NRS 451.008 Consent not required for determination; prohibition on withholding or withdrawal of organ-sustaining treatment in certain circumstances; notice.

319 words·~1 min read·/nv/chapter-451-dead-bodies/451-008

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. A determination of the death of a person made pursuant to paragraph

(b)of subsection 1 of NRS 451.007 is a clinical decision that does not require the consent of the person’s authorized representative or the family member with the authority to consent or withhold consent.

2. Organ-sustaining treatment must not be withheld or withdrawn from a person determined to be dead pursuant to paragraph

(b)of subsection 1 of NRS 451.007 who is known to the attending physician to be:

(a)Pregnant, so long as it is probable that the fetus will develop to the point of live birth with continued application of organ-sustaining treatment; or

(b)A donor or potential donor of an anatomical gift, for the amount of time necessary to successfully recover the anatomical gift.

3. After a determination of the death of a person is made pursuant to paragraph

(b)of subsection 1 of NRS 451.007 , reasonable efforts must be made:

(a)By the person’s provider of health care to notify a family member or other authorized representative of the person of the determination of death; and

(b)By the health care facility in which the determination of death was made to inform a family member or other authorized representative of the person that the potential costs of continuing to administer organ-sustaining treatment may become the responsibility of the person’s estate or family.

4. As used in this section:

(a)“Anatomical gift” has the meaning ascribed to it in NRS 451.513 .

(b)“Organ-sustaining treatment” means a medical procedure or intervention conducted after a person has been determined to be dead pursuant to paragraph

(b)of subsection 1 of NRS 451.007 that serves only to prolong the viability of the organs of the person or a fetus carried by the person.

MISCELLANEOUS PROVISIONS