsection 1 of NRS 483.347.

5-41      5.  At the time of the issuance of the identification card, the

5-42  Department shall:

5-43      (a) Give the holder the opportunity to [indicate] have indicated

5-44  on his identification card that he wishes to be a donor of all or part

5-45  of his body pursuant to NRS 451.500 to 451.590, inclusive, or [that

6-1  he refuses] to refuse to make an anatomical gift of his body or part

6-2  of his body;

6-3  (b) Give the holder the opportunity to indicate whether he

6-4  wishes to donate $1 or more to the Anatomical Gift Account created

6-5  by NRS 460.150; and

6-6  (c) Provide to each holder who is interested in becoming a donor

6-7  information relating to anatomical gifts, including the procedure for

6-8  registration as a donor with The Living Bank International or its

6-9  successor organization.

6-10      6.  If the holder wishes to make a donation to the Anatomical

6-11  Gift Account, the Department shall collect the donation and deposit

6-12  the money collected in the State Treasury for credit to the

6-13  Anatomical Gift Account.

6-14      7.  The Department shall submit to The Living Bank

6-15  International, or its successor organization, information from the

6-16  records of the Department relating to persons who have

6-17  identification cards issued by the Department that indicate the

6-18  intention of those persons to make an anatomical gift. The

6-19  Department shall adopt regulations to carry out the provisions of

6-20  this subsection.

6-21      8.  As used in this section, “photograph” has the meaning

6-22  ascribed to it in NRS 483.125.

 

6-23  H