NRS 451.569 Release of body or part upon request from procurement organization; requirements; immunity of coroner or medical examiner from liability.

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

1. For the purpose of transplantation only, upon a determination of brain death pursuant to paragraph

(b)of subsection 1 of NRS 451.007 , the coroner or medical examiner may release and authorize the removal of a decedent’s body or part that is in the custody of the coroner or medical examiner if:

(a)The coroner or medical examiner has received a request from a procurement organization;

(b)The body or part is the subject of a valid anatomical gift;

(c)The coroner or medical examiner has no evidence 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that his or her body or part not become anatomical gifts, including, without limitation, through a refusal that has not been revoked;

(d)The procurement organization demonstrates to the satisfaction of the coroner or medical examiner that the procurement organization has made a reasonable effort pursuant to subsection 3 to determine whether any person described in subsection 1 of NRS 451.566 is reasonably available; and

(e)No person described in subsection 1 of NRS 451.566 who is reasonably available objects to the making of an anatomical gift.

2. A coroner or medical examiner is immune from civil or criminal liability for any act or omission performed in accordance with the provisions of this section.

3. 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 subsection 1 of NRS 451.566 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 subsection 1 of NRS 451.566 , 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.

4. 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 .