[Rev. 11/21/2013 11:48:31
AM--2013]
CHAPTER 451 - DEAD BODIES
DEFINITIONS
NRS 451.005 “Human
remains” and “remains” defined.
DETERMINATION OF DEATH (UNIFORM ACT)
NRS 451.007 Determination
of death.
MISCELLANEOUS PROVISIONS
NRS 451.010 Dissection
of dead human bodies: Limitations; penalty.
NRS 451.015 Commercial
use of aborted embryo or fetus prohibited; penalty.
NRS 451.020 Burial
or cremation within reasonable time after death; transportation and disposal of
residue of cremated body.
NRS 451.023 Responsibility
of surviving spouse or parent for burial or cremation of deceased spouse or
child.
NRS 451.024 Authority
to order burial; acceptance of legal and financial responsibility for burial;
execution of affidavit.
NRS 451.025 Reimbursement
for burial expenses paid with public money.
NRS 451.030 Removal
of remains for sale or dissection; purchases; punishment.
NRS 451.040 Seizure
of remains for debt; interference with dead body; penalty.
NRS 451.045 Permit
for disinterment or removal of human remains within State.
NRS 451.050 Permit
for disinterment or removal of human remains out of State.
NRS 451.060 Penalties
for noncompliance of common carrier.
NRS 451.065 Unlawful
to require remains to be embalmed or otherwise prepared before disposition;
exceptions; penalty.
NRS 451.067 Designation
of family cemetery; notification of Division of Public and Behavioral Health of
designation.
REMOVAL OF HUMAN REMAINS BY CEMETERY AUTHORITY
NRS 451.069 “Cemetery
authority” defined.
NRS 451.070 Authority
to order disinterment and removal of human remains.
NRS 451.080 Regulations
governing manner of removal and reinterment; time for removal and reinterment.
NRS 451.110 Notice
of determination to remove human remains.
NRS 451.130 Posting
of copies of notice in cemetery.
NRS 451.140 Mailing
of copy of notice to owner of plot or heir of person interred.
NRS 451.150 Notice
to cemetery authority by friend or relative.
NRS 451.160 Notice
to cemetery authority by friend or relative: Contents.
NRS 451.170 Notice
to cemetery authority by friend or relative: Manner of delivery.
NRS 451.180 Notice
by cemetery authority; manner of service on friend or relative.
NRS 451.190 Notice
to cemetery authority by friend or relative: Effect.
NRS 451.260 Removal
of human remains.
NRS 451.270 Manner
of reinterment.
NRS 451.280 Disposal
of land by cemetery authority; authority to sell and encumber.
NRS 451.290 Sale
or encumbrance of land; confirmation by district court of sale by cemetery
corporation or association.
NRS 451.300 Petition
for confirmation; notice of hearing.
NRS 451.310 Confirmation
of sale agreed upon before receipt of notice of determination that further
maintenance of cemetery is not in accordance with health, safety, comfort or
welfare of public.
NRS 451.320 Declaration
of removal by cemetery authority: Filing; acknowledgment; effect of subsequent
conveyance.
NRS 451.330 Removal
of dedication; notice of hearing and proof.
REMOVAL OF HUMAN REMAINS INTERRED IN RELIGIOUS CEMETERY
NRS 451.340 Disinterment
by heir or relative must comply with requirements of religious denomination,
society or church; authority of officer, representative or agent of church or
religious society.
ANATOMICAL DISSECTION
NRS 451.350 “Committee”
defined.
NRS 451.360 Establishment
and composition of Committee; election and terms of Chair and Secretary.
NRS 451.370 Meetings,
records and budget of Committee.
NRS 451.380 Compensation
of members of Committee.
NRS 451.390 Regulations
of Committee.
NRS 451.400 Notification
of Committee or its designee concerning dead human body which is unclaimed or
required to be buried at public expense; delivery of body as designated by
Committee.
NRS 451.410 Retention
of bodies received by Committee; referral of excess or unfit bodies to board of
county commissioners for burial or cremation.
NRS 451.420 Committee
to receive notice of death for unclaimed indigent person; limitations on
delivery of bodies to Committee.
NRS 451.430 Delivery
of body by Committee to friend or other claimant; payment of expenses; military
funeral required by veterans’ organization that claims body.
NRS 451.440 Contract
for delivery of body to Committee prohibited; Committee authorized to accept
body left by will.
NRS 451.450 Distribution
of bodies among schools, teaching hospitals and other persons or entities;
fees; penalty.
NRS 451.460 Recipient
of body received from Committee required to give bond; approval, amount and
conditions of bond.
NRS 451.470 Disposal
of remains after use.
ANATOMICAL GIFTS (UNIFORM ACT)
NRS 451.500 Short
title.
NRS 451.503 Applicability
of Act.
NRS 451.505 Uniformity
of application and construction.
NRS 451.510 Definitions.
NRS 451.511 “Adult”
defined.
NRS 451.512 “Agent”
defined.
NRS 451.513 “Anatomical
gift” defined.
NRS 451.520 “Decedent”
defined.
NRS 451.522 “Disinterested
witness” defined.
NRS 451.523 “Document
of gift” defined.
NRS 451.525 “Donor”
defined.
NRS 451.526 “Donor
registry” defined.
NRS 451.528 “Driver’s
license” defined.
NRS 451.5285 “Eye
bank” defined.
NRS 451.529 “Guardian”
defined.
NRS 451.530 “Hospital”
defined.
NRS 451.532 “Identification
card” defined.
NRS 451.533 “Know”
defined.
NRS 451.5335 “Minor”
defined.
NRS 451.534 “Organ
procurement organization” defined.
NRS 451.5345 “Parent”
defined.
NRS 451.535 “Part”
defined.
NRS 451.540 “Person”
defined.
NRS 451.545 “Physician”
defined.
NRS 451.547 “Procurement
organization” defined.
NRS 451.5475 “Prospective
donor” defined.
NRS 451.548 “Reasonably
available” defined.
NRS 451.5485 “Recipient”
defined.
NRS 451.549 “Record”
defined.
NRS 451.5493 “Refusal”
defined.
NRS 451.5497 “Sign”
defined.
NRS 451.550 “State”
defined.
NRS 451.553 “Technician”
defined.
NRS 451.5535 “Tissue”
defined.
NRS 451.554 “Tissue
bank” defined.
NRS 451.5545 “Transplant
hospital” defined.
NRS 451.556 Persons
authorized to make anatomical gift before death of donor.
NRS 451.558 Manner
of making anatomical gift before death of donor.
NRS 451.559 Amending
or revoking anatomical gift before death of donor.
NRS 451.561 Refusal
to make anatomical gift; effect of refusal.
NRS 451.562 Preclusive
effect of anatomical gift, amendment or revocation.
NRS 451.566 Persons
authorized to make anatomical gift of body or part of decedent.
NRS 451.568 Manner
of making, amending or revoking anatomical gift of body or part of decedent.
NRS 451.571 Persons
who may receive anatomical gift; purpose of anatomical gift.
NRS 451.572 Search
and notification.
NRS 451.578 Delivery
of document of gift not required; right to examine.
NRS 451.579 Rights
and duties of procurement organization and others.
NRS 451.584 Coordination
of procurement and use.
NRS 451.590 Sale
or purchase of parts prohibited; penalties.
NRS 451.591 Other
prohibited acts; penalties.
NRS 451.592 Immunity.
NRS 451.593 Law
governing validity; choice of law as to execution of document of gift;
presumption of validity.
NRS 451.594 Donor
registry.
NRS 451.595 Effect
of anatomical gift on advance health-care directive.
NRS 451.596 Cooperation
between coroner and procurement organization.
NRS 451.597 Facilitation
of anatomical gift from decedent whose body is under jurisdiction of coroner.
NRS 451.598 Relation
to Electronic Signatures in Global and National Commerce Act.
CREMATION
NRS 451.600 Definitions.
NRS 451.605 “Agent”
defined.
NRS 451.610 “Communicable
disease” defined.
NRS 451.615 “Container”
defined.
NRS 451.620 “Human
remains” defined.
NRS 451.625 “Operator”
defined.
NRS 451.630 “Urn”
defined.
NRS 451.635 Requirements
for licensing.
NRS 451.640 Adoption
of regulations; injunctive relief.
NRS 451.645 Authority
of cemetery or funeral home; authority of operator to contract with or employ
licensed funeral director.
NRS 451.650 Authority
to order cremation; execution of affidavit.
NRS 451.655 Order
of person for cremation and disposition of remains.
NRS 451.660 Requirements
for death certificate and written authorization; delegation of authority of
authorized agent.
NRS 451.665 Maintenance
of records; identification of remains.
NRS 451.670 Prohibition
against requiring placement of remains in casket; construction and incineration
of container.
NRS 451.675 Holding
of remains awaiting cremation.
NRS 451.680 Procedure
and space for cremation.
NRS 451.685 Allowance
of persons near remains awaiting cremation; simultaneous cremation of remains
of more than one person.
NRS 451.690 Delivery
and transportation of cremated remains.
NRS 451.695 Disposition
of cremated remains: Responsibility; operator of crematory.
NRS 451.700 Disposition
of cremated remains: Restrictions on manner and location.
NRS 451.705 Effect
of execution of order for cremation; liability for article of value delivered
with remains.
NRS 451.710 Refusal
to accept or cremate remains or to release cremated remains pending resolution
of dispute.
NRS 451.715 Unlawful
acts; abatement of unlawful crematory as public nuisance.
_________
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DEFINITIONS
NRS 451.005 “Human remains” and “remains” defined. As
used in NRS 451.010 to 451.470,
inclusive, unless the context otherwise requires, “human remains” or “remains”
means the body of a deceased person, and includes the body in any stage of
decomposition and the cremated remains of a body.
(Added to NRS by 1961, 254; A 1969, 161; 2003, 1881)
DETERMINATION OF DEATH (UNIFORM ACT)
NRS 451.007 Determination of death.
1. For legal and medical purposes, a
person is dead if the person has sustained an irreversible cessation of:
(a) Circulatory and respiratory functions; or
(b) All functions of the person’s entire brain,
including his or her brain stem.
2. A determination of death made under
this section must be made in accordance with accepted medical standards.
3. This section may be cited as the
Uniform Determination of Death Act and must be applied and construed to carry
out its general purpose which is to make uniform among the states which enact
it the law regarding the determination of death.
(Added to NRS by 1979, 226; A 1985, 130)
MISCELLANEOUS PROVISIONS
NRS 451.010 Dissection of dead human bodies: Limitations; penalty.
1. The right to dissect the dead body of a
human being is limited to cases:
(a) Specially provided by statute or by the
direction or will of the deceased.
(b) Where a coroner is authorized under NRS 259.050 or an ordinance enacted
pursuant to NRS 244.163 to hold an
inquest upon the body, and then only as the coroner may authorize dissection.
(c) Where the husband, wife or next of kin
charged by law with the duty of burial authorize dissection for the purpose of
ascertaining the cause of death, and then only to the extent so authorized.
(d) Where authorized by the provisions of NRS 451.350 to 451.470,
inclusive.
(e) Where authorized by the provisions of NRS 451.500 to 451.598,
inclusive.
2. Every person who makes, causes or
procures to be made any dissection of the body of a human being, except as
provided in subsection 1, is guilty of a gross misdemeanor.
[1911 C&P § 208; RL § 6473; NCL § 10156]—(NRS A
1963, 198, 534; 1969, 161; 1989, 432; 2007, 793)
NRS 451.015 Commercial use of aborted embryo or fetus prohibited; penalty. Any person who uses, or makes available for
the use of another, the remains of an aborted embryo or fetus for any
commercial purpose shall be fined not less than $250 nor more than $5,000.
(Added to NRS by 1985, 1902)
NRS 451.020 Burial or cremation within reasonable time after death;
transportation and disposal of residue of cremated body.
1. Except in cases of dissection provided
for in NRS 451.010, and where a dead body shall
rightfully be carried through or removed from the State for the purpose of
burial elsewhere, every dead body of a human being lying within this state, and
the remains of any dissected body after dissection, shall be decently buried or
cremated within a reasonable time after death.
2. The residue resulting from the
cremation of the body of a deceased person may be transported in this state in
any manner, without any permit therefor, and may be disposed of in any manner
desired, or directed by the decedent, by the person charged by law with the
duty of burying the body.
[1911 C&P § 208; RL § 6473; NCL § 10156]—(NRS A
1969, 716)
NRS 451.023 Responsibility of surviving spouse or parent for burial or
cremation of deceased spouse or child. The
husband or wife of a minor child or the parent of an unmarried or otherwise
unemancipated minor child shall be primarily responsible for the decent burial
or cremation of his or her spouse or such child within a reasonable time after
death.
(Added to NRS by 1971, 131)
NRS 451.024 Authority to order burial; acceptance of legal and financial
responsibility for burial; execution of affidavit.
1. The following persons, in the following
order of priority, may order the burial of human remains of a deceased person:
(a) A person designated as the person with
authority to order the burial of the human remains of the decedent in a legally
valid document or in an affidavit executed in accordance with subsection 7;
(b) If the decedent was, at the time of death, on
active duty as a member of the Armed Forces of the United States, a reserve
component thereof or the National Guard, a person designated by the decedent in
the United States Department of Defense Record of Emergency Data, DD Form 93,
or its successor form, as the person authorized to direct disposition of the
human remains of the decedent;
(c) The spouse of the decedent;
(d) An adult son or daughter of the decedent;
(e) Either parent of the decedent;
(f) An adult brother or sister of the decedent;
(g) A grandparent of the decedent;
(h) A guardian of the person of the decedent at
the time of death;
(i) A person who held the primary domicile of the
decedent in joint tenancy with the decedent at the time of death; and
(j) A person who meets the requirements of
subsection 2.
2. If, 30 days or more after the death of
a decedent, the coroner or sheriff, as applicable, has conducted an investigation
to determine whether a person specified in paragraphs (a) to (i), inclusive, of
subsection 1 exists and, upon completion of that investigation, is unable to
identify or locate a person specified in those paragraphs, any other person may
order the burial of the human remains of the decedent if the person:
(a) Is at least 18 years of age; and
(b) Executes an affidavit affirming:
(1) That he or she knew the decedent;
(2) The length of time that he or she knew
the decedent;
(3) That he or she does not know the
whereabouts of any of the persons specified in paragraphs (a) to (i),
inclusive, of subsection 1; and
(4) That he or she willingly accepts legal
and financial responsibility for the burial of the human remains of the
decedent.
3. A person who accepts legal and
financial responsibility for the burial of the human remains of a decedent as
described in subparagraph (4) of paragraph (b) of subsection 2 does not have a
claim against the estate of the decedent or against any other person for the
cost of the burial.
4. If the deceased person was an indigent
or other person for whom the final disposition of the decedent’s remains is a
responsibility of a county or the State, the appropriate public officer may
order the burial of the remains and provide for the respectful disposition of
the remains.
5. If the deceased person donated his or
her body for scientific research or, before the person’s death, a medical
facility was made responsible for the final disposition of the person, a
representative of the scientific institution or medical facility may order the
burial of his or her remains.
6. A living person may order the burial of
human remains removed from his or her body or the burial of his or her body
after death. In the latter case, any person acting pursuant to his or her
instructions is an authorized agent.
7. A person 18 years of age or older
wishing to authorize another person to order the burial of his or her human
remains in the event of the person’s death may execute an affidavit before a
notary public in substantially the following form:
State of Nevada }
}ss
County of ................................ }
(Date)
...................................
I,
.............................., (person authorizing another person to order the
burial of his or her human remains in the event of his or her death) do hereby
designate .............................. (person who is being authorized to
order the burial of the human remains of a person in the event of his or her
death) to order the burial of my human remains upon my death.
Subscribed and sworn to before me
this ........
day of the month of ......... of the
year ........
......................................................................
(Notary Public)
(Added to NRS by 2003, 1880; A 2011, 193, 197)
NRS 451.025 Reimbursement for burial expenses paid with public money. If the governing body of any county, city or
town within the State of Nevada must arrange for and order the decent burial of
any person dying within such county, city or town, leaving a husband or wife or
parent in whose custody such person remained at the time he or she died, which
husband or wife or parent is not indigent and not otherwise eligible for
assistance as a poor person and expenses for a decent burial have been paid out
of public funds pursuant to such an order, the county, city or town must be
reimbursed for its expenses of burial of the dead body of such person by the
husband, wife or parent charged by law with the duty of burial.
(Added to NRS by 1971, 131; A 1983, 139)
NRS 451.030 Removal of remains for sale or dissection; purchases;
punishment.
1. A person who removes the dead body of a
human being, or any part thereof, from a grave, vault or other place where it
has been buried or deposited awaiting burial or cremation, without authority of
law, with the intent to sell it, or for the purpose of securing a reward for
its return, or for dissection, or from malice or wantonness, is guilty of a
category D felony and shall be punished as provided in NRS 193.130.
2. A person who purchases or receives,
except for burial or cremation, any such dead body, or any part thereof,
knowing that it has been removed contrary to the provisions of subsection 1, is
guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. A person who opens a grave or other
place of interment, temporary or otherwise, or a building where such a dead
body is deposited while awaiting burial or cremation, without authority of law,
with the intent to remove the body or any part thereof, for the purpose of
selling or demanding money for it, for dissection, from malice or wantonness,
or with the intent to sell or remove the coffin or any part thereof or anything
attached thereto, or any vestment or other article interred or intended to be
interred with the body, is guilty of a category D felony and shall be punished
as provided in NRS 193.130.
[1911 C&P § 210; RL § 6475; NCL § 10158]—(NRS A
1967, 581; 1979, 1470; 1989, 576; 1995, 1279)
NRS 451.040 Seizure of remains for debt; interference with dead body;
penalty.
1. Every person who shall arrest or attach
the dead body of a human being upon a debt or demand, or shall detain or claim
to detain it for any debt or demand or upon any pretended lien or charge, shall
be guilty of a misdemeanor.
2. Every person who, without authority of
law, shall obstruct or detain a person engaged in carrying or accompanying the
dead body of a human being to a place of burial or cremation shall be guilty of
a misdemeanor.
[1911 C&P § 211; RL § 6476; NCL § 10159]
NRS 451.045 Permit for disinterment or removal of human remains within
State.
1. Except as otherwise provided in NRS 451.050, the local health officer may issue a
permit for the disinterment or removal of human remains. The permit must
indicate the name of the cemetery, mausoleum, columbarium or other place of
burial where the remains will be interred, inurned or buried.
2. Except as otherwise provided in
subsection 4, a person in charge of a cemetery, mausoleum, columbarium or other
place of burial shall not disinter or remove or permit disinterment or removal
of human remains unless the person has received a copy of such a permit.
3. A person who violates the provisions of
this section is guilty of a misdemeanor.
4. A county coroner is not required to
obtain a permit from the local health officer for the disinterment, removal or
transportation of human remains while carrying out his or her duties as the
county coroner.
(Added to NRS by 1961, 254; A 1989, 381)
NRS 451.050 Permit for disinterment or removal of human remains out of
State.
1. Any person, company, association or
corporation in this State who shall exhume or disinter, or who shall cause to
be exhumed or disinterred, any human remains, or any part of such remains,
which have been buried in the ground in this State, for the purpose of
transporting the same to any other state or foreign country, except under the
conditions provided in subsection 2, shall be guilty of a misdemeanor.
2. The boards of county commissioners of
the several counties in which human remains are buried or interred, as provided
in subsection 1, are authorized to grant and to issue written permits for the
disinterment and removal of any such human remains referred to in subsection 1,
whenever in their judgment the public health will not be endangered by such
disinterment and removal; but no such permit shall be granted or issued under
any circumstances or at any time where the person or persons buried or interred
have died from or with any contagious or loathsome disease.
[1911 C&P § 287; RL § 6552; NCL § 10235] + [1911
C&P § 288; RL § 6553; NCL § 10236]—(NRS A 1967, 582)
NRS 451.060 Penalties for noncompliance of common carrier.
1. Any transportation company or common
carrier transporting or carrying, or accepting through its agents or employees
for transportation or carriage, the body of any deceased person, without an
accompanying permit issued in accordance with law, shall be punished by a fine
of not more than $250. If the death occurred outside of the State and the body
is accompanied by a burial, removal or transit permit issued in accordance with
the law or board of health regulations in force where the death occurred, such
burial, removal or transit permit may be held to authorize the transportation
or carriage of the body into or through the State.
2. Any railroad, transportation or express
company which receives for transportation and shipment any dead human body,
unless the body has been prepared by a regularly licensed embalmer of the State
of Nevada, with the removal permit, his or her name and the number of the
embalmer’s license attached thereon, and unless the body shall reach its
destination within the boundaries of this state and within 30 hours from time
of death, shall be punished by a fine of not more than $500.
[Part 10:28:1909; A 1917, 66; 1919 RL § 4454; NCL §
2674] + [Part 21:199:1911; RL § 2972; NCL § 5255]—(NRS A 1967, 582; 1979, 1470)
NRS 451.065 Unlawful to require remains to be embalmed or otherwise prepared
before disposition; exceptions; penalty.
1. Except as otherwise provided in
subsections 2 and 3, no crematory, funeral home, cemetery or other place that
accepts human remains for disposition may require the remains to be embalmed or
otherwise prepared before their disposition by cremation, interment or
otherwise, or before their removal from or into any registration district.
2. The State Board of Health may require
embalming or other preparations if necessary to protect the public.
3. If embalming is not required by the
State Board of Health pursuant to subsection 2, the Nevada Funeral and Cemetery
Services Board may authorize the embalming of a body if it determines that it is
necessary to preserve the body and the crematory, funeral home, cemetery or
other place that accepts human remains for disposition:
(a) Has held the body for at least 72 hours;
(b) Is unable to notify a member of the family or
other authorized person to obtain approval to embalm the body; and
(c) Has no reason to believe that the family or
other authorized person does not wish to have the body embalmed.
4. Any person who violates this section is
guilty of a misdemeanor.
(Added to NRS by 1973, 192; A 1977, 361; 1993, 2606; 1997, 2580; 2003, 1279)
NRS 451.067 Designation of family cemetery; notification of Division of
Public and Behavioral Health of designation.
1. The board of county commissioners of a
county whose population is less than 55,000 may adopt an ordinance allowing one
or more natural persons to designate as a family cemetery an area of land owned
by any of those persons for the interment in that area without charge of any
member of the family of any of them or any other person.
2. Before the first interment in a family
cemetery designated in accordance with an ordinance adopted pursuant to
subsection 1, a member of the family or a representative of the family shall
notify the Division of Public and Behavioral Health of the Department of Health
and Human Services of the designation of the family cemetery and its specific
location on the land owned by the family.
(Added to NRS by 2001, 988; A 2011, 1277)
REMOVAL OF HUMAN REMAINS BY CEMETERY AUTHORITY
NRS 451.069 “Cemetery authority” defined. As
used in NRS 451.069 to 451.330,
inclusive, “cemetery authority” means any natural person, partnership,
association, corporation or public entity, including the Nevada System of
Higher Education or any cemetery district, owning or leasing the land or other
property of a cemetery or operating a cemetery as a business in this State.
(Added to NRS by 1979, 1561; A 1993, 405; 2001, 988)
NRS 451.070 Authority to order disinterment and removal of human remains. A cemetery authority may order the
disinterment and removal of all human remains interred in all or any part of
any cemetery if the cemetery authority or a governmental authority determines
that the further maintenance of all or any part of the cemetery as a burial
place for the human dead is not in accordance with the health, safety, comfort
or welfare of the public or if the cemetery authority determines that financial
provision must be made for future care of gravesites within a specified area.
(Added to NRS by 1961, 459; A 1979, 1561; 2001, 989)
NRS 451.080 Regulations governing manner of removal and reinterment; time
for removal and reinterment.
1. The cemetery authority may prescribe
reasonable regulations governing the manner of making disinterments and
removals and providing for reinterment in a portion of the existing cemetery or
in any other cemetery or for deposit of the remains in any memorial mausoleum
or columbarium or for providing appropriate future care.
2. The cemetery authority must prescribe a
reasonable time of not less than 1 year after which the cemetery authority may
proceed to remove the remains and reinter them in another cemetery or deposit
them in a memorial mausoleum or columbarium.
(Added to NRS by 1961, 459; A 1979, 1561; 2001, 989)
NRS 451.110 Notice of determination to remove human remains.
1. Notice of a determination to remove the
human remains from all or any part of any cemetery must be given by publication
in a newspaper of general circulation published in the city, or the county if
the cemetery is in an unincorporated area, in which the cemetery or the portion
from which removals are to be made is situated. Publication must be at least
once a week for 4 consecutive weeks.
2. The notice must specify the period
after which the cemetery authority may remove the remains.
(Added to NRS by 1961, 460; A 2001, 989)
NRS 451.130 Posting of copies of notice in cemetery. Copies of the notice shall, within 10 days
after the first publication, be posted in at least three conspicuous places in
the cemetery or the portion from which removals are to be made.
(Added to NRS by 1961, 460)
NRS 451.140 Mailing of copy of notice to owner of plot or heir of person
interred.
1. A copy of the notice must be mailed to
every person who owns, holds, or has the right of interment in, any plot in the
cemetery or part affected, whose name appears upon the records of the cemetery
or upon the real property assessment roll of the county in which the cemetery
is located. The notice must be addressed to the last known post office address
of the plot owner as it appears from the records of the cemetery or county
assessor, and if the owner’s address does not appear or is not known, then to
him or her in the city in which the cemetery is situated.
2. The notice must also be mailed to each
known living heir at law of any person whose remains are interred in the
cemetery, if his or her address is known.
(Added to NRS by 1961, 460; A 1979, 1562)
NRS 451.150 Notice to cemetery authority by friend or relative. At any time before the date fixed for the
removal of remains by the cemetery authority, any relative or friend of any
person whose remains are interred in the cemetery from which removals are to be
made may give the cemetery authority written notice that the relative or friend
desires to be present when the remains are disinterred or are reinterred.
(Added to NRS by 1961, 460)
NRS 451.160 Notice to cemetery authority by friend or relative: Contents. The notice to the cemetery authority shall specify:
1. The name of the person whose remains
are to be disinterred.
2. As accurately as possible, the plot
where the remains are interred.
3. The date of interment.
4. An address at which the required
notices may be given by the cemetery authority.
(Added to NRS by 1961, 461)
NRS 451.170 Notice to cemetery authority by friend or relative: Manner of
delivery. The notice may be
delivered, or forwarded by registered or certified mail, to the office or
principal place of business of the cemetery authority proposing to make
removals.
(Added to NRS by 1961, 461; A 1969, 95)
NRS 451.180 Notice by cemetery authority; manner of service on friend or
relative. After receipt of such
notice before the date fixed for the removal of the remains by the cemetery
authority, it shall give written notice to the person requesting it of the time
when the remains shall be disinterred. This notice shall be given by delivery,
or by mail, to the person requesting it at least 10 days prior to the date
specified for the disinterment of the remains.
(Added to NRS by 1961, 461)
NRS 451.190 Notice to cemetery authority by friend or relative: Effect. Whenever a request of notice is given by a
relative or friend, the cemetery authority shall not disinter the remains
referred to until the notice of the time of disinterment is given the relative
or friend, as provided in NRS 451.150 to 451.180, inclusive.
(Added to NRS by 1961, 461)
NRS 451.260 Removal of human remains. After
the completion of notice and after the expiration of the period specified in
the notice, the cemetery authority may cause the removal of all human remains
interred in the cemetery or portion from which the remains have been ordered removed,
and may reinter such remains in other cemeteries in this state where interments
are permitted, without further notice to any person claiming any interest in
the cemetery, or portion affected, or in the remains interred therein.
(Added to NRS by 1961, 462; A 2001, 989)
NRS 451.270 Manner of reinterment. The
remains of each person reinterred shall be placed in a separate and suitable
receptacle and decently and respectfully interred under rules and regulations
adopted by the cemetery authority making the removal.
(Added to NRS by 1961, 462)
NRS 451.280 Disposal of land by cemetery authority; authority to sell and
encumber. Whenever human remains
have been ordered removed under the provisions of NRS
451.069 to 451.330, inclusive, and the cemetery
authority has made and published notice of the determination to remove such
remains, the portions of the cemetery in which no interments have been made,
and those portions from which all human remains have been removed, may be sold,
mortgaged or otherwise encumbered as security for any loan or loans made to the
cemetery authority.
(Added to NRS by 1961, 462; A 1979, 1562; 2001, 989)
NRS 451.290 Sale or encumbrance of land; confirmation by district court of
sale by cemetery corporation or association. No
order of any court shall be required prior to the making of any such sale,
mortgage or other encumbrance of such lands; but any sale of such cemetery
lands made by any cemetery corporation or association controlled by a governing
body shall be fairly conducted and the price paid shall be fair and reasonable
and all such sales shall be confirmed, as to the fairness and reasonableness of
the price paid, by the district court of the county in which the lands are
situated.
(Added to NRS by 1961, 462)
NRS 451.300 Petition for confirmation; notice of hearing. Petitions for confirmation of sales shall be
made to the district court of the county in which such lands are situated, and
the clerk of the court shall fix a day for and give notice of hearing by publication
on three dates of publication prior to the hearing, and if the newspaper is
published oftener than once a week there shall be at least 10 days from the
first to last dates of publication (both first and last days included).
(Added to NRS by 1961, 462; A 1977, 274)
NRS 451.310 Confirmation of sale agreed upon before receipt of notice of
determination that further maintenance of cemetery is not in accordance with
health, safety, comfort or welfare of public. If,
before receiving notice of any determination made by a governmental authority
pursuant to NRS 451.070, any cemetery authority has
in good faith entered into any agreement to sell or has granted any option to
buy all or any portion of its cemetery lands for a price reasonable at the time
the agreement to sell was made, or the option granted, the district court shall
confirm the sale at the price stipulated in the agreement to sell or the option
to buy.
(Added to NRS by 1961, 462; A 1979, 1562; 2001, 990)
NRS 451.320 Declaration of removal by cemetery authority: Filing;
acknowledgment; effect of subsequent conveyance.
1. After the removal of all human remains
interred in any part of the whole of the cemetery lands, the cemetery authority
may file for record in the office of the county recorder of the county in which
the lands are situated a written declaration reciting that all human remains
have been removed from the lands described in the declaration.
2. The declaration shall be acknowledged
in the manner of the acknowledgment of deeds to real property by the president
and secretary, or other corresponding officers of the cemetery authority, or by
the person owning or controlling the cemetery lands, and thereafter any deed,
mortgage or other conveyance of any part of such lands is conclusive evidence
in favor of any grantee or mortgagee named in it, and his or her successor or
assigns, of the fact of the complete removal of all human remains therefrom.
(Added to NRS by 1961, 463)
NRS 451.330 Removal of dedication; notice of hearing and proof. After all remains have been removed from a
cemetery in accordance with the provisions of NRS
451.069 to 451.330, inclusive, the dedication
may be removed from all or any part of such cemetery lands by an order and
decree of the district court of the county in which the property is situated,
in a proceeding brought for that purpose and upon notice of hearing and proof
satisfactory to the court:
1. That all bodies have been removed, or
that no interments were made; and
2. That the property is no longer used or
required for interment.
(Added to NRS by 1961, 463; A 1979, 1563; 2001, 990)
REMOVAL OF HUMAN REMAINS INTERRED IN RELIGIOUS CEMETERY
NRS 451.340 Disinterment by heir or relative must comply with requirements
of religious denomination, society or church; authority of officer,
representative or agent of church or religious society.
1. The heirs, relatives or friends of any
decedent whose remains have been interred in any cemetery owned, governed or
controlled by any religious corporation or by any church or religious society
of any denomination or by any corporation sole administering temporalities of
any religious denomination, society or church, or owned, governed or controlled
by any person or persons as trustee or trustees for any religious denomination,
society or church shall not disinter, remove, reinter or dispose of any such
remains except in accordance with the rules, regulations and discipline of such
religious denomination, society or church.
2. The officers, representatives or agents
of the church or religious society shall be the sole judge of the requirements
of the rules, regulations and discipline of such religious denomination,
society or church.
(Added to NRS by 1961, 463)
ANATOMICAL DISSECTION
NRS 451.350 “Committee” defined. As
used in NRS 451.350 to 451.470,
inclusive, “Committee” means the Committee on Anatomical Dissection established
by the Nevada System of Higher Education.
(Added to NRS by 1963, 531; A 1969, 161; 1993, 405)
NRS 451.360 Establishment and composition of Committee; election and terms
of Chair and Secretary.
1. The Nevada System of Higher Education
may establish a Committee on Anatomical Dissection consisting of:
(a) One member who is a physician licensed to practice
medicine pursuant to the provisions of chapter
630 of NRS, appointed by the Nevada State Medical Association.
(b) One member who is an osteopathic physician
licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, appointed by the Nevada
Osteopathic Medical Association.
(c) One member who is a dentist licensed to
practice dentistry pursuant to the provisions of chapter
631 of NRS, appointed by the Nevada Dental Association.
(d) One member who is a pathologist, appointed by
the Nevada Society of Pathologists.
(e) One member appointed by the President of the
University of Nevada, Reno, from the faculty of the University of Nevada, Reno.
(f) One member appointed by the President of the
University of Nevada, Las Vegas, from the faculty of the University of Nevada,
Las Vegas.
(g) One member appointed by the President of the
Touro University College of Osteopathic Medicine, Nevada, or its successor,
from the faculty of the Touro University College of Osteopathic Medicine,
Nevada.
(h) The Chief Medical Officer, or a designee of
the Chief Medical Officer.
(i) One member appointed by the Nevada Funeral
Service Association.
2. The Committee shall elect:
(a) The member appointed by the President of the
University of Nevada, Reno, or the member appointed by the President of the
University of Nevada, Las Vegas, to serve as Chair of the Committee; and
(b) A Secretary from among its members.
3. The Chair and Secretary shall hold
office for a term of 1 year.
(Added to NRS by 1963, 531; A 1969, 1442; 1993, 405; 2005, 601)
NRS 451.370 Meetings, records and budget of Committee.
1. The Committee shall meet:
(a) At least twice annually and at other times
specified by a call of the Chair of the Committee or a majority of its members;
and
(b) At places specified by the Chair.
2. The Committee shall keep full and
complete minutes and an audio recording or transcript of each meeting of the
Committee and a complete record of all dead human bodies received and
distributed by it and of the persons to whom the bodies may be distributed. The
minutes, audio recordings, transcripts and records must be open at all times
for inspection by each member of the Committee and by the district attorney of
any county within the State.
3. The Secretary of the Committee is
responsible for keeping the minutes of each meeting of the Committee and
preparing and maintaining a complete file of the minutes, audio recordings,
transcripts and records of the Committee.
4. The Committee shall prepare and approve
an annual budget for the Committee.
(Added to NRS by 1963, 531; A 1969, 1443, 1458; 1993, 405; 2005, 602, 1414; 2013, 1625)
NRS 451.380 Compensation of members of Committee. The
members of the Committee shall serve without salary.
(Added to NRS by 1963, 532)
NRS 451.390 Regulations of Committee. The
Committee shall adopt such regulations as it may deem necessary for the
performance of its duties, including, without limitation, regulations
concerning the persons and entities that are eligible to receive dead bodies
pursuant to NRS 451.450.
(Added to NRS by 1963, 532; A 1983, 1444; 2005, 602)
NRS 451.400 Notification of Committee or its designee concerning dead human
body which is unclaimed or required to be buried at public expense; delivery of
body as designated by Committee.
1. All public officers, agents or
employees of every county, city or town, every person in charge of any prison,
morgue, hospital, funeral parlor or mortuary, and all other persons coming into
possession, charge or control of any dead human body which is unclaimed or
which is required to be buried at public expense are hereby required to notify
immediately the Committee or its designee.
2. Except as otherwise provided in NRS 451.420, every person required to notify the
Committee or its designee of the person’s possession, charge or control of a
dead human body pursuant to subsection 1 shall, upon the request of the
Committee and without fee, deliver such a dead body to the Committee, or to
such agent, institution or person as the Committee may designate.
(Added to NRS by 1963, 532; A 2003, 385; 2005, 602)
NRS 451.410 Retention of bodies received by Committee; referral of excess or
unfit bodies to board of county commissioners for burial or cremation. Each dead human body received by the Committee
shall be retained in a receiving vault for a period of not less than 30 days
before allowing its use for medical science. If at any time more bodies are
made available to the Committee than can be used for medical science under its
jurisdiction, or a body shall be deemed by the Committee to be unfit for
anatomical purposes, the Committee may notify, in writing, the board of county
commissioners of the county where the death occurred. Upon receiving such
notification, the board of county commissioners shall direct a person to take
charge of such body and cause it to be buried or cremated in accordance with
the existing rules, laws and practices for disposing of unclaimed bodies within
such county.
(Added to NRS by 1963, 532; A 2005, 603)
NRS 451.420 Committee to receive notice of death for unclaimed indigent
person; limitations on delivery of bodies to Committee.
1. Notice of death must be given to the
Committee in all cases of unclaimed indigent persons.
2. If any relative, by blood or marriage,
claims the body for burial at the expense of the relative, the body must not be
delivered to the Committee, but must be surrendered to the claimant for
interment.
3. No such body may be delivered to the
Committee if any friend of the deceased, any representative of a fraternal
society of which the deceased was a member, any representative of a veterans’
organization recognized by the Director of the Department of Veterans Services,
or any representative of any charitable or religious organization claims the
body for burial at its expense.
4. If the deceased person was an honorably
discharged member of the Armed Forces of the United States or the State, the
body must not be delivered to the Committee, but must be buried in accordance
with the provisions of the existing laws. If a veterans’ organization claims
the body of a deceased veteran pursuant to subsection 3, the veterans’
organization must provide a military funeral.
(Added to NRS by 1963, 532; A 2003, 385)
NRS 451.430 Delivery of body by Committee to friend or other claimant;
payment of expenses; military funeral required by veterans’ organization that
claims body. Any dead human body
which has been delivered to the Committee may be claimed by any friend of the
deceased, any representative of a fraternal society of which the deceased was a
member, a veterans’ organization recognized by the Director of the Department
of Veterans Services, or any representative of any charitable or religious
organization. Upon receipt of such a claim, the body must be surrendered to the
claimant by the Committee after the payment to the Committee of the expenses
incurred in obtaining and handling the body. If a veterans’ organization claims
the body of a deceased veteran pursuant to this section, the veterans’
organization must provide a military funeral.
(Added to NRS by 1963, 532; A 2003, 386)
NRS 451.440 Contract for delivery of body to Committee prohibited; Committee
authorized to accept body left by will.
1. The Committee is prohibited from
entering into any contract, oral or written, whereby any sum of money shall be
paid to any living person in exchange for which the body of such person shall
be delivered to the Committee when such living person dies.
2. If any person executes a will leaving
the person’s body to the Committee for the advancement of medical science and
such person dies within the geographical limits of the State, the Committee is
hereby empowered to accept and receive such body.
(Added to NRS by 1963, 532)
NRS 451.450 Distribution of bodies among schools, teaching hospitals and
other persons or entities; fees; penalty.
1. The Committee or its duly authorized
agent shall take and receive the bodies delivered to it pursuant to the
provisions of NRS 451.350 to 451.470,
inclusive, and shall distribute such bodies proportionately and equitably,
among schools, teaching hospitals in which there is a resident training program
that requires cadaveric material for study, and such other person or entity as
the Committee may determine to be eligible to receive such bodies.
2. The Committee shall charge and collect:
(a) From a university, state college, community
college or medical school within the Nevada System of Higher Education and any
other medical school in this State to which the Committee distributes a dead
human body in accordance with subsection 1, a fee in an amount not to exceed
the expenses of the Committee to obtain, handle and distribute the body
delivered to it pursuant to the provisions of NRS 451.350
to 451.470, inclusive; and
(b) From any other person or entity to which the
Committee distributes a dead human body in accordance with subsection 1:
(1) A fee in an amount not to exceed the
expenses of the Committee to obtain, handle and distribute the body delivered
to it pursuant to the provisions of NRS 451.350 to 451.470, inclusive; and
(2) An additional fee of $200 for each
body distributed to the person or entity which must be used by the Committee to
carry out the provisions of NRS 451.350 to 451.470, inclusive.
3. A person or entity may not receive a
dead body for the promotion of medical science unless the Committee has
determined that the person or entity is eligible to receive the dead body. A
person or entity who receives a dead body in violation of this subsection is
guilty of a gross misdemeanor.
(Added to NRS by 1963, 533; A 1969, 161; 2005, 603)
NRS 451.460 Recipient of body received from Committee required to give bond;
approval, amount and conditions of bond. The
Committee shall not distribute a body delivered to it pursuant to the
provisions of NRS 451.350 to 451.470,
inclusive, to a university, school, college, teaching hospital or entity
pursuant to NRS 451.450 until the university,
school, college, teaching hospital or entity submits a bond, in a form approved
by the Attorney General, to the Committee. Such bond must be in the penal sum
of $1,000 conditioned that all such bodies received by such university, school,
college, teaching hospital or entity must be used for no other purpose than the
promotion of medical science within this State.
(Added to NRS by 1963, 533; A 2005, 603)
NRS 451.470 Disposal of remains after use. At
any time any body, or part of any body accepted by the Committee, has been used
and deemed of no further value to medical or dental science, the person having
charge of such body or parts of such body shall dispose of the remains by
cremation or as otherwise specified under prior mutually agreed special
conditions of acceptance.
(Added to NRS by 1963, 533; A 1969, 161; 2005, 604)
ANATOMICAL GIFTS (UNIFORM ACT)
NRS 451.500 Short title. NRS 451.500 to 451.598,
inclusive, may be cited as the Revised Uniform Anatomical Gift Act.
(Added to NRS by 1969, 158; A 1977, 449; 1979, 351; 1989, 433; 2007, 794)
NRS 451.503 Applicability of Act. NRS 451.500 to 451.598,
inclusive, apply to an anatomical gift or amendment to, revocation of or
refusal to make an anatomical gift, whenever made.
(Added to NRS by 1989, 432; A 2007, 794)
NRS 451.505 Uniformity of application and construction. In applying and construing the Revised Uniform
Anatomical Gift Act, consideration must be given to the need to promote
uniformity of the law with respect to its subject matter among states that
enact it.
(Added to NRS by 1969, 158; A 1989, 433; 2007, 794)
NRS 451.510 Definitions. As
used in NRS 451.500 to 451.598,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 451.513 to 451.5545,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1969, 158; A 1987, 316; 1989, 433; 1991, 482; 2007, 794)
NRS 451.511 “Adult” defined. “Adult”
means a natural person who is at least 18 years of age.
(Added to NRS by 2007, 780)
NRS 451.512 “Agent” defined. “Agent”
means a natural person:
1. Authorized to make health-care
decisions on the principal’s behalf by a power of attorney for health care; or
2. Expressly authorized to make an
anatomical gift on the principal’s behalf by any other record signed by the
principal.
(Added to NRS by 2007, 781)
NRS 451.513 “Anatomical gift” defined. “Anatomical
gift” means a donation of all or part of a human body to take effect after the
donor’s death for the purpose of transplantation, therapy, research or
education.
(Added to NRS by 1989, 431; A 2007, 794)
NRS 451.520 “Decedent”
defined. “Decedent” means a deceased natural person whose
body or part is or may be the source of an anatomical gift. The term includes a
stillborn infant and, subject to restrictions imposed by law other than NRS 451.500 to 451.598,
inclusive, a fetus.
(Added to NRS by 1969, 158; A 1989, 433; 2007, 794)
NRS 451.522 “Disinterested
witness” defined. “Disinterested witness” means a witness
other than the spouse, child, parent, sibling, grandchild, grandparent or
guardian of the natural person who makes, amends, revokes or refuses to make an
anatomical gift, or another adult who exhibited special care and concern for
the natural person. The term does not include a person to which an anatomical
gift could pass under NRS 451.571.
(Added to NRS by 2007, 781)
NRS 451.523 “Document of gift” defined. “Document
of gift” means a donor card or other record used to make an anatomical gift.
The term includes a statement or symbol on a driver’s license, identification
card or donor registry.
(Added to NRS by 1989, 431; A 1991, 482, 2172; 2003, 828; 2007, 794)
NRS 451.525 “Donor” defined. “Donor”
means a natural person whose body or part is the subject of an anatomical gift.
(Added to NRS by 1969, 158; A 1989, 433; 2007, 794)
NRS 451.526 “Donor registry” defined. “Donor
registry” means a database that contains records of anatomical gifts and
amendments to or revocations of anatomical gifts. The term includes, without
limitation, a donor registry that has entered into a contract with the
Department of Motor Vehicles pursuant to NRS
483.340 or 483.840.
(Added to NRS by 2007, 781)
NRS 451.528 “Driver’s
license” defined. “Driver’s license” means a license or
permit issued by the Department of Motor Vehicles to operate a vehicle, whether
or not conditions are attached to the license or permit.
(Added to NRS by 2007, 781)
NRS 451.5285 “Eye bank” defined. “Eye
bank” means a person that is licensed, accredited or regulated under federal or
state law to engage in the recovery, screening, testing, processing, storage or
distribution of human eyes or portions of human eyes.
(Added to NRS by 2007, 781)
NRS 451.529 “Guardian” defined. “Guardian”
means a person appointed by a court to make decisions regarding the support,
care, education, health or welfare of a natural person. The term does not
include a guardian ad litem.
(Added to NRS by 2007, 781)
NRS 451.530 “Hospital” defined. “Hospital”
means a facility licensed as a hospital under the laws of any state or a facility
operated as a hospital by the United States, a state or a subdivision of a
state.
(Added to NRS by 1969, 158; A 1989, 433; 2007, 795)
NRS 451.532 “Identification card” defined. “Identification
card” means an identification card issued by the Department of Motor Vehicles
pursuant to chapter 483 of NRS.
(Added to NRS by 1991, 482; A 2001, 2624)
NRS 451.533 “Know” defined. “Know”
means to have actual knowledge.
(Added to NRS by 2007, 781)
NRS 451.5335 “Minor” defined. “Minor”
means a natural person who is under 18 years of age.
(Added to NRS by 2007, 781)
NRS 451.534 “Organ procurement organization” defined. “Organ procurement organization” means a
person designated by the Secretary of the United States Department of Health
and Human Services as an organ procurement organization.
(Added to NRS by 2007, 781)
NRS 451.5345 “Parent” defined. “Parent”
means a parent whose parental rights have not been terminated.
(Added to NRS by 2007, 781)
NRS 451.535 “Part” defined. “Part”
means an organ, an eye or any tissue of a human being. The term does not
include the whole body.
(Added to NRS by 1969, 158; A 1989, 433; 2007, 795)
NRS 451.540 “Person” defined. “Person”
means a natural person, corporation, business trust, estate, trust,
partnership, limited-liability company, association, joint venture, public
corporation, government or governmental subdivision, agency or instrumentality,
or any other legal or commercial entity.
(Added to NRS by 1969, 158; A 1985, 517; 2007, 795)
NRS 451.545 “Physician” defined. “Physician”
means a natural person authorized to practice medicine or osteopathy under the
laws of any state.
(Added to NRS by 1969, 158; A 1977, 962; 1985, 499; 1989, 433; 2007, 795)
NRS 451.547 “Procurement organization” defined. “Procurement
organization” means an eye bank, organ procurement organization or tissue bank.
(Added to NRS by 1989, 431; A 2007, 795)
NRS 451.5475 “Prospective donor” defined. “Prospective
donor” means a natural person who is dead or near death and has been determined
by a procurement organization to have a part that could be medically suitable
for transplantation, therapy, research or education. The term does not include
a natural person who has made a refusal.
(Added to NRS by 2007, 781)
NRS 451.548 “Reasonably available” defined. “Reasonably
available” means able to be contacted by a procurement organization without
undue effort and willing and able to act in a timely manner consistent with
existing medical criteria necessary for the making of an anatomical gift.
(Added to NRS by 2007, 781)
NRS 451.5485 “Recipient” defined. “Recipient”
means a natural person into whose body a decedent’s part has been or is
intended to be transplanted.
(Added to NRS by 2007, 781)
NRS 451.549 “Record” defined. “Record”
means information that is inscribed on a tangible medium or that is stored in
an electronic or other medium and is retrievable in perceivable form.
(Added to NRS by 2007, 781)
NRS 451.5493 “Refusal” defined. “Refusal”
means a record created under NRS 451.561 that
expressly states an intent to bar other persons from making an anatomical gift
of a natural person’s body or part.
(Added to NRS by 2007, 781)
NRS 451.5497 “Sign” defined. “Sign”
means, with the present intent to authenticate or adopt a record:
1. To execute or adopt a tangible symbol;
or
2. To attach to or logically associate
with the record an electronic symbol, sound or process.
(Added to NRS by 2007, 782)
NRS 451.550 “State” defined. “State”
means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands or any territory or insular possession subject to
the jurisdiction of the United States.
(Added to NRS by 1969, 158; A 1989, 433; 2007, 795)
NRS 451.553 “Technician”
defined. “Technician” means a natural person determined to
be qualified to remove or process parts by an appropriate organization that is
licensed, accredited or regulated under federal or state law. The term includes
an enucleator.
(Added to NRS by 1989, 431; A 2007, 795)
NRS 451.5535 “Tissue” defined. “Tissue”
means a portion of the human body other than an organ or an eye. The term does
not include blood unless the blood is donated for the purpose of research or
education.
(Added to NRS by 2007, 782)
NRS 451.554 “Tissue bank” defined. “Tissue
bank” means a person that is licensed, accredited or regulated under federal or
state law to engage in the recovery, screening, testing, processing, storage or
distribution of tissue.
(Added to NRS by 2007, 782)
NRS 451.5545 “Transplant hospital” defined. “Transplant
hospital” means a hospital that furnishes organ transplants and other medical
and surgical specialty services required for the care of transplant patients.
(Added to NRS by 2007, 782)
NRS 451.556 Persons authorized to make anatomical gift before death of
donor. Subject to NRS 451.562, an anatomical gift of a donor’s body or
part may be made during the life of the donor for the purpose of
transplantation, therapy, research or education in the manner provided in NRS 451.558 by:
1. The donor, if the donor is an adult or
if the donor is a minor and is:
(a) Emancipated; or
(b) Authorized under state law to apply for a
driver’s license because the donor is at least 16 years of age;
2. An agent of the donor, unless the power
of attorney for health care or other record prohibits the agent from making an
anatomical gift;
3. A parent of the donor, if the donor is
an unemancipated minor; or
4. The donor’s guardian.
(Added to NRS by 2007, 782)
NRS 451.558 Manner of making anatomical gift before death of donor.
1. A donor may make an anatomical gift:
(a) By authorizing a statement or symbol indicating
that the donor has made an anatomical gift to be imprinted on the donor’s
driver’s license or identification card;
(b) In a will;
(c) During a terminal illness or injury of the
donor, by any form of communication addressed to at least two adults, at least
one of whom is a disinterested witness; or
(d) As provided in subsection 2.
2. A donor or other person authorized to
make an anatomical gift under NRS 451.556 may make
a gift by a donor card or other record signed by the donor or other person
making the gift or by authorizing that a statement or symbol indicating that
the donor has made an anatomical gift be included on a donor registry. If the
donor or other person is physically unable to sign a record, the record may be
signed by another natural person at the direction of the donor or other person
and must:
(a) Be witnessed by at least two adults, at least
one of whom is a disinterested witness, who have signed at the request of the
donor or the other person; and
(b) State that it has been signed and witnessed
as provided in paragraph (a).
3. An anatomical gift made in the manner
described in paragraph (a) of subsection 1 by a donor who is at least 16 years
of age but less than 18 years of age is valid and may not be revoked by a
parent or guardian if the donor and his or her parent or guardian sign a form prescribed
by the Department of Motor Vehicles which indicates that unless the anatomical
gift is amended or revoked by the donor before his or her death, the anatomical
gift may not be amended or revoked by the parent or guardian of the donor.
4. Revocation, suspension, expiration or
cancellation of a driver’s license or identification card upon which an
anatomical gift is indicated does not invalidate the gift.
5. An anatomical gift made by will takes
effect upon the donor’s death whether or not the will is probated. Invalidation
of the will after the donor’s death does not invalidate the gift.
(Added to NRS by 2007, 782; A 2013, 435)
NRS 451.559 Amending or revoking anatomical gift before death of donor.
1. Subject to NRS
451.562, a donor or other person authorized to make an anatomical gift
under NRS 451.556 may amend or revoke an anatomical
gift by:
(a) A record signed by:
(1) The donor;
(2) The other person; or
(3) Subject to subsection 2, another
natural person acting at the direction of the donor or the other person if the
donor or other person is physically unable to sign; or
(b) A later-executed document of gift that amends
or revokes a previous anatomical gift or portion of an anatomical gift, either
expressly or by inconsistency.
2. A record signed pursuant to
subparagraph (3) of paragraph (a) of subsection 1 must:
(a) Be witnessed by at least two adults, at least
one of whom is a disinterested witness, who have signed at the request of the
donor or the other person; and
(b) State that it has been signed and witnessed
as provided in paragraph (a).
3. Subject to NRS
451.562, a donor or other person authorized to make an anatomical gift
under NRS 451.556 may revoke an anatomical gift by
the destruction or cancellation of the document of gift, or the portion of the
document of gift used to make the gift, with the intent to revoke the gift.
4. A donor may amend or revoke an
anatomical gift that was not made in a will by any form of communication during
a terminal illness or injury addressed to at least two adults, at least one of
whom is a disinterested witness.
5. A donor who makes an anatomical gift in
a will may amend or revoke the gift in the manner provided for amendment or
revocation of wills or as provided in subsection 1.
(Added to NRS by 2007, 783)
NRS 451.561 Refusal to make anatomical gift; effect of refusal.
1. A natural person may refuse to make an
anatomical gift of his or her body or part by:
(a) A record signed by:
(1) Him or her; or
(2) Subject to subsection 2, another
natural person acting at his or her direction if he or she is physically unable
to sign;
(b) The natural person’s will, whether or not the
will is admitted to probate or invalidated after his or her death; or
(c) Any form of communication made by the natural
person during his or her terminal illness or injury addressed to at least two
adults, at least one of whom is a disinterested witness.
2. A record signed pursuant to
subparagraph (2) of paragraph (a) of subsection 1 must:
(a) Be witnessed by at least two adults, at least
one of whom is a disinterested witness, who have signed at the request of the
natural person; and
(b) State that it has been signed and witnessed
as provided in paragraph (a).
3. A natural person who has made a refusal
may amend or revoke the refusal:
(a) In the manner provided in subsection 1 for
making a refusal;
(b) By subsequently making an anatomical gift
pursuant to NRS 451.558 that is inconsistent with
the refusal; or
(c) By destroying or cancelling the record
evidencing the refusal, or the portion of the record used to make the refusal,
with the intent to revoke the refusal.
4. Except as otherwise provided in
subsection 8 of NRS 451.562, in the absence of an
express, contrary indication by the natural person set forth in the refusal, a
natural person’s unrevoked refusal to make an anatomical gift of his or her
body or part bars all other persons from making an anatomical gift of the
natural person’s body or part.
(Added to NRS by 2007, 783)
NRS 451.562 Preclusive effect of anatomical gift, amendment or revocation.
1. Subject to the provisions of
subsections 6 and 7, in the absence of an express, contrary indication by the
donor, a person other than the donor is barred from making, amending or
revoking an anatomical gift of a donor’s body or part if the donor made an
anatomical gift of the donor’s body or part under NRS
451.558 or an amendment to an anatomical gift of the donor’s body or part
under NRS 451.559.
2. A donor’s revocation of an anatomical
gift of the donor’s body or part under NRS 451.559
is not a refusal and does not bar another person specified in NRS 451.556 or 451.566
from making an anatomical gift of the donor’s body or part under NRS 451.558 or 451.568.
3. If a person other than the donor makes
an unrevoked anatomical gift of the donor’s body or part under NRS 451.558 or an amendment to an anatomical gift of
the donor’s body or part under NRS 451.559, another
person may not make, amend or revoke the gift of the donor’s body or part under
NRS 451.568.
4. A revocation of an anatomical gift of a
donor’s body or part under NRS 451.559 by a person
other than the donor does not bar another person from making an anatomical gift
of the body or part under NRS 451.558 or 451.568.
5. In the absence of an express, contrary
indication by the donor or other person authorized to make an anatomical gift
under NRS 451.556, an anatomical gift of a part is
neither a refusal to give another part nor a limitation on the making of an
anatomical gift of another part at a later time by the donor or another person.
6. In the absence of an express, contrary
indication by the donor or other person authorized to make an anatomical gift
under NRS 451.556, an anatomical gift of a part for
one or more of the purposes set forth in NRS 451.556
is not a limitation on the making of an anatomical gift of the part for any of
the other purposes by the donor or any other person under NRS 451.558 or 451.568.
7. Except as otherwise provided in NRS 451.558, if a donor who is an unemancipated minor
dies, a parent or guardian of the donor who is reasonably available may revoke
or amend an anatomical gift of the donor’s body or part.
8. If an unemancipated minor who signed a
refusal dies, a parent or guardian of the minor who is reasonably available may
revoke the minor’s refusal.
(Added to NRS by 2007, 784; A 2013, 436)
NRS 451.566 Persons authorized to make anatomical gift of body or part of
decedent.
1. Subject to subsections 2 and 3 and
unless barred by NRS 451.561 or 451.562, an anatomical gift of a decedent’s body or part
for the purpose of transplantation, therapy, research or education may be made
by any member of the following classes of persons who is reasonably available,
in the order of priority listed:
(a) An agent of the decedent at the time of death
who could have made an anatomical gift under subsection 2 of NRS 451.556 immediately before the decedent’s death;
(b) The spouse of the decedent;
(c) Adult children of the decedent;
(d) Parents of the decedent;
(e) Adult siblings of the decedent;
(f) Adult grandchildren of the decedent;
(g) Grandparents of the decedent;
(h) An adult who exhibited special care and
concern for the decedent;
(i) The persons who were acting as the guardians
of the person of the decedent at the time of death; and
(j) Any other person having the authority to
dispose of the decedent’s body.
2. If there is more than one member of a
class listed in paragraphs (a), (c), (d), (e), (f), (g) or (i) of subsection 1
entitled to make an anatomical gift, an anatomical gift may be made by a member
of the class unless that member or a person to which the gift may pass under NRS 451.571 knows of an objection by another member of
the class. If an objection is known, the gift may be made only by a majority of
the members of the class who are reasonably available.
3. A person may not make an anatomical
gift if, at the time of the decedent’s death, a person in a prior class under
subsection 1 is reasonably available to make or to object to the making of an
anatomical gift.
(Added to NRS by 2007, 784)
NRS 451.568 Manner of making, amending or revoking anatomical gift of body
or part of decedent.
1. A person authorized to make an
anatomical gift under NRS 451.566 may make an
anatomical gift by a document of gift signed by the person making the gift or
by that person’s oral communication that is electronically recorded or is
contemporaneously reduced to a record and signed by the natural person
receiving the oral communication.
2. Subject to subsection 3, an anatomical
gift by a person authorized under NRS 451.566 may
be amended or revoked orally or in a record by any member of a prior class who
is reasonably available. If more than one member of the prior class is
reasonably available, the gift made by a person authorized under NRS 451.566 may be:
(a) Amended only if a majority of the reasonably
available members agree to the amending of the gift; or
(b) Revoked only if a majority of the reasonably
available members agree to the revoking of the gift or if they are equally
divided as to whether to revoke the gift.
3. A revocation under subsection 2 is
effective only if, before an incision has been made to remove a part from the
donor’s body or before invasive procedures have begun to prepare the recipient,
the procurement organization, transplant hospital or physician or technician
knows of the revocation.
(Added to NRS by 2007, 785)
NRS 451.571 Persons who may receive anatomical gift; purpose of anatomical
gift.
1. An
anatomical gift may be made to the following persons named in the document of
gift:
(a) A
hospital, accredited medical school, dental school, college, university, organ
procurement organization or other appropriate person, for research or
education;
(b) Subject
to subsection 2, a natural person designated by the person making the
anatomical gift if the natural person is the recipient of the part; or
(c) An
eye bank or tissue bank.
2. If
an anatomical gift to a natural person under paragraph (b) of subsection 1 is
not medically suitable for transplantation into the natural person, the gift,
in the absence of an express, contrary indication by the person making the
gift:
(a) If
it is medically suitable for transplantation or therapy for other natural
persons, must be used for transplantation or therapy, and the gift passes in
accordance with subsection 8.
(b) If
it is not medically suitable for transplantation or therapy for other natural
persons, may be used for research or education and, if so used, the gift passes
to the appropriate procurement, research or educational organization or other
appropriate person for research or education.
3. If
an anatomical gift of one or more specific parts or of all parts is made in a
document of gift that does not name a person described in subsection 1 but
identifies the purpose for which an anatomical gift may be used, the following
rules apply:
(a) If
the part is an eye and the gift is for the purpose of transplantation or
therapy, the gift passes to the appropriate eye bank.
(b) If
the part is tissue and the gift is for the purpose of transplantation or
therapy, the gift passes to the appropriate tissue bank.
(c) If
the part is an organ and the gift is for the purpose of transplantation or therapy,
the gift passes to the appropriate organ procurement organization as custodian
of the organ.
(d) If
the part is an organ, an eye or tissue and the gift is for the purpose of
research or education, the gift passes to the appropriate procurement, research
or educational organization or other appropriate person for research or
education.
4. For
the purpose of subsection 3, if there is more than one purpose of an anatomical
gift set forth in the document of gift but the purposes are not set forth in any
priority, the gift, in the absence of an express, contrary indication by the
person making the gift:
(a) If
it is medically suitable for transplantation or therapy, must be used for
transplantation or therapy, and the gift passes in accordance with paragraphs
(a), (b) and (c) of subsection 3.
(b) If
it is not medically suitable for transplantation or therapy, may be used for
research or education and, if so used, the gift passes to the appropriate
procurement, research or educational organization or other appropriate person
for research or education.
5. If
an anatomical gift of one or more specific parts is made in a document of gift
that does not name a person described in subsection 1 and does not identify the
purpose of the gift, the gift, in the absence of an express, contrary
indication by the person making the gift:
(a) If
it is medically suitable for transplantation or therapy, must be used for
transplantation or therapy, and the gift passes in accordance with subsection
8.
(b) If
it is not medically suitable for transplantation or therapy, may be used for
research or education and, if so used, the gift passes to the appropriate
procurement, research or educational organization or other appropriate person
for research or education.
6. If
a document of gift specifies only a general intent to make an anatomical gift
by words such as “donor” or “organ donor” or by a symbol or statement of
similar import, the gift, in the absence of an express, contrary indication by
the person making the gift:
(a) If
it is medically suitable for transplantation or therapy, must be used for
transplantation or therapy, and the gift passes in accordance with subsection
8.
(b) If
it is not medically suitable for transplantation or therapy, may be used for
research or education and, if so used, the gift passes to the appropriate
procurement, research or educational organization or other appropriate person
for research or education.
7. If
a document of gift specifies only a general intent to make an anatomical gift by
words such as “body donor” or by a symbol or statement of similar import, the
gift, in the absence of an express, contrary indication by the person making
the gift:
(a) If
any part is medically suitable for transplantation or therapy, must be used for
transplantation or therapy, and the gift passes in accordance with subsection
8.
(b) If
any part is not medically suitable for transplantation or therapy, may be used
for research or education and, if so used, the gift passes to the appropriate
procurement, research or educational organization or other appropriate person
for research or education.
8. For
purposes of subsections 2, 5, 6 and 7, if an anatomical gift is medically
suitable for transplantation or therapy, the following rules apply:
(a) If
a family member of the donor resides in this State and is a medically suitable
recipient for the gift, the gift passes to the family member.
(b) If no family member exists as described in
paragraph (a):
(1) If the part is an eye, the gift passes
to the appropriate eye bank.
(2) If
the part is tissue, the gift passes to the appropriate tissue bank.
(3) If
the part is an organ, the gift passes to the appropriate organ procurement
organization as custodian of the organ.
9. An
anatomical gift of an organ for transplantation or therapy, other than an
anatomical gift under paragraph (b) of subsection 1, passes to the organ
procurement organization as custodian of the organ.
10. If
an anatomical gift does not pass pursuant to subsections 1 to 9, inclusive, or
the decedent’s body or part is not used for transplantation, therapy, research
or education, custody of the body or part passes to the person under obligation
to dispose of the body or part.
11. A
person may not accept an anatomical gift if the person knows that the gift was
not effectively made under NRS 451.558 or 451.568 or if the person knows that the decedent made
a refusal under NRS 451.561 that was not revoked.
For purposes of this subsection, if a person knows that an anatomical gift was
made on a document of gift, the person is deemed to know of any amendment or
revocation of the gift or any refusal to make an anatomical gift on the same
document of gift.
12. Except
as otherwise provided in paragraph (b) of subsection 1 and subsection 8,
nothing in NRS 451.500 to 451.598,
inclusive, affects the allocation of organs for transplantation or therapy.
13. As used in this section, “family
member” means a person who is related to the donor within the fourth degree of
consanguinity or affinity.
(Added to NRS by 2007, 785; A 2011, 1007)
NRS 451.572 Search and notification.
1. The following persons shall make a
reasonable search of a natural person who the person reasonably believes is
dead or near death for a document of gift or other information identifying the
natural person as a donor or as a natural person who made a refusal:
(a) A law enforcement officer, firefighter,
paramedic or other emergency rescuer finding the natural person; and
(b) If no other source of the information is
immediately available, a hospital, as soon as practical after the natural
person’s arrival at the hospital.
2. If a document of gift or a refusal to
make an anatomical gift is located by the search required by paragraph (a) of
subsection 1 and the natural person or deceased natural person to whom it
relates is taken to a hospital, the person responsible for conducting the
search shall send the document of gift or refusal to the hospital.
3. A person is not subject to criminal or
civil liability for failing to discharge the duties imposed by this section but
may be subject to administrative sanctions.
(Added to NRS by 2007, 787)
NRS 451.578 Delivery of document of gift not required; right to examine.
1. A document of gift need not be
delivered during the donor’s lifetime to be effective.
2. Upon or after a natural person’s death,
a person in possession of a document of gift or a refusal to make an anatomical
gift with respect to the natural person shall allow examination and copying of
the document of gift or refusal by a person authorized to make or object to the
making of an anatomical gift with respect to the natural person or by a person
to which the gift could pass under NRS 451.571.
(Added to NRS by 2007, 788)
NRS 451.579 Rights and duties of procurement organization and others.
1. When a hospital refers a natural person
at or near death to a procurement organization, the organization shall make a
reasonable search of the records of any donor registry that it knows exists for
the geographical area in which the natural person resides to ascertain whether
the natural person has made an anatomical gift.
2. When a hospital refers a natural person
at or near death to a procurement organization, the organization may conduct
any reasonable examination necessary to ensure the medical suitability of a
part that is or could be the subject of an anatomical gift for transplantation,
therapy, research or education from a donor or a prospective donor. During the
examination period, measures necessary to ensure the medical suitability of the
part may not be withdrawn unless the hospital or procurement organization knows
that the natural person expressed a contrary intent.
3. Unless prohibited by law other than NRS 451.500 to 451.598,
inclusive, at any time after a donor’s death, the person to which a part passes
under NRS 451.571 may conduct any reasonable
examination necessary to ensure the medical suitability of the body or part for
its intended purpose.
4. Unless prohibited by law other than NRS 451.500 to 451.598,
inclusive, an examination under subsection 2 or 3 may include an examination of
all medical and dental records of the donor or prospective donor.
5. Upon the death of a minor who was a
donor or had signed a refusal, unless a procurement organization knows the
minor is emancipated, the procurement organization shall conduct a reasonable
search for the parents of the minor and provide the parents with an opportunity
to revoke or amend the anatomical gift or revoke the refusal.
6. Upon referral by a hospital under
subsection 1, a procurement organization shall make a reasonable search for any
person listed in NRS 451.566 having priority to
make an anatomical gift on behalf of a prospective donor. If a procurement
organization receives information that an anatomical gift to any other person
was made, amended or revoked, it shall promptly advise the other person of all
relevant information.
7. Subject to subsection 10 of NRS 451.571 and 451.597,
the rights of the person to which a part passes under NRS
451.571 are superior to the rights of all others with respect to the part.
The person may accept or reject an anatomical gift in whole or in part. Subject
to the terms of the document of gift and NRS 451.500
to 451.598, inclusive, a person that accepts an
anatomical gift of an entire body may allow embalming, burial or cremation, and
use of remains in a funeral service. If the gift is of a part, the person to
which the part passes under NRS 451.571, upon the
death of the donor and before embalming, burial or cremation, shall cause the
part to be removed without unnecessary mutilation.
8. Neither the physician who attends the
decedent at death nor the physician who determines the time of the decedent’s
death may participate in the procedures for removing or transplanting a part
from the decedent.
9. A physician or technician may remove a
donated part from the body of a donor that the physician or technician is
qualified to remove.
10. In the absence of an express, contrary
indication by the donor or other person authorized to make an anatomical gift,
if an anatomical gift of a part has been made for the purpose of
transplantation or therapy and the part is medically suitable for that purpose,
the appropriate procurement organization shall discuss with a person authorized
to make an anatomical gift under NRS 451.556 the
person’s willingness to make an anatomical gift of any other part for the
purpose of research or education.
(Added to NRS by 2007, 788)
NRS 451.584 Coordination of procurement and use. Each
hospital in this State shall enter into agreements or affiliations with
procurement organizations for coordination of procurement and use of anatomical
gifts.
(Added to NRS by 2007, 789)
NRS 451.590 Sale or purchase of parts prohibited; penalties.
1. Except as otherwise provided in
subsection 2, a person shall not knowingly, for valuable consideration,
purchase or sell a part of a natural person for transplantation or therapy if
removal of the part from the natural person is or was intended to occur after
the natural person’s death.
2. A person may charge a reasonable amount
for the removal, processing, preservation, quality control, storage,
transportation, implantation or disposal of a part.
3. A person who violates this section is
guilty of a category C felony and shall be punished as provided in NRS 193.130, or by a fine of not more than
$50,000, or by both fine and the punishment provided in NRS 193.130.
(Added to NRS by 1989, 432; A 1995, 1280; 2007, 795)
NRS 451.591 Other prohibited acts; penalties.
1. A person shall not, in order to obtain
a financial gain, intentionally falsify, forge, conceal, deface or obliterate a
document of gift, an amendment or revocation of a document of gift or a
refusal.
2. A person who violates this section is
guilty of a category C felony and shall be punished as provided in NRS 193.130, or by a fine of not more than
$50,000, or by both fine and the punishment provided in NRS 193.130.
(Added to NRS by 2007, 789)
NRS 451.592 Immunity.
1. A person that acts in accordance with NRS 451.500 to 451.598,
inclusive, or with the applicable anatomical gift law of another state, or
attempts in good faith to do so, is not liable for the act in a civil action,
criminal prosecution or administrative proceeding.
2. Neither the person making an anatomical
gift nor the donor’s estate is liable for any injury or damage that results
from the making or use of the gift.
3. In determining whether an anatomical
gift has been made, amended or revoked under NRS
451.500 to 451.598, inclusive, a person may
rely upon representations of a natural person listed in paragraphs (b), (c),
(d), (e), (f), (g) or (h) of subsection 1 of NRS
451.566 relating to the natural person’s relationship to the donor or
prospective donor unless the person knows that the representation is untrue.
(Added to NRS by 2007, 789)
NRS 451.593 Law governing validity; choice of law as to execution of
document of gift; presumption of validity.
1. A document of gift is valid if executed
in accordance with:
(a) The provisions of NRS
451.500 to 451.598, inclusive;
(b) The laws of the state or country where it was
executed; or
(c) The laws of the state or country where the
person making the anatomical gift was domiciled, has a place of residence or
was a national at the time the document of gift was executed.
2. If a document of gift is valid under
this section, the law of this State governs the interpretation of the document
of gift.
3. A person may presume that a document of
gift or amendment of an anatomical gift is valid unless that person knows that
it was not validly executed or was revoked.
(Added to NRS by 2007, 790)
NRS 451.594 Donor registry.
1. A person shall not create or maintain a
donor registry unless the donor registry complies with the provisions of NRS 451.500 to 451.598,
inclusive, and all other applicable provisions of federal and state law.
2. A donor registry must:
(a) Allow a donor or other person authorized
under NRS 451.556 to include on the donor registry
a statement or symbol that the donor has made, amended or revoked an anatomical
gift;
(b) Be accessible to a procurement organization
to allow it to obtain relevant information on the donor registry to determine,
at or near death of the donor or a prospective donor, whether the donor or
prospective donor has made, amended or revoked an anatomical gift; and
(c) Be accessible for purposes of paragraphs (a)
and (b) 7 days a week on a 24-hour basis.
3. Personally identifiable information on
a donor registry about a donor or prospective donor may not be used or
disclosed without the express consent of the donor, prospective donor or person
that made the anatomical gift for any purpose other than to determine, at or
near death of the donor or prospective donor, whether the donor or prospective
donor has made, amended or revoked an anatomical gift.
4. This section does not apply to a donor
registry that is created to contain records of anatomical gifts and amendments
to or revocations of anatomical gifts of only the whole body of a donor for the
purpose of research or education.
(Added to NRS by 2007, 790)
NRS 451.595 Effect of anatomical gift on advance health-care directive.
1. As used in this section:
(a) “Advance health-care directive” means a power
of attorney for health care or other record signed by a prospective donor, or
executed in the manner set forth in NRS
162A.790, containing the prospective donor’s direction concerning a
health-care decision for the prospective donor.
(b) “Declaration” means a record signed by a
prospective donor, or executed as set forth in NRS 449.600, specifying the circumstances
under which life-sustaining treatment may be withheld or withdrawn from the
prospective donor. The term includes a Physician Order for Life-Sustaining
Treatment form executed pursuant to NRS
449.691 to 449.697, inclusive.
(c) “Health-care decision” means any decision
made regarding the health care of the prospective donor.
2. If a prospective donor has a
declaration or advance health-care directive and the terms of the declaration
or advance health-care directive and the express or implied terms of the
potential anatomical gift are in conflict concerning the administration of
measures necessary to ensure the medical suitability of a part for
transplantation or therapy:
(a) The attending physician of the prospective
donor shall confer with the prospective donor to resolve the conflict or, if
the prospective donor is incapable of resolving the conflict, with:
(1) An agent acting under the declaration
or advance health-care directive of the prospective donor; or
(2) If an agent is not named in the
declaration or advance health-care directive or the agent is not reasonably
available, any other person authorized by law, other than by a provision of NRS 451.500 to 451.598,
inclusive, to make a health-care decision for the prospective donor.
(b) The conflict must be resolved as
expeditiously as practicable.
(c) Information relevant to the resolution of the
conflict may be obtained from the appropriate procurement organization and any
other person authorized to make an anatomical gift of the prospective donor’s
body or part under NRS 451.556.
(d) Before the resolution of the conflict,
measures necessary to ensure the medical suitability of the part may not be
withheld or withdrawn from the prospective donor, if withholding or withdrawing
the measures is not medically contraindicated for the appropriate treatment of
the prospective donor at the end of his or her life.
(Added to NRS by 2007, 790; A 2009, 211; 2013, 2292)
NRS 451.596 Cooperation between coroner and procurement organization.
1. A coroner shall cooperate with
procurement organizations to maximize the opportunity to recover anatomical
gifts for the purpose of transplantation, therapy, research or education.
2. If a coroner receives notice from a procurement
organization that an anatomical gift might be available or was made with
respect to a decedent whose body is under the jurisdiction of the coroner and a
postmortem examination is going to be performed, unless the coroner denies
recovery in accordance with NRS 451.597, the
coroner or designee shall conduct a postmortem examination of the body or the
part in a manner and within a period compatible with its preservation for the
purposes of the gift.
3. A part may not be removed from the body
of a decedent under the jurisdiction of a coroner for transplantation, therapy,
research or education unless the part is the subject of an anatomical gift or
such removal is authorized or required by other law. The body of a decedent
under the jurisdiction of the coroner may not be delivered to a person for
research or education unless the body is the subject of an anatomical gift or
such delivery is authorized or required by NRS 451.350
to 451.470, inclusive, or other law. This
subsection does not preclude a coroner from performing the medicolegal
investigation upon the body or parts of a decedent under the jurisdiction of
the coroner.
(Added to NRS by 2007, 791)
NRS 451.597 Facilitation of anatomical gift from decedent whose body is
under jurisdiction of coroner.
1. Upon request of a procurement
organization, a coroner shall release to the procurement organization the name,
contact information and available medical and social history of a decedent
whose body is under the jurisdiction of the coroner. If the decedent’s body or
part is medically suitable for transplantation, therapy, research or education,
the coroner shall release postmortem examination results to the procurement organization.
The procurement organization may make a subsequent disclosure of the postmortem
examination results or other information received from the coroner only if
relevant to transplantation or therapy.
2. The coroner may conduct a medicolegal
examination by reviewing all medical records, laboratory test results, X rays,
other diagnostic results and other information that any person possesses about
a donor or prospective donor whose body is under the jurisdiction of the
coroner which the coroner determines may be relevant to the investigation.
3. A person that has any information
requested by a coroner pursuant to subsection 2 shall provide that information
as expeditiously as possible to allow the coroner to conduct the medicolegal
investigation within a period compatible with the preservation of parts for the
purpose of transplantation, therapy, research or education.
4. If an anatomical gift has been or might
be made of a part of a decedent whose body is under the jurisdiction of the
coroner and a postmortem examination is not required, or the coroner determines
that a postmortem examination is required but that the recovery of the part
that is the subject of an anatomical gift will not interfere with the
examination, the coroner and procurement organization shall cooperate in the
timely removal of the part from the decedent for the purpose of
transplantation, therapy, research or education.
5. If an anatomical gift of a part from
the decedent under the jurisdiction of the coroner has been or might be made,
but the coroner or designee initially believes that the recovery of the part
could interfere with the postmortem investigation into the decedent’s cause or
manner of death, the coroner or designee shall consult with the procurement
organization or the physician or technician designated by the procurement
organization to remove the part about the proposed recovery. After
consultation, the coroner or designee may allow the recovery by the procurement
organization to proceed and may attend and witness all procedures before,
during and after removal of the part.
6. Following the consultation under
subsection 5, if the coroner or designee still intends to deny recovery, the
coroner or designee, at the request of the procurement organization, shall consult
additionally with the physician or technician designated by the procurement
organization to remove the part before making a final determination not to
allow the procurement organization to recover the part. The additional
consultation must be based on the protocols developed pursuant to subsection 10
to resolve conflicts and to maximize the recovery of parts for the purpose of
transplantation or therapy, except that the coroner retains the right to deny
recovery based on clear need for the postmortem examination, including, without
limitation, preservation of the part. After such additional consultation, the
coroner or designee may:
(a) Allow recovery by the procurement
organization to proceed and may attend and witness all procedures before,
during and after removal of the part; or
(b) If the coroner or designee reasonably
believes that the part may be involved in determining the decedent’s cause or
manner of death, deny recovery by the procurement organization.
7. If the coroner or designee denies
recovery under subsection 6:
(a) The coroner or designee shall:
(1) Document in a record the specific
reasons for not allowing recovery of the part;
(2) Include the specific reasons in the
records of the coroner; and
(3) Share such records, including, without
limitation, the specific reasons documented by the coroner or designee for not
allowing recovery of the part, with the procurement organization in the
interest of improving the protocols developed pursuant to subsection 10; and
(b) The procurement organization shall include in
its records the specific reasons documented by the coroner or designee for not
allowing recovery of the part.
8. If the coroner or designee allows
recovery of a part under subsection 4, 5 or 6, the procurement organization,
upon request, shall cause the physician or technician who removes the part to
provide the coroner, in a timely manner, with a record describing the condition
of the part, a biopsy, a photograph and any other information and observations
that would assist in the postmortem examination.
9. If a coroner or designee elects to
attend and witness a removal procedure under subsection 5 or 6, the procurement
organization requesting the recovery of the part shall, upon request by the
coroner or designee, reimburse the coroner or designee for the additional costs
incurred in attending and witnessing the removal procedure.
10. For purposes of subsection 6, the
coroner and the procurement organization shall develop mutually agreed-upon
protocols to resolve conflicts between the coroner and the procurement
organization regarding the recovery of parts. The protocols:
(a) Must focus on maximizing the recovery of
parts for the purpose of transplantation or therapy;
(b) Must allow the coroner the right to deny recovery
of a part where recovery of the part could interfere with the postmortem
investigation into the decedent’s cause or manner of death; and
(c) May include, without limitation, requirements
and procedures concerning:
(1) Consultations and cooperation between
the coroner or designee and the physician or technician designated by the
procurement organization to remove the part;
(2) The taking of photographs before,
during and after removal of the part;
(3) Video recording the removal procedure;
and
(4) The taking of tissue samples from the
part and the conducting of biopsies, testing or other examinations of the part.
(Added to NRS by 2007, 791)
NRS 451.598 Relation to Electronic Signatures in Global and National
Commerce Act. NRS 451.500 to 451.598,
inclusive, modify, limit and supersede the federal Electronic Signatures in
Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify,
limit or supersede Section 101(a) of that Act, 15 U.S.C. § 7001(a), or
authorize electronic delivery of any of the notices described in Section 103(b)
of that Act, 15 U.S.C. § 7003(b).
(Added to NRS by 2007, 793)
CREMATION
NRS 451.600 Definitions. As
used in NRS 451.600 to 451.715,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 451.605 to 451.630,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1993, 2601)
NRS 451.605 “Agent” defined. “Agent”
means, with respect to a particular deceased person, a person authorized to
order the cremation of his or her human remains.
(Added to NRS by 1993, 2601)
NRS 451.610 “Communicable disease” defined. “Communicable
disease” has the meaning ascribed to it in NRS
441A.040.
(Added to NRS by 1993, 2601)
NRS 451.615 “Container” defined. “Container”
means a vessel, whether or not a casket, in which human remains are placed for
cremation.
(Added to NRS by 1993, 2601)
NRS 451.620 “Human remains” defined. “Human
remains” means the body of a deceased person, or part of the body which has been
removed from a living person, in any stage of decomposition.
(Added to NRS by 1993, 2601)
NRS 451.625 “Operator” defined. “Operator”
of a crematory means the person licensed to conduct its business.
(Added to NRS by 1993, 2601)
NRS 451.630 “Urn” defined. “Urn”
means a vessel in which cremated remains can be placed and which can be closed
to prevent leaking or spilling of the remains or the entrance of foreign
material.
(Added to NRS by 1993, 2601)
NRS 451.635 Requirements for licensing.
1. No person may cremate human remains
except in a crematory whose operator is licensed by the Nevada Funeral and
Cemetery Services Board.
2. If a crematory is proposed to be
located in an incorporated city whose population is 60,000 or more or in an
unincorporated town that is contiguous to such an incorporated city, the Board
shall not issue a license to the applicant unless the proposed location of all
structures associated with the crematory are:
(a) In an area which is zoned for mixed,
commercial or industrial use; and
(b) At least 1,500 feet from the boundary line of
any parcel zoned for residential use.
3. The Board shall prescribe and furnish
forms for application for licensing. An application must be in writing and
contain:
(a) The name and address of the applicant and the
location or proposed location of the crematory;
(b) A description of the structure and equipment
to be used in operating the crematory; and
(c) Any further information that the Board may
reasonably require.
4. An application must be signed by the
applicant personally, by one of the partners if the applicant is a partnership,
or by an authorized officer if the applicant is a corporation or other form of
business organization.
5. The Board shall examine the structure
and equipment and, if applicable, the location and shall issue the license if:
(a) It appears that the proposed operation will
meet the requirements of NRS 451.600 to 451.715, inclusive; and
(b) The applicant has paid all fees related to
the application.
6. If the ownership of a crematory is to
be changed, the proposed operator shall apply for licensing at least 30 days
before the change.
(Added to NRS by 1993, 2601; A 2003, 1279; 2013, 236)
NRS 451.640 Adoption of regulations; injunctive relief.
1. The Nevada Funeral and Cemetery
Services Board shall adopt regulations for the administration of NRS 451.600 to 451.715,
inclusive. Unless governed by the regulations of the State Board of Health, the
regulations of the Nevada Funeral and Cemetery Services Board must include,
without limitation:
(a) The conditions under which the remains of a
person who has died from a communicable or otherwise dangerous disease may be
transported to a crematory for cremation; and
(b) The minimum standards for sanitation,
required equipment and protection from fire.
2. The Nevada Funeral and Cemetery
Services Board may bring legal proceedings to enjoin any person who violates
any provision of NRS 451.600 to 451.715, inclusive, any regulation adopted pursuant
thereto or any order of the Board from operating a crematory. Any person who is
so enjoined is liable to the Board for attorney’s fees and court costs.
(Added to NRS by 1993, 2602; A 2003, 1279)
NRS 451.645 Authority of cemetery or funeral home; authority of operator to
contract with or employ licensed funeral director.
1. A cemetery or funeral home may erect
and conduct a crematory if licensed as the operator.
2. Except as otherwise provided in
subsection 2 of NRS 451.635, a crematory may be
erected on or adjacent to the premises of a cemetery or funeral establishment
if the location is zoned for commercial or industrial use, or at any other
location where the local zoning permits. A crematory must conform to all local
building codes and environmental standards.
3. The operator of a crematory may
contract with or employ a licensed funeral director to:
(a) Deal with the public in arranging for
cremations;
(b) Transport human remains to the crematory; or
(c) Distribute, fill out or obtain the return of necessary
papers.
Ê This
subsection does not require the performance of any act by a licensed funeral
director unless other law requires that such an act be performed only by him or
her.
(Added to NRS by 1993, 2602; A 2013, 237)
NRS 451.650 Authority to order cremation; execution of affidavit.
1. The following persons, in the following
order of priority, may order the cremation of human remains of a deceased
person:
(a) A person designated as the person with
authority to order the cremation of the human remains of the decedent in a
legally valid document or in an affidavit executed in accordance with
subsection 5;
(b) If the decedent was, at the time of death, on
active duty as a member of the Armed Forces of the United States, a reserve
component thereof or the National Guard, a person designated by the decedent in
the United States Department of Defense Record of Emergency Data, DD Form 93,
or its successor form, as the person authorized to direct disposition of the
human remains of the decedent;
(c) The spouse of the decedent;
(d) An adult son or daughter of the decedent;
(e) Either parent of the decedent;
(f) An adult brother or sister of the decedent;
(g) A grandparent of the decedent;
(h) A guardian of the person of the decedent at
the time of death; and
(i) A person who held the primary domicile of the
decedent in joint tenancy with the decedent at the time of death.
2. If the deceased person was an indigent
or other person for the final disposition of whose remains a county or the
State is responsible, the appropriate public officer may order cremation of the
remains and provide for the respectful disposition of the cremated remains.
3. If the deceased person donated his or
her body for scientific research or, before the person’s death, a medical
facility was made responsible for the final disposition of the person, a
representative of the scientific institution or medical facility may order
cremation of the remains of the person.
4. A living person may order the cremation
of human remains removed from his or her body or the cremation of the body of
the person after the person’s death. In the latter case, any person acting
pursuant to his or her instructions is an authorized agent.
5. A person 18 years of age or older wishing
to give authority to another person to order the cremation of his or her human
remains upon the person’s death may execute an affidavit before a notary public
in substantially the following form:
State of Nevada }
}ss
County of............................ }
(Date)
.......................................
I,
......................................, (person authorizing another person to
order the cremation of his or her human remains upon his or her death) do
hereby designate .................................. (person who is being
authorized to order the cremation of the human remains of another person in the
event of his or her death) to order the cremation of my human remains upon my
death.
Subscribed and sworn to before me
this ........
day of the month of ......... of the
year .......
..................................................................................
(Notary
Public)
(Added to NRS by 1993, 2602; A 1999, 942; 2003, 1882; 2011, 194)
NRS 451.655 Order of person for cremation and disposition of remains.
1. A prepaid contract for services to be
rendered upon the death of a beneficiary which includes cremation must specify
the disposition of the cremated remains, and that portion of the contract must
be initialed by the person paying for the services. If no additional or
different instructions are given by the agent at the time of the beneficiary’s
death, the operator of a crematory may dispose of the remains as specified.
Upon that disposition, the operator has no further liability with respect to
the remains.
2. A person may order his or her own
cremation and the disposition of his or her own cremated remains. The order
must be signed by the person and by two witnesses. The order may designate the
crematory. A copy of the order must be retained by the signer and a copy sent
to the crematory if designated. The signer may revoke the order or change the
designation of the crematory, and must provide written notice of the action to
the operator of the crematory if designated.
3. When a person who has ordered his or
her own cremation dies, a person in possession of the order and a person
charged with arranging for disposition of the decedent’s body who is aware of
the order shall use their best efforts to ensure that the decedent is cremated,
and the cremated remains are disposed of, according to the order.
4. If a completed order for cremation,
executed before death, and the human remains to which it pertains are in the
possession of the operator of a crematory, and the operator has received
payment for the cremation and the disposition of the cremated remains, the
operator shall perform those acts as ordered and incurs no liability by their
performance.
(Added to NRS by 1993, 2602)
NRS 451.660 Requirements for death certificate and written authorization;
delegation of authority of authorized agent.
1. The operator of a crematory shall not
cremate human remains until a death certificate has been signed and, except as
otherwise provided in NRS 451.655, without first
receiving a written authorization, on a form provided by the operator, signed
by the agent or by the living person from whom the remains have been removed:
(a) Identifying the deceased person or the
remains removed;
(b) Stating whether or not death occurred from a
communicable or otherwise dangerous disease;
(c) Stating the name and address of the agent and
the agent’s relation to the deceased person;
(d) Representing that the agent is aware of no
objection to cremation of the remains by any person who has a right to control
the disposition of the deceased person’s remains; and
(e) Stating the name of the person authorized to
claim the cremated remains or the name of the cemetery or person to whom the
remains are to be sent.
2. An authorized agent may delegate his or
her authority to another person by a written and signed statement containing
the agent’s name, address and relationship to the deceased person and the name
and address of the person to whom the agent’s authority is delegated. The
operator of a crematory incurs no liability by relying upon a signed order for cremation
received by mail or upon a delegation of authority.
(Added to NRS by 1993, 2603)
NRS 451.665 Maintenance of records; identification of remains.
1. The operator of a crematory shall keep
a record of:
(a) Each authorization received;
(b) The name of each person whose human remains
are received;
(c) The date and time of receipt, and a
description of the container in which received;
(d) The date of cremation; and
(e) The final disposition of the cremated
remains.
2. The operator of a crematory shall not
accept unidentified human remains. If the remains are received in a container,
the operator shall place appropriate identification upon the exterior of the
container.
3. If a permit for transportation of human
remains to the crematory is required by the local health authority, the
operator shall file the permit in his or her records.
(Added to NRS by 1993, 2603)
NRS 451.670 Prohibition against requiring placement of remains in casket;
construction and incineration of container.
1. No operator of a crematory may require
that human remains be placed in a casket, or refuse to accept human remains for
cremation because they are not in a casket.
2. The container used must:
(a) Consist of readily combustible materials;
(b) Cover the human remains completely when
closed;
(c) Resist leaking or spilling;
(d) Be rigid enough for easy handling; and
(e) Protect the health and safety of employees of
the operator.
3. Unless otherwise ordered in writing by
the agent, the operator shall incinerate the container as the remains are
cremated.
(Added to NRS by 1993, 2604)
NRS 451.675 Holding of remains awaiting cremation.
1. If the operator of a crematory cannot
cremate human remains immediately after receiving them, the operator shall
place them in a holding facility within or adjacent to the crematory which:
(a) Preserves the dignity of the remains;
(b) Protects for the health and safety of
employees of the operator; and
(c) Is secure from access by anyone other than
those employees, except a laborer in the ordinary course of his or her work.
2. If human remains are not embalmed, they
may not be held longer than 24 hours unless the holding facility is
refrigerated.
3. An operator need not accept for holding
a container from which there is any evidence of leakage of bodily fluids.
(Added to NRS by 1993, 2604)
NRS 451.680 Procedure and space for cremation.
1. The agent, or the person charged with
arranging for disposition of the body of a person who has ordered his or her
own cremation, shall ensure that any artificial device whose incineration would
be dangerous is removed from human remains before their cremation. If he or she
is unable to arrange for its removal before the remains are delivered to a crematory,
he or she shall inform the operator of the crematory.
2. The space within a crematory where
cremation takes place must be enclosed and must not be used for any other
purpose than the cremation of human remains. Immediately before a container is
placed in this chamber, the identification of the human remains within it must
be verified by the operator and any identifying document or label for the urn
must be removed from the container and kept near the control panel until
cremation is complete.
3. Upon the completion of cremation, the
operator shall:
(a) Remove the recoverable residue from the
chamber;
(b) Place the bone fragments in an urn with
proper identification and insofar as practicable place no other material with
them unless authorized by the agent; and
(c) Dispose of the remaining residue.
4. If the cremated remains will not fit in
the urn selected by the agent, the operator of the crematory shall hold the
remains until the agent selects an urn or urns in which the remains will fit.
(Added to NRS by 1993, 2604)
NRS 451.685 Allowance of persons near remains awaiting cremation;
simultaneous cremation of remains of more than one person.
1. The operator of a crematory shall not
permit a person to be present near human remains awaiting cremation, being
cremated, or being removed from the chamber unless the presence of the person
is within the normal scope of his or her work or his or her presence is
authorized by the family of the deceased.
2. The operator of a crematory shall not
simultaneously cremate the remains of more than one person in the same chamber
unless so authorized in writing by the agent for each person whose remains are
to be so cremated. Such a written authorization releases the operator from
liability for commingling of the cremated remains.
(Added to NRS by 1993, 2605)
NRS 451.690 Delivery and transportation of cremated remains.
1. When cremated remains are called for or
delivered, the person receiving the remains and a representative of the
operator of the crematory shall sign a receipt showing the name of the person
whose remains are received and the date, time and place of receipt. The
operator shall retain the receipt. Thereafter, the remains may be transported
in any manner, with a permit if required by the local health authority.
2. If a temporary urn is used to deliver
the cremated remains to the person authorized to claim them, that urn must be
placed in a suitable outer box to increase its security and integrity. The
temporary urn must be marked with the name of the person whose remains it
contains and the name of the operator of the crematory.
3. If cremated remains are to be shipped,
the urn must be packed in a sealed package. A method of shipment must be used
which has an internal tracing system and provides a receipt signed by the
person accepting delivery.
(Added to NRS by 1993, 2605)
NRS 451.695 Disposition of cremated remains: Responsibility; operator of
crematory.
1. Except as otherwise provided in
subsection 2:
(a) The agent who orders cremation is responsible
for the disposition of cremated remains. If within 30 days after cremation the
person named in the authorization has not claimed the cremated remains and no
other disposition is specified in the authorization, the operator of a
crematory may place the vessel containing the cremated remains in a common
compartment with other unclaimed cremated remains. The operator may charge a
fee for storage when the cremated remains are claimed.
(b) If within 2 years after cremation the agent
has not claimed the cremated remains or specified their ultimate disposition,
the operator may dispose of the cremated remains in any manner not prohibited
by NRS 451.700. The agent is liable to the operator
for all reasonable expenses of disposition.
2. If cremation was ordered pursuant to
subsection 2 of NRS 451.650:
(a) The operator may dispose of the cremated
remains in any manner not prohibited by NRS 451.700,
if the cremated remains are not claimed by the agent within 1 year after
cremation.
(b) The operator has a claim against the estate
of the decedent for the reasonable expenses of the disposition if those
expenses are not paid by the State or a political subdivision of the State.
(c) The operator shall not charge a public
officer a fee for storage of the cremated remains.
3. An operator who complies with
subsection 1 or 2, or both, has no further legal liability concerning the
cremated remains so treated.
(Added to NRS by 1993, 2605; A 1997, 2580)
NRS 451.700 Disposition of cremated remains: Restrictions on manner and
location.
1. Except as otherwise provided in
subsection 2 or authorized by the agent who ordered the cremation, no person
may:
(a) Scatter cremated remains in such a manner or
location that the remains are commingled with those of another person; or
(b) Place the cremated remains of more than one
person in the same urn unless the persons are friends or members of the same
family and the urn is designed for the remains of more than one person.
2. Cremated remains may be scattered at
sea or over a public waterway, or by air, from individual closed vessels, or
scattered in an area of a dedicated cemetery from which there is no means of
location or recovery and which is used exclusively for this purpose.
3. Cremated remains may be disposed of in
any manner upon private property if the agent who ordered the cremation so
directs and the owner of the property consents in writing.
4. Cremated remains for disposition
pursuant to subsection 2 or 3 must be, and any other cremated remains may be,
reduced to particles no larger than 1/8 of an inch.
(Added to NRS by 1993, 2605)
NRS 451.705 Effect of execution of order for cremation; liability for
article of value delivered with remains.
1. The signer of an order for the
cremation of human remains warrants the truth of the facts set forth in the
order, including the identity of the person whose remains are to be cremated,
and his or her own authority to order cremation. The signer is personally
liable for any damage resulting from the falsity of a warranted fact or from
his or her lack of authority.
2. The operator of a crematory may cremate
human remains upon receipt of an order signed by the agent. The operator has no
liability for cremating the remains or releasing the cremated remains pursuant
to the order.
3. The operator of a crematory is not
liable for any article of value delivered with human remains.
(Added to NRS by 1993, 2606)
NRS 451.710 Refusal to accept or cremate remains or to release cremated
remains pending resolution of dispute.
1. The operator of a crematory incurs no
liability by refusing to accept or to cremate human remains until the operator
receives a court order or other suitable confirmation that a dispute has been
settled:
(a) If the operator is aware of a dispute
concerning cremation of the remains;
(b) If the operator has a reasonable basis for
questioning any of the representations made by the agent; or
(c) For any other lawful reason.
2. If the operator of a crematory is aware
of a dispute concerning the release or disposition of cremated human remains,
the operator may refuse to release the remains until the dispute has been
resolved or the operator receives a court order authorizing the release or
disposition of the remains. The operator incurs no liability by such a refusal.
(Added to NRS by 1993, 2606)
NRS 451.715 Unlawful acts; abatement of unlawful crematory as public
nuisance.
1. It is unlawful for any person to:
(a) Hold himself or herself out to the public as
the operator of a crematory without being licensed pursuant to NRS 451.635;
(b) Sign an order for cremation knowing that the
order contains incorrect information; or
(c) Violate any other provision of NRS 451.600 to 451.715,
inclusive, any regulation adopted pursuant thereto or any order of the Nevada
Funeral and Cemetery Services Board.
2. It is unlawful for the operator of a
crematory to perform a cremation without an order signed by a person authorized
to order the cremation pursuant to NRS 451.650 or 451.655.
3. If a crematory is operated in this
state in violation of any provision of NRS 451.600
to 451.715, inclusive, any regulation adopted
pursuant thereto or any order of the Nevada Funeral and Cemetery Services
Board, the crematory is a public nuisance and may be abated as such.
(Added to NRS by 1993, 2606; A 1995, 715; 2003, 1280)