NRS 451.566 Persons authorized to make anatomical gift of body or part of decedent; appointment of person to make anatomical gift where other authorized persons unavailable.

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

1. Subject to subsections 2, 3 and 4 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)A person appointed by a district court pursuant to subsection 4.

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.

4. If a person described in paragraphs

(a)to (i), inclusive, of subsection 1 is not available to make an anatomical gift at the time of the decedent’s death, a procurement organization may petition a district court to appoint a person to make an anatomical gift pursuant to paragraph

(j)of subsection 1. The district court may hear the petition ex parte and grant the petition without a hearing. The district court shall not grant such a petition unless the procurement organization has:

(a)Demonstrated to the satisfaction of the district court that the procurement organization has made a reasonable effort pursuant to subsection 5 to determine whether any person described in paragraphs

(a)to (i), inclusive, of subsection 1 is reasonably available;

(b)Determined that no person in a prior class under subsection 1 who is reasonably available objects to the making of an anatomical gift; and

(c)Determined that no evidence exists of the decedent having communicated a desire that his or her body or part not become anatomical gifts, including, without limitation, through a refusal that has not been revoked.

5. Except in the case where the useful life of the body or part does not permit, a reasonable effort shall be deemed to have been made to determine whether any person described in paragraphs

(a)to (i), inclusive, of subsection 1 is reasonably available if a search for such persons has been underway for at least 12 hours. Such a search must include, without limitation:

(a)A check of any records of missing persons maintained by local law enforcement agencies and the National Crime Information Center;

(b)An examination of any personal effects of the decedent; and

(c)In order to obtain information that might lead to the location of any persons described in paragraphs

(a)to (i), inclusive, of subsection 1, the questioning of any persons known to have:

(1)Visited the decedent:

(I)Within the month before his or her death; or

(II)In a medical facility where the decedent was receiving care for the condition that caused his or her death;

(2)Accompanied the body of the decedent; or

(3)Reported the death.

6. As used in this section:

(a)“Local law enforcement agency” means the sheriff’s office of a county, a metropolitan police department or a police department of an incorporated city.

(b)“Medical facility” has the meaning ascribed to it in NRS 449.0151 .