2005 Nevada Revised Statutes - Chapter 451 — Dead Bodies

CHAPTER 451 - DEAD BODIES

DEFINITIONS

NRS 451.005 Humanremains and remains defined.

DETERMINATION OF DEATH (UNIFORM ACT)

NRS 451.007 Determinationof death.

MISCELLANEOUS PROVISIONS

NRS 451.010 Dissectionof dead human bodies: Limitations; penalty.

NRS 451.015 Commercialuse of aborted embryo or fetus prohibited; penalty.

NRS 451.020 Burialor cremation within reasonable time after death; transportation and disposal ofresidue of cremated body.

NRS 451.023 Responsibilityof surviving spouse or parent for burial or cremation of deceased spouse orchild.

NRS 451.024 Authorityto order burial of human remains; execution of affidavit.

NRS 451.025 Reimbursementfor burial expenses paid with public money.

NRS 451.030 Removalof remains for sale or dissection; purchases; punishment.

NRS 451.040 Seizureof remains for debt; interference with dead body; penalty.

NRS 451.045 Permitfor disinterment or removal of human remains within State.

NRS 451.050 Permitfor disinterment or removal of human remains out of State.

NRS 451.060 Penaltiesfor noncompliance of common carrier.

NRS 451.065 Unlawfulto require remains to be embalmed or otherwise prepared before disposition;exceptions; penalty.

NRS 451.067 Designationof family cemetery; notification of Health Division of designation.

REMOVAL OF HUMAN REMAINS BY CEMETERY AUTHORITY

NRS 451.069 Cemeteryauthority defined.

NRS 451.070 Authorityto order disinterment and removal of human remains.

NRS 451.080 Regulationsgoverning manner of removal and reinterment; time for removal and reinterment.

NRS 451.110 Noticeof determination to remove human remains.

NRS 451.130 Postingof copies of notice in cemetery.

NRS 451.140 Mailingof copy of notice to owner of plot or heir of person interred.

NRS 451.150 Noticeto cemetery authority by friend or relative.

NRS 451.160 Noticeto cemetery authority by friend or relative: Contents.

NRS 451.170 Noticeto cemetery authority by friend or relative: Manner of delivery.

NRS 451.180 Noticeby cemetery authority; manner of service on friend or relative.

NRS 451.190 Noticeto cemetery authority by friend or relative: Effect.

NRS 451.260 Removalof human remains.

NRS 451.270 Mannerof reinterment.

NRS 451.280 Disposalof land by cemetery authority; authority to sell and encumber.

NRS 451.290 Sale or encumbrance of land; confirmation by district court of sale by cemeterycorporation or association.

NRS 451.300 Petitionfor confirmation; notice of hearing.

NRS 451.310 Confirmationof sale agreed upon before receipt of notice of determination that furthermaintenance of cemetery is not in accordance with health, safety, comfort orwelfare of public.

NRS 451.320 Declarationof removal by cemetery authority: Filing; acknowledgment; effect of subsequentconveyance.

NRS 451.330 Removalof dedication; notice of hearing and proof.

REMOVAL OF HUMAN REMAINS INTERRED IN RELIGIOUS CEMETERY

NRS 451.340 Disintermentby heir or relative must comply with requirements of religious denomination,society or church; authority of officer, representative or agent of church orreligious society.

ANATOMICAL DISSECTION

NRS 451.350 Committeedefined.

NRS 451.360 Establishmentand composition of Committee; election and terms of Chairman and Secretary.

NRS 451.370 Meetings,records, budget and reports of Committee.

NRS 451.380 Compensationof members of Committee.

NRS 451.390 Regulationsof Committee.

NRS 451.400 Notificationof Committee or its designee concerning dead human body which is unclaimed orrequired to be buried at public expense; delivery of body as designated byCommittee.

NRS 451.410 Retentionof bodies received by Committee; referral of excess or unfit bodies to board ofcounty commissioners for burial or cremation.

NRS 451.420 Committeeto receive notice of death for unclaimed indigent person; limitations ondelivery of bodies to Committee.

NRS 451.430 Deliveryof body by Committee to friend or other claimant; payment of expenses; militaryfuneral required by veterans organization that claims body.

NRS 451.440 Contractfor delivery of body to Committee prohibited; Committee authorized to acceptbody left by will.

NRS 451.450 Distributionof bodies among schools, teaching hospitals and other persons or entities;fees; penalty.

NRS 451.460 Recipientof body received from Committee required to give bond; approval, amount andconditions of bond.

NRS 451.470 Disposalof remains after use.

ANATOMICAL GIFTS (UNIFORM ACT)

NRS 451.500 Shorttitle.

NRS 451.503 Applicabilityof Act.

NRS 451.505 Uniformityof application and construction.

NRS 451.510 Definitions.

NRS 451.513 Anatomicalgift defined.

NRS 451.520 Decedentdefined.

NRS 451.523 Documentof gift defined.

NRS 451.525 Donordefined.

NRS 451.527 Enucleatordefined.

NRS 451.530 Hospitaldefined.

NRS 451.532 Identificationcard defined.

NRS 451.535 Partdefined.

NRS 451.540 Persondefined.

NRS 451.545 Physiciandefined.

NRS 451.547 Procurementorganization defined.

NRS 451.550 Statedefined.

NRS 451.553 Techniciandefined.

NRS 451.555 Making,amending, revoking and refusing to make gifts: By person.

NRS 451.557 Making,revoking and objecting to gifts: By others.

NRS 451.560 Qualificationsof donees; purposes for which gifts may be made; presumption of validity.

NRS 451.570 Deliveryof document of gift.

NRS 451.573 Immunityof Department of Motor Vehicles and representatives from damages or criminalprosecution.

NRS 451.576 Coordinationof procurement and use; priority for use.

NRS 451.577 Identificationof potential donors: Policies and procedures; search for and notification ofinformation; administrative sanctions.

NRS 451.580 Rightsand duties at death.

NRS 451.582 Examinationof gifts; limitations on liability.

NRS 451.583 Enucleationof eyes.

NRS 451.585 Applicabilityof provisions governing autopsies.

NRS 451.590 Sale or purchase of parts prohibited; penalties.

CREMATION

NRS 451.600 Definitions.

NRS 451.605 Agentdefined.

NRS 451.610 Communicabledisease defined.

NRS 451.615 Containerdefined.

NRS 451.620 Humanremains defined.

NRS 451.625 Operatordefined.

NRS 451.630 Urndefined.

NRS 451.635 Requirementsfor licensing.

NRS 451.640 Adoptionof regulations; injunctive relief.

NRS 451.645 Authorityof cemetery or funeral home; authority of operator to contract with or employlicensed funeral director.

NRS 451.650 Authorityto order cremation of human remains; execution of affidavit.

NRS 451.655 Orderof person for cremation and disposition of his own remains.

NRS 451.660 Requirementsfor death certificate and written authorization; delegation of authority ofauthorized agent.

NRS 451.665 Maintenanceof records; identification of remains.

NRS 451.670 Prohibitionagainst requiring placement of remains in casket; construction and incinerationof container.

NRS 451.675 Holdingof remains awaiting cremation.

NRS 451.680 Procedureand space for cremation.

NRS 451.685 Allowanceof persons near remains awaiting cremation; simultaneous cremation of remainsof more than one person.

NRS 451.690 Deliveryand transportation of cremated remains.

NRS 451.695 Dispositionof cremated remains: Responsibility; operator of crematory.

NRS 451.700 Dispositionof cremated remains: Restrictions on manner and location.

NRS 451.705 Effectof execution of order for cremation; liability for article of value deliveredwith remains.

NRS 451.710 Refusalto accept or cremate remains or to release cremated remains pending resolutionof dispute.

NRS 451.715 Unlawfulacts; abatement of unlawful crematory as public nuisance.

_________

DEFINITIONS

NRS 451.005 Humanremains and remains defined. As used in NRS 451.010 to 451.470, inclusive, unless the contextotherwise requires, human remains or remains means the body of a deceasedperson, and includes the body in any stage of decomposition and the crematedremains of a body.

(Added to NRS by 1961, 254; A 1969, 161; 2003, 1881)

DETERMINATION OF DEATH (UNIFORM ACT)

NRS 451.007 Determinationof death.

1. For legal and medical purposes, a person is dead ifhe has sustained an irreversible cessation of:

(a) Circulatory and respiratory functions; or

(b) All functions of his entire brain, including hisbrain stem.

2. A determination of death made under this sectionmust be made in accordance with accepted medical standards.

3. This section may be cited as the UniformDetermination of Death Act and must be applied and construed to carry out itsgeneral purpose which is to make uniform among the states which enact it thelaw regarding the determination of death.

(Added to NRS by 1979, 226; A 1985, 130)

MISCELLANEOUS PROVISIONS

NRS 451.010 Dissectionof dead human bodies: Limitations; penalty.

1. The right to dissect the dead body of a human beingis limited to cases:

(a) Specially provided by statute or by the directionor will of the deceased.

(b) Where a coroner is authorized under NRS 259.050 or an ordinance enactedpursuant to NRS 244.163 to hold aninquest upon the body, and then only as he may authorize dissection.

(c) Where the husband, wife or next of kin charged bylaw with the duty of burial authorize dissection for the purpose ofascertaining 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 451.590, inclusive.

2. Every person who makes, causes or procures to bemade any dissection of the body of a human being, except as provided insubsection 1, is guilty of a gross misdemeanor.

[1911 C&P 208; RL 6473; NCL 10156](NRS A1963, 198, 534; 1969, 161; 1989, 432)

NRS 451.015 Commercialuse of aborted embryo or fetus prohibited; penalty. Anyperson who uses, or makes available for the use of another, the remains of anaborted 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 Burialor cremation within reasonable time after death; transportation and disposal ofresidue of cremated body.

1. Except in cases of dissection provided for in NRS 451.010, and where a dead body shallrightfully be carried through or removed from the State for the purpose ofburial elsewhere, every dead body of a human being lying within this state, andthe remains of any dissected body after dissection, shall be decently buried orcremated within a reasonable time after death.

2. The residue resulting from the cremation of thebody 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, ordirected by the decedent, by the person charged by law with the duty of buryingthe body.

[1911 C&P 208; RL 6473; NCL 10156](NRS A1969, 716)

NRS 451.023 Responsibilityof surviving spouse or parent for burial or cremation of deceased spouse orchild. The husband or wife of a minor child orthe parent of an unmarried or otherwise unemancipated minor child shall beprimarily responsible for the decent burial or cremation of his or her spouseor such child within a reasonable time after death.

(Added to NRS by 1971, 131)

NRS 451.024 Authorityto order burial of human remains; execution of affidavit.

1. The following persons, in the following order ofpriority, may order the burial of human remains of a deceased person:

(a) A person designated as the person with authority toorder the burial of the human remains of the decedent in a legally validdocument or in an affidavit executed in accordance with subsection 5;

(b) The spouse of the decedent;

(c) An adult son or daughter of the decedent;

(d) Either parent of the decedent;

(e) An adult brother or sister of the decedent;

(f) A grandparent of the decedent;

(g) A guardian of the person of the decedent at thetime of death; and

(h) A person who held the primary domicile of thedecedent in joint tenancy with the decedent at the time of death.

2. If the deceased person was an indigent or otherperson for whom the final disposition of the decedents remains is aresponsibility of a county or the State, the appropriate public officer mayorder the burial of the remains and provide for the respectful disposition ofthe remains.

3. If the deceased person donated his body forscientific research or, before his death, a medical facility was maderesponsible for his final disposition, a representative of the scientificinstitution or medical facility may order the burial of his remains.

4. A living person may order the burial of humanremains removed from his body or the burial of his body after his death. In thelatter case, any person acting pursuant to his instructions is an authorizedagent.

5. A person 18 years of age or older wishing toauthorize another person to order the burial of his human remains in the eventof his death may execute an affidavit before a notary public in substantiallythe following form:

 

State of Nevada }

}ss

County of...........................}

(Date)..................................

I, ..................................., (personauthorizing another person to order the burial of his human remains in theevent of his death) do hereby designate ...................................(person who is being authorized to order the burial of the human remains of aperson in the event of his death) to order the burial of my human remains uponmy death.

Subscribed and sworn to before me this ........

day of the month of ......... of the year .......

............................................................................

(Notary Public)

 

(Added to NRS by 2003, 1880)

NRS 451.025 Reimbursementfor burial expenses paid with public money. Ifthe governing body of any county, city or town within the State of Nevada mustarrange 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 personremained at the time he or she died, which husband or wife or parent is notindigent and not otherwise eligible for assistance as a poor person andexpenses for a decent burial have been paid out of public funds pursuant tosuch an order, the county, city or town must be reimbursed for its expenses ofburial of the dead body of such person by the husband, wife or parent chargedby law with the duty of burial.

(Added to NRS by 1971, 131; A 1983, 139)

NRS 451.030 Removalof remains for sale or dissection; purchases; punishment.

1. A person who removes the dead body of a humanbeing, or any part thereof, from a grave, vault or other place where it hasbeen buried or deposited awaiting burial or cremation, without authority oflaw, with the intent to sell it, or for the purpose of securing a reward forits return, or for dissection, or from malice or wantonness, is guilty of acategory D felony and shall be punished as provided in NRS 193.130.

2. A person who purchases or receives, except forburial or cremation, any such dead body, or any part thereof, knowing that ithas been removed contrary to the provisions of subsection 1, is guilty of acategory D felony and shall be punished as provided in NRS 193.130.

3. A person who opens a grave or other place ofinterment, temporary or otherwise, or a building where such a dead body isdeposited while awaiting burial or cremation, without authority of law, withthe intent to remove the body or any part thereof, for the purpose of sellingor demanding money for it, for dissection, from malice or wantonness, or withthe intent to sell or remove the coffin or any part thereof or anything attachedthereto, or any vestment or other article interred or intended to be interredwith the body, is guilty of a category D felony and shall be punished asprovided in NRS 193.130.

[1911 C&P 210; RL 6475; NCL 10158](NRS A1967, 581; 1979, 1470; 1989, 576; 1995, 1279)

NRS 451.040 Seizureof remains for debt; interference with dead body; penalty.

1. Every person who shall arrest or attach the deadbody of a human being upon a debt or demand, or shall detain or claim to detainit for any debt or demand or upon any pretended lien or charge, shall be guiltyof a misdemeanor.

2. Every person who, without authority of law, shallobstruct or detain a person engaged in carrying or accompanying the dead bodyof a human being to a place of burial or cremation shall be guilty of amisdemeanor.

[1911 C&P 211; RL 6476; NCL 10159]

NRS 451.045 Permitfor disinterment or removal of human remains within State.

1. Except as otherwise provided in NRS 451.050, the local health officer mayissue a permit for the disinterment or removal of human remains. The permitmust indicate the name of the cemetery, mausoleum, columbarium or other placeof burial where the remains will be interred, inurned or buried.

2. Except as otherwise provided in subsection 4, aperson in charge of a cemetery, mausoleum, columbarium or other place of burialshall not disinter or remove or permit disinterment or removal of human remainsunless he has received a copy of such a permit.

3. A person who violates the provisions of thissection is guilty of a misdemeanor.

4. A county coroner is not required to obtain a permitfrom the local health officer for the disinterment, removal or transportationof human remains while carrying out his duties as the county coroner.

(Added to NRS by 1961, 254; A 1989, 381)

NRS 451.050 Permitfor disinterment or removal of human remains out of State.

1. Any person, company, association or corporation inthis State who shall exhume or disinter, or who shall cause to be exhumed ordisinterred, any human remains, or any part of such remains, which have beenburied in the ground in this State, for the purpose of transporting the same toany other state or foreign country, except under the conditions provided insubsection 2, shall be guilty of a misdemeanor.

2. The boards of county commissioners of the severalcounties in which human remains are buried or interred, as provided insubsection 1, are authorized to grant and to issue written permits for thedisinterment and removal of any such human remains referred to in subsection 1,whenever in their judgment the public health will not be endangered by suchdisinterment and removal; but no such permit shall be granted or issued underany circumstances or at any time where the person or persons buried or interredhave died from or with any contagious or loathsome disease.

[1911 C&P 287; RL 6552; NCL 10235] + [1911C&P 288; RL 6553; NCL 10236](NRS A 1967, 582)

NRS 451.060 Penaltiesfor noncompliance of common carrier.

1. Any transportation company or common carriertransporting or carrying, or accepting through its agents or employees fortransportation or carriage, the body of any deceased person, without an accompanyingpermit issued in accordance with law, shall be punished by a fine of not morethan $250. If the death occurred outside of the State and the body isaccompanied by a burial, removal or transit permit issued in accordance withthe law or board of health regulations in force where the death occurred, suchburial, removal or transit permit may be held to authorize the transportationor carriage of the body into or through the State.

2. Any railroad, transportation or express companywhich receives for transportation and shipment any dead human body, unless thebody has been prepared by a regularly licensed embalmer of the State of Nevada,with the removal permit, his name and the number of his embalmers licenseattached thereon, and unless the body shall reach its destination within theboundaries of this state and within 30 hours from time of death, shall bepunished 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 Unlawfulto require remains to be embalmed or otherwise prepared before disposition;exceptions; penalty.

1. Except as otherwise provided in subsections 2 and3, no crematory, funeral home, cemetery or other place that accepts humanremains for disposition may require the remains to be embalmed or otherwiseprepared before their disposition by cremation, interment or otherwise, orbefore their removal from or into any registration district.

2. The State Board of Health may require embalming orother preparations if necessary to protect the public.

3. If embalming is not required by the State Board ofHealth pursuant to subsection 2, the Nevada State Funeral Board may authorizethe embalming of a body if it determines that it is necessary to preserve thebody and the crematory, funeral home, cemetery or other place that acceptshuman remains for disposition:

(a) Has held the body for at least 72 hours;

(b) Is unable to notify a member of the family or otherauthorized person to obtain approval to embalm the body; and

(c) Has no reason to believe that the family or otherauthorized person does not wish to have the body embalmed.

4. Any person who violates this section is guilty of amisdemeanor.

(Added to NRS by 1973, 192; A 1977, 361; 1993, 2606;1997, 2580; 2003,1279)

NRS 451.067 Designationof family cemetery; notification of Health Division of designation.

1. The board of county commissioners of a county whosepopulation is less than 50,000 may adopt an ordinance allowing one or morenatural persons to designate as a family cemetery an area of land owned by anyof those persons for the interment in that area without charge of any member ofthe family of any of them or any other person.

2. Before the first interment in a family cemeterydesignated in accordance with an ordinance adopted pursuant to subsection 1, amember of the family or a representative of the family shall notify the HealthDivision of the Department of Health and Human Services of the designation ofthe family cemetery and its specific location on the land owned by the family.

(Added to NRS by 2001, 988)

REMOVAL OF HUMAN REMAINS BY CEMETERY AUTHORITY

NRS 451.069 Cemeteryauthority defined. As used in NRS 451.069 to 451.330, inclusive, cemetery authoritymeans any natural person, partnership, association, corporation or publicentity, including the Nevada System of Higher Education or any cemeterydistrict, owning or leasing the land or other property of a cemetery oroperating a cemetery as a business in this State.

(Added to NRS by 1979, 1561; A 1993, 405; 2001, 988)

NRS 451.070 Authorityto order disinterment and removal of human remains. Acemetery authority may order the disinterment and removal of all human remainsinterred in all or any part of any cemetery if the cemetery authority or a governmentalauthority determines that the further maintenance of all or any part of thecemetery as a burial place for the human dead is not in accordance with thehealth, safety, comfort or welfare of the public or if the cemetery authoritydetermines that financial provision must be made for future care of gravesiteswithin a specified area.

(Added to NRS by 1961, 459; A 1979, 1561; 2001, 989)

NRS 451.080 Regulationsgoverning manner of removal and reinterment; time for removal and reinterment.

1. The cemetery authority may prescribe reasonableregulations governing the manner of making disinterments and removals andproviding for reinterment in a portion of the existing cemetery or in any othercemetery or for deposit of the remains in any memorial mausoleum or columbariumor for providing appropriate future care.

2. The cemetery authority must prescribe a reasonabletime of not less than 1 year after which the cemetery authority may proceed toremove the remains and reinter them in another cemetery or deposit them in amemorial mausoleum or columbarium.

(Added to NRS by 1961, 459; A 1979, 1561; 2001, 989)

NRS 451.110 Noticeof determination to remove human remains.

1. Notice of a determination to remove the humanremains from all or any part of any cemetery must be given by publication in anewspaper of general circulation published in the city, or the county if thecemetery is in an unincorporated area, in which the cemetery or the portionfrom which removals are to be made is situated. Publication must be at leastonce a week for 4 consecutive weeks.

2. The notice must specify the period after which thecemetery authority may remove the remains.

(Added to NRS by 1961, 460; A 2001, 989)

NRS 451.130 Postingof copies of notice in cemetery. Copies of thenotice shall, within 10 days after the first publication, be posted in at leastthree conspicuous places in the cemetery or the portion from which removals areto be made.

(Added to NRS by 1961, 460)

NRS 451.140 Mailingof copy of notice to owner of plot or heir of person interred.

1. A copy of the notice must be mailed to every personwho owns, holds, or has the right of interment in, any plot in the cemetery orpart affected, whose name appears upon the records of the cemetery or upon thereal 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 plotowner as it appears from the records of the cemetery or county assessor, and ifthe owners address does not appear or is not known, then to him in the city inwhich the cemetery is situated.

2. The notice must also be mailed to each known livingheir at law of any person whose remains are interred in the cemetery, if hisaddress is known.

(Added to NRS by 1961, 460; A 1979, 1562)

NRS 451.150 Noticeto cemetery authority by friend or relative. Atany time before the date fixed for the removal of remains by the cemeteryauthority, any relative or friend of any person whose remains are interred inthe cemetery from which removals are to be made may give the cemetery authoritywritten notice that he desires to be present when the remains are disinterredor are reinterred.

(Added to NRS by 1961, 460)

NRS 451.160 Noticeto 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 bedisinterred.

2. As accurately as possible, the plot where theremains are interred.

3. The date of interment.

4. An address at which the required notices may begiven by the cemetery authority.

(Added to NRS by 1961, 461)

NRS 451.170 Noticeto cemetery authority by friend or relative: Manner of delivery. The notice may be delivered, or forwarded by registered orcertified mail, to the office or principal place of business of the cemeteryauthority proposing to make removals.

(Added to NRS by 1961, 461; A 1969, 95)

NRS 451.180 Noticeby cemetery authority; manner of service on friend or relative. After receipt of such notice before the date fixed for theremoval of the remains by the cemetery authority, it shall give written noticeto 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 itat least 10 days prior to the date specified for the disinterment of the remains.

(Added to NRS by 1961, 461)

NRS 451.190 Noticeto cemetery authority by friend or relative: Effect. Whenevera request of notice is given by a relative or friend, the cemetery authorityshall not disinter the remains referred to until the notice of the time ofdisinterment 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 Removalof human remains. After the completion ofnotice and after the expiration of the period specified in the notice, thecemetery authority may cause the removal of all human remains interred in thecemetery or portion from which the remains have been ordered removed, and mayreinter such remains in other cemeteries in this state where interments arepermitted, without further notice to any person claiming any interest in thecemetery, or portion affected, or in the remains interred therein.

(Added to NRS by 1961, 462; A 2001, 989)

NRS 451.270 Mannerof reinterment. The remains of each person reinterredshall be placed in a separate and suitable receptacle and decently and respectfullyinterred under rules and regulations adopted by the cemetery authority makingthe removal.

(Added to NRS by 1961, 462)

NRS 451.280 Disposalof land by cemetery authority; authority to sell and encumber. Whenever human remains have been ordered removed under theprovisions of NRS 451.069 to 451.330, inclusive, and the cemeteryauthority has made and published notice of the determination to remove suchremains, 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 thecemetery authority.

(Added to NRS by 1961, 462; A 1979, 1562; 2001, 989)

NRS 451.290 Saleor encumbrance of land; confirmation by district court of sale by cemeterycorporation or association. No order of anycourt shall be required prior to the making of any such sale, mortgage or otherencumbrance of such lands; but any sale of such cemetery lands made by anycemetery corporation or association controlled by a governing body shall befairly conducted and the price paid shall be fair and reasonable and all such salesshall be confirmed, as to the fairness and reasonableness of the price paid, bythe district court of the county in which the lands are situated.

(Added to NRS by 1961, 462)

NRS 451.300 Petitionfor confirmation; notice of hearing. Petitionsfor confirmation of sales shall be made to the district court of the county inwhich such lands are situated, and the clerk of the court shall fix a day forand give notice of hearing by publication on three dates of publication priorto the hearing, and if the newspaper is published oftener than once a weekthere 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 Confirmationof sale agreed upon before receipt of notice of determination that furthermaintenance of cemetery is not in accordance with health, safety, comfort orwelfare of public. If, before receiving noticeof any determination made by a governmental authority pursuant to NRS 451.070, any cemetery authority has ingood faith entered into any agreement to sell or has granted any option to buyall or any portion of its cemetery lands for a price reasonable at the time theagreement to sell was made, or the option granted, the district court shallconfirm the sale at the price stipulated in the agreement to sell or the optionto buy.

(Added to NRS by 1961, 462; A 1979, 1562; 2001, 990)

NRS 451.320 Declarationof removal by cemetery authority: Filing; acknowledgment; effect of subsequentconveyance.

1. After the removal of all human remains interred inany part of the whole of the cemetery lands, the cemetery authority may filefor record in the office of the county recorder of the county in which thelands are situated a written declaration reciting that all human remains havebeen removed from the lands described in the declaration.

2. The declaration shall be acknowledged in the mannerof the acknowledgment of deeds to real property by the president and secretary,or other corresponding officers of the cemetery authority, or by the personowning or controlling the cemetery lands, and thereafter any deed, mortgage orother conveyance of any part of such lands is conclusive evidence in favor ofany grantee or mortgagee named in it, and his successor or assigns, of the factof the complete removal of all human remains therefrom.

(Added to NRS by 1961, 463)

NRS 451.330 Removalof dedication; notice of hearing and proof. Afterall remains have been removed from a cemetery in accordance with the provisionsof NRS 451.069 to 451.330, inclusive, the dedication may beremoved from all or any part of such cemetery lands by an order and decree ofthe district court of the county in which the property is situated, in aproceeding brought for that purpose and upon notice of hearing and proofsatisfactory to the court:

1. That all bodies have been removed, or that nointerments were made; and

2. That the property is no longer used or required forinterment.

(Added to NRS by 1961, 463; A 1979, 1563; 2001, 990)

REMOVAL OF HUMAN REMAINS INTERRED IN RELIGIOUS CEMETERY

NRS 451.340 Disintermentby heir or relative must comply with requirements of religious denomination,society or church; authority of officer, representative or agent of church orreligious society.

1. The heirs, relatives or friends of any decedentwhose remains have been interred in any cemetery owned, governed or controlledby any religious corporation or by any church or religious society of anydenomination or by any corporation sole administering temporalities of anyreligious denomination, society or church, or owned, governed or controlled byany person or persons as trustee or trustees for any religious denomination,society or church shall not disinter, remove, reinter or dispose of any suchremains except in accordance with the rules, regulations and discipline of suchreligious denomination, society or church.

2. The officers, representatives or agents of thechurch or religious society shall be the sole judge of the requirements of therules, regulations and discipline of such religious denomination, society orchurch.

(Added to NRS by 1961, 463)

ANATOMICAL DISSECTION

NRS 451.350 Committeedefined. As used in NRS 451.350 to 451.470, inclusive, Committee means theCommittee on Anatomical Dissection established by the Nevada System of HigherEducation.

(Added to NRS by 1963, 531; A 1969, 161; 1993, 405)

NRS 451.360 Establishmentand composition of Committee; election and terms of Chairman and Secretary.

1. The Nevada System of Higher Education may establisha Committee on Anatomical Dissection consisting of:

(a) One member who is a physician licensed to practicemedicine pursuant to the provisions of chapter 630of NRS, appointed by the Nevada State Medical Association.

(b) One member who is an osteopathic physician licensedto practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, appointed by the NevadaOsteopathic Medical Association.

(c) One member who is a dentist licensed to practicedentistry pursuant to the provisions of chapter631 of NRS, appointed by the Nevada Dental Association.

(d) One member who is a pathologist, appointed by theNevada Society of Pathologists.

(e) One member appointed by the President of theUniversity of Nevada, Reno, from the faculty of the University of Nevada, Reno.

(f) One member appointed by the President of theUniversity of Nevada, Las Vegas, from the faculty of the University of Nevada,Las Vegas.

(g) One member appointed by the President of the TouroUniversity College of Osteopathic Medicine, Nevada, or its successor, from the facultyof the Touro University College of Osteopathic Medicine, Nevada.

(h) The State Health Officer, or his designee.

(i) One member appointed by the Nevada Funeral ServiceAssociation.

2. The Committee shall elect:

(a) The member appointed by the President of theUniversity of Nevada, Reno, or the member appointed by the President of theUniversity of Nevada, Las Vegas, to serve as Chairman of the Committee; and

(b) A Secretary from among its members.

3. The Chairman and Secretary shall hold office for aterm of 1 year.

(Added to NRS by 1963, 531; A 1969, 1442; 1993, 405; 2005, 601)

NRS 451.370 Meetings,records, budget and reports of Committee.

1. The Committee shall meet:

(a) At least twice annually and at other timesspecified by a call of the Chairman of the Committee or a majority of itsmembers; and

(b) At places specified by the Chairman.

2. The Committee shall keep full and complete minutesand an audio recording or transcript of each meeting of the Committee and acomplete record of all dead human bodies received and distributed by it and ofthe persons to whom the bodies may be distributed. The minutes, audiorecordings, transcripts and records must be open at all times for inspection byeach member of the Committee and by the district attorney of any county withinthe State.

3. The Secretary of the Committee is responsible forkeeping the minutes of each meeting of the Committee and preparing andmaintaining a complete file of the minutes, audio recordings, transcripts andrecords of the Committee.

4. The Committee shall prepare and approve an annualbudget for the Committee.

5. A report of the activities of the Committee must bemade before September 1 of each even-numbered year covering the biennium endingJune 30 of such year to:

(a) The Presidents of the Nevada System of HigherEducation;

(b) The State Board of Health;

(c) The Governor; and

(d) The Director of the Legislative Counsel Bureau fortransmittal to the appropriate committee or committees of the Legislature.

(Added to NRS by 1963, 531; A 1969, 1443, 1458; 1993,405; 2005, 602, 1414)

NRS 451.380 Compensationof members of Committee. The members of theCommittee shall serve without salary.

(Added to NRS by 1963, 532)

NRS 451.390 Regulationsof Committee. The Committee shall adopt suchregulations as it may deem necessary for the performance of its duties,including, without limitation, regulations concerning the persons and entitiesthat 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 Notificationof Committee or its designee concerning dead human body which is unclaimed orrequired to be buried at public expense; delivery of body as designated byCommittee.

1. All public officers, agents or employees of everycounty, 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 isrequired to be buried at public expense are hereby required to notifyimmediately the Committee or its designee.

2. Except as otherwise provided in NRS 451.420, every person required to notifythe Committee or its designee of his possession, charge or control of a dead humanbody pursuant to subsection 1 shall, upon the request of the Committee andwithout 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 Retentionof bodies received by Committee; referral of excess or unfit bodies to board ofcounty commissioners for burial or cremation. Eachdead human body received by the Committee shall be retained in a receivingvault for a period of not less than 30 days before allowing its use for medicalscience. If at any time more bodies are made available to the Committee thancan be used for medical science under its jurisdiction, or a body shall bedeemed by the Committee to be unfit for anatomical purposes, the Committee maynotify, in writing, the board of county commissioners of the county where thedeath occurred. Upon receiving such notification, the board of countycommissioners shall direct a person to take charge of such body and cause it tobe buried or cremated in accordance with the existing rules, laws and practicesfor disposing of unclaimed bodies within such county.

(Added to NRS by 1963, 532; A 2005, 603)

NRS 451.420 Committeeto receive notice of death for unclaimed indigent person; limitations ondelivery of bodies to Committee.

1. Notice of death must be given to the Committee inall cases of unclaimed indigent persons.

2. If any relative, by blood or marriage, claims thebody for burial at the expense of the relative, the body must not be deliveredto the Committee, but must be surrendered to the claimant for interment.

3. No such body may be delivered to the Committee ifany friend of the deceased, any representative of a fraternal society of whichthe deceased was a member, any representative of a veterans organizationrecognized by the Executive Director for Veterans Services, or anyrepresentative of any charitable or religious organization claims the body forburial at its expense.

4. If the deceased person was an honorably dischargedmember of the Armed Forces of the United States or the State, the body must notbe delivered to the Committee, but must be buried in accordance with theprovisions of the existing laws. If a veterans organization claims the body ofa deceased veteran pursuant to subsection 3, the veterans organization mustprovide a military funeral.

(Added to NRS by 1963, 532; A 2003, 385)

NRS 451.430 Deliveryof body by Committee to friend or other claimant; payment of expenses; militaryfuneral required by veterans organization that claims body. Any dead human body which has been delivered to theCommittee may be claimed by any friend of the deceased, any representative of afraternal society of which the deceased was a member, a veterans organizationrecognized by the Executive Director for Veterans Services, or anyrepresentative of any charitable or religious organization. Upon receipt ofsuch a claim, the body must be surrendered to the claimant by the Committeeafter the payment to the Committee of the expenses incurred in obtaining andhandling the body. If a veterans organization claims the body of a deceasedveteran pursuant to this section, the veterans organization must provide amilitary funeral.

(Added to NRS by 1963, 532; A 2003, 386)

NRS 451.440 Contractfor delivery of body to Committee prohibited; Committee authorized to acceptbody left by will.

1. The Committee is prohibited from entering into anycontract, oral or written, whereby any sum of money shall be paid to any livingperson in exchange for which the body of such person shall be delivered to theCommittee when such living person dies.

2. If any person executes a will leaving his body tothe Committee for the advancement of medical science and such person dieswithin the geographical limits of the State, the Committee is hereby empoweredto accept and receive such body.

(Added to NRS by 1963, 532)

NRS 451.450 Distributionof bodies among schools, teaching hospitals and other persons or entities;fees; penalty.

1. The Committee or its duly authorized agent shalltake and receive the bodies delivered to it pursuant to the provisions of NRS 451.350 to 451.470, inclusive, and shall distributesuch bodies proportionately and equitably, among schools, teaching hospitals inwhich there is a resident training program that requires cadaveric material forstudy, and such other person or entity as the Committee may determine to beeligible to receive such bodies.

2. The Committee shall charge and collect:

(a) From a university, state college, community collegeor medical school within the Nevada System of Higher Education and any othermedical school in this State to which the Committee distributes a dead humanbody in accordance with subsection 1, a fee in an amount not to exceed theexpenses of the Committee to obtain, handle and distribute the body deliveredto it pursuant to the provisions of NRS451.350 to 451.470, inclusive; and

(b) From any other person or entity to which theCommittee distributes a dead human body in accordance with subsection 1:

(1) A fee in an amount not to exceed theexpenses of the Committee to obtain, handle and distribute the body deliveredto it pursuant to the provisions of NRS451.350 to 451.470, inclusive; and

(2) An additional fee of $200 for each bodydistributed to the person or entity which must be used by the Committee tocarry out the provisions of NRS 451.350to 451.470, inclusive.

3. A person or entity may not receive a dead body forthe promotion of medical science unless the Committee has determined that theperson or entity is eligible to receive the dead body. A person or entity whoreceives a dead body in violation of this subsection is guilty of a grossmisdemeanor.

(Added to NRS by 1963, 533; A 1969, 161; 2005, 603)

NRS 451.460 Recipientof body received from Committee required to give bond; approval, amount andconditions of bond. The Committee shall not distributea 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 theAttorney 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 thepromotion of medical science within this State.

(Added to NRS by 1963, 533; A 2005, 603)

NRS 451.470 Disposalof remains after use. At any time any body, orpart of any body accepted by the Committee, has been used and deemed of nofurther value to medical or dental science, the person having charge of suchbody or parts of such body shall dispose of the remains by cremation or asotherwise specified under prior mutually agreed special conditions ofacceptance.

(Added to NRS by 1963, 533; A 1969, 161; 2005, 604)

ANATOMICAL GIFTS (UNIFORM ACT)

NRS 451.500 Shorttitle. NRS451.500 to 451.590, inclusive, maybe cited as the Uniform Anatomical Gift Act.

(Added to NRS by 1969, 158; A 1977, 449; 1979, 351;1989, 433)

NRS 451.503 Applicabilityof Act. NRS451.500 to 451.590, inclusive, applyto a document of gift, revocation or refusal to make an anatomical gift signedby the donor or a person authorized to make or object to making an anatomicalgift before, on or after October 1, 1989.

(Added to NRS by 1989, 432)

NRS 451.505 Uniformityof application and construction. NRS 451.500 to 451.590, inclusive, must be applied andconstrued to effectuate their general purpose to make uniform the law withrespect to the subject of the Uniform Anatomical Gift Act among states enactingit.

(Added to NRS by 1969, 158; A 1989, 433)

NRS 451.510 Definitions. Unless the context otherwise requires, as used in NRS 451.500 to 451.590, inclusive, the words and termsdefined in NRS 451.513 to 451.553, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1969, 158; A 1987, 316; 1989, 433;1991, 482)

NRS 451.513 Anatomicalgift defined. Anatomical gift means a donationof all or part of a human body to take effect upon or after death.

(Added to NRS by 1989, 431)

NRS 451.520 Decedentdefined. Decedent means a deceased personand includes a stillborn infant or fetus.

(Added to NRS by 1969, 158; A 1989, 433)

NRS 451.523 Documentof gift defined. Document of gift means acard, statement, will or other writing used to make an anatomical gift.

(Added to NRS by 1989, 431; A 1991, 482, 2172; 2003, 828)

NRS 451.525 Donordefined. Donor means a person who makes ananatomical gift of all or part of his body.

(Added to NRS by 1969, 158; A 1989, 433)

NRS 451.527 Enucleatordefined. Enucleator means a person who isauthorized by NRS 451.583 to enucleatean eye of a dead person.

(Added to NRS by 1989, 431)

NRS 451.530 Hospitaldefined. Hospital means a facility licensed,accredited or approved as a hospital under the laws of the State of Nevada or afacility operated as a hospital by the United States Government, the State or asubdivision of the State.

(Added to NRS by 1969, 158; A 1989, 433)

NRS 451.532 Identificationcard defined. Identification card means anidentification card issued by the Department of Motor Vehicles pursuant to chapter 483 of NRS.

(Added to NRS by 1991, 482; A 2001, 2624)

NRS 451.535 Partdefined. Part means an organ, tissue, eye,bone, artery, blood, fluid or other portion of a human body.

(Added to NRS by 1969, 158; A 1989, 433)

NRS 451.540 Persondefined. Person includes a government, a governmentalagency and a political subdivision of a government.

(Added to NRS by 1969, 158; A 1985, 517)

NRS 451.545 Physiciandefined. Physician means a person licensedor otherwise authorized to practice medicine and surgery or osteopathy andsurgery under the laws of any state.

(Added to NRS by 1969, 158; A 1977, 962; 1985, 499;1989, 433)

NRS 451.547 Procurementorganization defined. Procurement organizationmeans a person licensed, accredited or approved under the laws of the State ofNevada for procurement, distribution or storage of human bodies or parts.

(Added to NRS by 1989, 431)

NRS 451.550 Statedefined. State means a state, territory orpossession of the United States, the District of Columbia or the Commonwealthof Puerto Rico.

(Added to NRS by 1969, 158; A 1989, 433)

NRS 451.553 Techniciandefined. Technician means a person who,under the supervision of a licensed physician, removes or processes a part.

(Added to NRS by 1989, 431)

NRS 451.555 Making,amending, revoking and refusing to make gifts: By person.

1. Any person may:

(a) Make an anatomical gift for any of the purposesstated in subsection 1 of NRS 451.560;

(b) Limit an anatomical gift to one or more of thosepurposes; or

(c) Refuse to make an anatomical gift.

2. Except as otherwise provided in this subsection andsubsection 3, an anatomical gift may be made only by a document of gift signedby the donor. If the donor:

(a) Cannot sign, the document of gift must be signed byanother person and by two witnesses, all of whom have signed at the directionand in the presence of the donor and of each other and state that it has beenso signed.

(b) Is less than 18 years of age, the document of giftmust also be signed by two witnesses, one of whom is a parent or guardian ofthe donor and consents to the donation, at the direction and in the presence ofthe donor and of each other and state that it has been so signed.

3. Except as otherwise provided in subsection 4, ifthe donor is less than 12 years of age, the document of gift must be signed bya parent or guardian of the donor, on behalf of the donor, and two witnesses atthe direction and in the presence of the parent or guardian and of each otherand state that it has been so signed. The document is not required to be signedby the donor.

4. A symbol or other indication that a document of gifthas been executed by or on behalf of a donor may be imprinted on the donorsdrivers license or identification card if the document of gift complies withsubsection 2. Revocation, suspension, expiration or cancellation of the licenseor card does not invalidate the anatomical gift.

5. A document of gift may authorize a particularphysician to carry out the appropriate procedures. In the absence of suchauthorization or if the designated physician is not available, the donee orother person authorized to accept the anatomical gift may employ or authorizeany physician, technician or enucleator to carry out the appropriateprocedures.

6. An anatomical gift by will takes effect upon thedeath of the testator, whether or not the will is probated. If, after death,the will is declared invalid for testamentary purposes, the validity of theanatomical gift is unaffected.

7. Except as otherwise provided in subsections 8 and9, a donor may amend or revoke an anatomical gift, not made by will, only by:

(a) A signed statement;

(b) An oral statement made in the presence of twopersons;

(c) Any form of communication during a terminal illnessor injury addressed to a physician; or

(d) The delivery of a signed statement to a specifieddonee to whom a document of gift had been delivered.

8. Except as otherwise provided in subsection 9, adonor who is less than 18 years of age may, with the consent of his parent orguardian, amend or revoke an anatomical gift, not made by will, by:

(a) A signed statement;

(b) An oral statement made in the presence of twopersons;

(c) Any form of communication during a terminal illnessor injury addressed to a physician; or

(d) The delivery of a signed statement to a specifieddonee to whom a document of gift had been delivered.

9. A donor who is less than 12 years of age may notamend or revoke an anatomical gift. The parent or guardian who made the gift onbehalf of the donor may amend or revoke an anatomical gift, not made by will,only by:

(a) A signed statement;

(b) An oral statement made in the presence of twopersons;

(c) Any form of communication during a terminal illnessor injury addressed to a physician; or

(d) The delivery of a signed statement to a specifieddonee to whom a document of gift had been delivered.

10. The donor of an anatomical gift made by will mayamend or revoke the gift in the manner provided for amendment or revocation ofwills in chapter 133 of NRS or as provided insubsection 7, 8 or 9.

11. An anatomical gift that is not revoked by thedonor before death is irrevocable. The intent of a donor to make an anatomicalgift, as evidenced by a document of gift, may not be revoked by any member ofthe classes of persons set forth in subsection 1 of NRS 451.557.

12. An anatomical gift that is not revoked by thedonor before death does not require the consent or concurrence of any personafter the donors death. A hospital, physician, coroner, local health officer,enucleator, technician or other person who:

(a) Is aware that a symbol or other indication that adocument of gift has been executed by or on behalf of a donor is imprinted onthe donors drivers license or identification card; or

(b) Acts in accordance with the provisions of NRS 451.500 to 451.590, inclusive, or with any other lawsof the State of Nevada relating to anatomical gifts,

shall notrequest or require the consent or concurrence of any person after the donorsdeath to carry out the anatomical gift.

13. A person may refuse to make an anatomical gift ofhis body or part by:

(a) A writing signed in the same manner as a documentof gift;

(b) A statement imprinted on his drivers license oridentification card; or

(c) Any other writing used to identify him as refusingto make an anatomical gift.

During aterminal illness or injury, the refusal may be an oral statement or other formof communication.

14. In the absence of contrary indications by thedonor, an anatomical gift of a part is neither a refusal to give other partsnor a limitation on an anatomical gift under NRS451.557.

15. In the absence of contrary indications by thedonor, a revocation or amendment of an anatomical gift is not a refusal to makeanother anatomical gift. If the donor intends a revocation to be a refusal to makean anatomical gift, he shall make the refusal pursuant to subsection 13.

(Added to NRS by 1969, 158; A 1989, 434; 1991, 162,483, 497, 2172; 1993, 600; 1999, 3512; 2003, 828)

NRS 451.557 Making,revoking and objecting to gifts: By others.

1. Any member of the following classes of persons, inthe order of the priority listed, may make an anatomical gift of all or a partof the decedents body for an authorized purpose, unless the decedent, at thetime of death, has made an unrevoked refusal to make that anatomical gift:

(a) A person designated as the person with authority tomake an anatomical gift of all or part of the body of the decedent in a legallyvalid document or in an affidavit executed in accordance with subsection 6;

(b) The spouse of the decedent;

(c) An adult son or daughter of the decedent;

(d) Either parent of the decedent;

(e) An adult brother or sister of the decedent;

(f) A grandparent of the decedent;

(g) A guardian of the person of the decedent at thetime of death; and

(h) A person who held the primary domicile of thedecedent in joint tenancy with the decedent at the time of death.

The legalprocedure for authorization must be defined and established by the Committee onAnatomical Dissection established by the Nevada System of Higher Education.

2. An anatomical gift may not be made by a personlisted in subsection 1 if:

(a) A person in a prior class is available at the timeof death to make an anatomical gift;

(b) The person proposing to make an anatomical giftknows of a refusal or contrary indications by the decedent; or

(c) The person proposing to make an anatomical giftknows of an objection to making an anatomical gift by a member of the personsclass or a prior class.

3. An anatomical gift by a person authorized undersubsection 1 must be made by:

(a) A document of gift signed by him; or

(b) His telegraphic, recorded telephonic or otherrecorded message, or other form of communication from him that iscontemporaneously reduced to writing and signed by the recipient.

4. An anatomical gift by a person authorized undersubsection 1 may be revoked by any member of the same or a prior class if,before procedures have begun for the removal of a part from the body of thedecedent, the physician, technician or enucleator removing the part knows ofthe revocation.

5. A failure to make an anatomical gift undersubsection 1 is not an objection to the making of an anatomical gift.

6. A person 18 years of age or older wishing toauthorize another person to make an anatomical gift of all or part of his bodyin the event of his death may execute an affidavit before a notary public insubstantially the following form:

 

State of Nevada }

}ss

County of...........................}

(Date)...................................

I, ..................................., (personauthorizing another person to make an anatomical gift of his body in the eventof his death) do hereby designate ................................... (personwho is being authorized to make an anatomical gift of the body of anotherperson in the event of his death) to make an anatomical gift of all or part ofmy body in the event of my death for authorized purposes and in accordance withthe procedure for authorization defined and established by the Committee onAnatomical Dissection established by the Nevada System of Higher Education.

Subscribed and sworn to before me this ........

day of the month of ......... of the year .......

.............................................................................

(Notary Public)

 

(Added to NRS by 1989, 431; A 1993, 406; 2003, 1881)

NRS 451.560 Qualificationsof donees; purposes for which gifts may be made; presumption of validity.

1. The following persons may become donees ofanatomical gifts for the purposes stated:

(a) A hospital, physician, dentist or procurementorganization, for transplantation, therapy, medical or dental education,research or advancement of medical or dental science;

(b) An accredited medical or dental school, college oruniversity, for education, research or advancement of medical or dentalscience; or

(c) A designated person, for transplantation or therapyneeded by that person.

2. An anatomical gift may be made to a designateddonee or without designating a donee. If a donee is not designated or if thedonee is not available or rejects the anatomical gift, the anatomical gift maybe accepted by any hospital or procurement organization.

3. In the absence of evidence that an anatomical gifthas been revoked by the donor, a document of gift must be presumed to be valid.If the donee knows of the decedents refusal or contrary indications to make ananatomical gift or that an anatomical gift by a member of a class havingpriority to act is opposed by a member of the same class or a prior class undersubsection 1 of NRS 451.557, the doneeshall not accept the anatomical gift.

(Added to NRS by 1969, 159; A 1977, 963; 1989, 435; 1999, 3514)

NRS 451.570 Deliveryof document of gift.

1. Delivery of a document of gift during the donorslifetime is not required for the validity of an anatomical gift.

2. If an anatomical gift is made to a designateddonee, the document of gift, or a copy, may be delivered to the donee toexpedite the appropriate procedures after death. The document of gift, or acopy, may be deposited in any hospital, procurement organization or registryoffice that accepts it for safekeeping or for facilitation of procedures afterdeath. On request of a person listed in subsection 1 of NRS 451.557, upon or after the donorsdeath, the person in possession shall allow the person making the request toexamine or copy the document of gift.

(Added to NRS by 1969, 160; A 1989, 436)

NRS 451.573 Immunityof Department of Motor Vehicles and representatives from damages or criminalprosecution. The Department of Motor Vehiclesand its representatives are not liable for damages in a civil action or subjectto prosecution in any criminal proceeding on account of any entry on a driverslicense or identification card issued by the Department.

(Added to NRS by 1977, 449; A 1985, 1996; 1991, 484,2174; 2001, 2624)

NRS 451.576 Coordinationof procurement and use; priority for use.

1. Each hospital in this State, after consultationwith other hospitals and procurement organizations, shall establish agreementsor affiliations for coordination of procurement and use of human bodies andparts.

2. Except as otherwise required by the specific termsof an anatomical gift, an anatomical gift from a resident of this State must beoffered to any residents of this State in need of transplantation or therapyand listed on a transplant list generally recognized in the medical fieldbefore the anatomical gift may be used by another person.

(Added to NRS by 1989, 432; A 1999, 3514)

NRS 451.577 Identificationof potential donors: Policies and procedures; search for and notification ofinformation; administrative sanctions.

1. Every hospital shall establish policies andprocedures to identify potential donors. The policies and procedures mustrequire the administrator of the hospital or his representative:

(a) To determine whether a person is a donor.

(b) If the person is not a donor, to determine if theperson is a potential donor, including the consideration of:

(1) His religious and cultural beliefs; and

(2) The suitability of his organs and tissuesfor donation.

(c) At or near the time of death of a person identifiedas a potential donor, to request the person designated in subsection 1 of NRS 451.557, in the stated order ofpriority if persons in a prior class are not available, to consent to the giftof all or any part of the decedents body as an anatomical gift.

(d) If he has actual knowledge of a contrary intent ofthe decedent or opposition by a person in the same class as or a prior classthan a person who has consented to an anatomical gift, not to procure ananatomical gift.

(e) If an anatomical gift is made, to notify anorganization which procures organs and tissues and cooperate in the procurementof the anatomical gift.

2. The following persons shall make a reasonablesearch for a document of gift or other information identifying the bearer as adonor or as a person who has refused to make an anatomical gift:

(a) A law enforcement officer, firefighter, emergencymedical technician or other emergency rescuer finding a person who the searcherbelieves is dead or near death; and

(b) A hospital, upon the admission of a person at ornear the time of death,

if there isnot immediately available any other source of that information.

3. If a document of gift or evidence of refusal tomake an anatomical gift is located by the search required by paragraph (a) ofsubsection 2, and the person or body to whom it relates is taken to a hospital,the hospital must be notified of the contents and the document or otherevidence must be sent to the hospital.

4. If, at or near the time of death of a patient, ahospital knows that an anatomical gift has been made pursuant to subsection 1of NRS 451.557 or that a patient or aperson identified as in transit to the hospital is a donor, the hospital shallnotify the donee if one is named and known to the hospital, or if not, it shallnotify an appropriate procurement organization. The hospital shall cooperate inthe implementation of the anatomical gift or release and removal of a part.

5. A person who fails to discharge the duties imposedby this section is not subject to criminal or civil liability but is subject toappropriate administrative sanctions.

(Added to NRS by 1987, 315; A 1989, 436; 2005, 335)

NRS 451.580 Rightsand duties at death.

1. Rights of a donee created by an anatomical gift aresuperior to rights of others except with respect to autopsies under NRS 451.585. A donee may accept or rejectan anatomical gift. If a donee accepts an anatomical gift of an entire body,the donee, subject to the terms of the gift, may allow embalming and use of thebody in funeral services. If the gift is of a part of a body, the donee, uponthe death of the donor and before embalming, shall cause the part to be removedwithout unnecessary mutilation. After removal of the part, custody of the remainderof the body vests in the person under obligation to dispose of the body.

2. The time of death must be determined by a physicianwho attends the donor at death, or, if none, the physician who certifies thedeath. Neither the physician who attends the donor at death nor the physicianwho determines the time of death may participate in the procedures for removingor transplanting a part unless the document of gift designates a particularphysician pursuant to subsection 5 of NRS451.555.

3. If there has been an anatomical gift, a technicianmay remove any donated parts and an enucleator may remove any donated eyes orparts of eyes, after determination of death by a physician.

(Added to NRS by 1969, 160; A 1987, 316; 1989, 437;1991, 164)

NRS 451.582 Examinationof gifts; limitations on liability.

1. An anatomical gift authorizes any reasonableexamination necessary to assure medical acceptability of the gift for thepurposes intended.

2. A hospital, physician, coroner, local healthofficer, enucleator, technician or other person, who acts in accordance withthe terms of NRS 451.500 to 451.590, inclusive, or with any other lawsof the State of Nevada relating to anatomical gifts, or attempts in good faithto do so, is not liable for that act in a civil action or criminal proceeding.

3. A person who makes an anatomical gift pursuant to NRS 451.555 or 451.557 and his estate are not liable forany injury or damage that may result from the making or the use of theanatomical gift.

(Added to NRS by 1989, 432)

NRS 451.583 Enucleationof eyes. A licensed funeral director, alicensed embalmer, a medical technician or a licensed nurse may enucleate aneye of a dead person in order to carry out a gift made pursuant to the UniformAnatomical Gift Act if the director, embalmer, technician or nurse hassuccessfully completed a course, approved by the Board of Medical Examiners, inthe procedure for enucleation of eyes.

(Added to NRS by 1979, 350; A 1987, 718, 1037)

NRS 451.585 Applicabilityof provisions governing autopsies. The provisionsof NRS 451.500 to 451.590, inclusive, are subject to the lawsof this state governing autopsies.

(Added to NRS by 1969, 161; A 1987, 316; 1989, 437)

NRS 451.590 Saleor purchase of parts prohibited; penalties.

1. A person shall not knowingly, for valuableconsideration, purchase or sell a part for transplantation or therapy.

2. Valuable consideration does not include reasonablepayment for the removal, processing, disposal, preservation, quality control,storage, transportation or implantation of a part.

3. A person who violates this section is guilty of acategory D 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)

CREMATION

NRS 451.600 Definitions. As used in NRS 451.600to 451.715, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 451.605 to 451.630, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1993, 2601)

NRS 451.605 Agentdefined. Agent means, with respect to aparticular deceased person, a person authorized to order the cremation of hishuman remains.

(Added to NRS by 1993, 2601)

NRS 451.610 Communicabledisease defined. Communicable disease hasthe meaning ascribed to it in NRS 441A.040.

(Added to NRS by 1993, 2601)

NRS 451.615 Containerdefined. Container means a vessel, whetheror not a casket, in which human remains are placed for cremation.

(Added to NRS by 1993, 2601)

NRS 451.620 Humanremains defined. Human remains means thebody of a deceased person, or part of the body which has been removed from aliving person, in any stage of decomposition.

(Added to NRS by 1993, 2601)

NRS 451.625 Operatordefined. Operator of a crematory means theperson licensed to conduct its business.

(Added to NRS by 1993, 2601)

NRS 451.630 Urndefined. Urn means a vessel in whichcremated remains can be placed and which can be closed to prevent leaking orspilling of the remains or the entrance of foreign material.

(Added to NRS by 1993, 2601)

NRS 451.635 Requirementsfor licensing.

1. No person may cremate human remains except in acrematory whose operator is licensed by the Nevada State Funeral Board.

2. The Board shall prescribe and furnish forms forapplication for licensing. An application must be in writing and contain:

(a) The name and address of the applicant and thelocation or proposed location of the crematory;

(b) A description of the structure and equipment to beused in operating the crematory; and

(c) Any further information that the Board mayreasonably require.

3. An application must be signed by the applicantpersonally, by one of the partners if the applicant is a partnership, or by anauthorized officer if the applicant is a corporation or other form of businessorganization.

4. The Board shall examine the structure and equipmentand shall issue the license if:

(a) It appears that the proposed operation will meetthe requirements of NRS 451.600 to 451.715, inclusive; and

(b) The applicant has paid all fees related to theapplication.

5. If the ownership of a crematory is to be changed,the proposed operator shall apply for licensing at least 30 days before thechange.

(Added to NRS by 1993, 2601; A 2003, 1279)

NRS 451.640 Adoptionof regulations; injunctive relief.

1. The Nevada State Funeral Board shall adoptregulations for the administration of NRS451.600 to 451.715, inclusive. Unlessgoverned by the regulations of the State Board of Health, the regulations ofthe Nevada State Funeral Board must include, without limitation:

(a) The conditions under which the remains of a personwho has died from a communicable or otherwise dangerous disease may betransported to a crematory for cremation; and

(b) The minimum standards for sanitation, requiredequipment and protection from fire.

2. The Nevada State Funeral Board may bring legalproceedings to enjoin any person who violates any provision of NRS 451.600 to 451.715, inclusive, any regulation adoptedpursuant thereto or any order of the Board from operating a crematory. Anyperson who is so enjoined is liable to the Board for attorneys fees and courtcosts.

(Added to NRS by 1993, 2602; A 2003, 1279)

NRS 451.645 Authorityof cemetery or funeral home; authority of operator to contract with or employlicensed funeral director.

1. A cemetery or funeral home may erect and conduct acrematory if licensed as the operator.

2. A crematory may be erected on or adjacent to the premisesof a cemetery or funeral establishment if the location is zoned for commercialor industrial use, or at any other location where the local zoning permits. Acrematory must conform to all local building codes and environmental standards.

3. The operator of a crematory may contract with oremploy 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 ofnecessary papers.

Thissubsection does not require the performance of any act by a licensed funeraldirector unless other law requires that such an act be performed only by him.

(Added to NRS by 1993, 2602)

NRS 451.650 Authorityto order cremation of human remains; execution of affidavit.

1. The following persons, in the following order ofpriority, may order the cremation of human remains of a deceased person:

(a) A person designated as the person with authority toorder the cremation of the human remains of the decedent in a legally validdocument or in an affidavit executed in accordance with subsection 5;

(b) The spouse of the decedent;

(c) An adult son or daughter of the decedent;

(d) Either parent of the decedent;

(e) An adult brother or sister of the decedent;

(f) A grandparent of the decedent;

(g) A guardian of the person of the decedent at thetime of death; and

(h) A person who held the primary domicile of thedecedent in joint tenancy with the decedent at the time of death.

2. If the deceased person was an indigent or otherperson for the final disposition of whose remains a county or the State isresponsible, the appropriate public officer may order cremation of the remainsand provide for the respectful disposition of the cremated remains.

3. If the deceased person donated his body forscientific research or, before his death, a medical facility was maderesponsible for his final disposition, a representative of the scientificinstitution or medical facility may order cremation of his remains.

4. A living person may order the cremation of humanremains removed from his body or the cremation of his body after his death. Inthe latter case, any person acting pursuant to his instructions is anauthorized agent.

5. A person 18 years of age or older wishing to giveauthority to another person to order the cremation of his human remains uponhis death may execute an affidavit before a notary public in substantially thefollowing form:

 

State of Nevada }

}ss

County of...........................}

(Date).......................................

I, ......................................, (personauthorizing another person to order the cremation of his human remains upon hisdeath) do hereby designate .................................. (person who is beingauthorized to order the cremation of the human remains of another person in theevent of his 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)

NRS 451.655 Orderof person for cremation and disposition of his own remains.

1. A prepaid contract for services to be rendered uponthe death of a beneficiary which includes cremation must specify thedisposition of the cremated remains, and that portion of the contract must beinitialed by the person paying for the services. If no additional or differentinstructions are given by the agent at the time of the beneficiarys death, theoperator of a crematory may dispose of the remains as specified. Upon thatdisposition, the operator has no further liability with respect to the remains.

2. A person may order his own cremation and thedisposition of his own cremated remains. The order must be signed by him and bytwo witnesses. The order may designate the crematory. A copy of the order mustbe retained by the signer and a copy sent to the crematory if designated. Thesigner may revoke the order or change the designation of the crematory, andmust provide written notice of the action to the operator of the crematory ifdesignated.

3. When a person who has ordered his own cremationdies, a person in possession of the order and a person charged with arrangingfor disposition of the decedents body who is aware of the order shall usetheir best efforts to ensure that the decedent is cremated, and the crematedremains are disposed of, according to the order.

4. If a completed order for cremation, executed beforedeath, and the human remains to which it pertains are in the possession of theoperator of a crematory, and he has received payment for the cremation and thedisposition of the cremated remains, he shall perform those acts as ordered andincurs no liability by their performance.

(Added to NRS by 1993, 2602)

NRS 451.660 Requirementsfor death certificate and written authorization; delegation of authority ofauthorized agent.

1. The operator of a crematory shall not cremate humanremains until a death certificate has been signed and, except as otherwiseprovided in NRS 451.655, without firstreceiving a written authorization, on a form provided by the operator, signedby the agent or by the living person from whom the remains have been removed:

(a) Identifying the deceased person or the remainsremoved;

(b) Stating whether or not death occurred from acommunicable or otherwise dangerous disease;

(c) Stating the name and address of the agent and hisrelation to the deceased person;

(d) Representing that the agent is aware of noobjection to cremation of the remains by any person who has a right to controlthe disposition of the deceased persons remains; and

(e) Stating the name of the person authorized to claimthe cremated remains or the name of the cemetery or person to whom the remainsare to be sent.

2. An authorized agent may delegate his authority toanother person by a written and signed statement containing his name, addressand relationship to the deceased person and the name and address of the personto whom his authority is delegated. The operator of a crematory incurs noliability by relying upon a signed order for cremation received by mail or upona delegation of authority.

(Added to NRS by 1993, 2603)

NRS 451.665 Maintenanceof 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 arereceived;

(c) The date and time of receipt, and a description ofthe 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 acceptunidentified human remains. If the remains are received in a container, theoperator shall place appropriate identification upon the exterior of thecontainer.

3. If a permit for transportation of human remains tothe crematory is required by the local health authority, the operator shallfile the permit in his records.

(Added to NRS by 1993, 2603)

NRS 451.670 Prohibitionagainst requiring placement of remains in casket; construction and incinerationof container.

1. No operator of a crematory may require that humanremains be placed in a casket, or refuse to accept human remains for cremationbecause 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 theoperator.

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 Holdingof remains awaiting cremation.

1. If the operator of a crematory cannot cremate humanremains immediately after receiving them, he shall place them in a holdingfacility within or adjacent to the crematory which:

(a) Preserves the dignity of the remains;

(b) Protects for the health and safety of employees ofthe operator; and

(c) Is secure from access by anyone other than thoseemployees, except a workman in the ordinary course of his work.

2. If human remains are not embalmed, they may not beheld longer than 24 hours unless the holding facility is refrigerated.

3. An operator need not accept for holding a containerfrom which there is any evidence of leakage of bodily fluids.

(Added to NRS by 1993, 2604)

NRS 451.680 Procedureand space for cremation.

1. The agent, or the person charged with arranging fordisposition of the body of a person who has ordered his own cremation, shallensure that any artificial device whose incineration would be dangerous isremoved from human remains before their cremation. If he is unable to arrangefor its removal before the remains are delivered to a crematory, he shallinform the operator of the crematory.

2. The space within a crematory where cremation takesplace must be enclosed and must not be used for any other purpose than thecremation of human remains. Immediately before a container is placed in thischamber, the identification of the human remains within it must be verified bythe operator and any identifying document or label for the urn must be removedfrom the container and kept near the control panel until cremation is complete.

3. Upon the completion of cremation, the operatorshall:

(a) Remove the recoverable residue from the chamber;

(b) Place the bone fragments in an urn with proper identificationand insofar as practicable place no other material with them unless authorizedby the agent; and

(c) Dispose of the remaining residue.

4. If the cremated remains will not fit in the urnselected by the agent, the operator of the crematory shall hold the remainsuntil the agent selects an urn or urns in which the remains will fit.

(Added to NRS by 1993, 2604)

NRS 451.685 Allowanceof persons near remains awaiting cremation; simultaneous cremation of remainsof more than one person.

1. The operator of a crematory shall not permit aperson to be present near human remains awaiting cremation, being cremated, orbeing removed from the chamber unless his presence is within the normal scopeof his work or his presence is authorized by the family of the deceased.

2. The operator of a crematory shall notsimultaneously cremate the remains of more than one person in the same chamberunless so authorized in writing by the agent for each person whose remains areto be so cremated. Such a written authorization releases the operator fromliability for commingling of the cremated remains.

(Added to NRS by 1993, 2605)

NRS 451.690 Deliveryand 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 thecrematory shall sign a receipt showing the name of the person whose remains arereceived and the date, time and place of receipt. The operator shall retain thereceipt. Thereafter, the remains may be transported in any manner, with apermit if required by the local health authority.

2. If a temporary urn is used to deliver the crematedremains to the person authorized to claim them, that urn must be placed in asuitable outer box to increase its security and integrity. The temporary urnmust be marked with the name of the person whose remains it contains and thename of the operator of the crematory.

3. If cremated remains are to be shipped, the urn mustbe packed in a sealed package. A method of shipment must be used which has aninternal tracing system and provides a receipt signed by the person acceptingdelivery.

(Added to NRS by 1993, 2605)

NRS 451.695 Dispositionof cremated remains: Responsibility; operator of crematory.

1. Except as otherwise provided in subsection 2:

(a) The agent who orders cremation is responsible forthe disposition of cremated remains. If within 30 days after cremation theperson named in the authorization has not claimed the cremated remains and noother disposition is specified in the authorization, the operator of acrematory may place the vessel containing the cremated remains in a commoncompartment with other unclaimed cremated remains. The operator may charge afee for storage when the cremated remains are claimed.

(b) If within 2 years after cremation the agent has notclaimed the cremated remains or specified their ultimate disposition, theoperator may dispose of the cremated remains in any manner not prohibited by NRS 451.700. The agent is liable to theoperator for all reasonable expenses of disposition.

2. If cremation was ordered pursuant to subsection 2of NRS 451.650:

(a) The operator may dispose of the cremated remains inany manner not prohibited by NRS 451.700,if the cremated remains are not claimed by the agent within 1 year aftercremation.

(b) The operator has a claim against the estate of thedecedent for the reasonable expenses of the disposition if those expenses arenot paid by the State or a political subdivision of the State.

(c) The operator shall not charge a public officer afee for storage of the cremated remains.

3. An operator who complies with subsection 1 or 2, orboth, has no further legal liability concerning the cremated remains sotreated.

(Added to NRS by 1993, 2605; A 1997, 2580)

NRS 451.700 Dispositionof cremated remains: Restrictions on manner and location.

1. Except as otherwise provided in subsection 2 orauthorized by the agent who ordered the cremation, no person may:

(a) Scatter cremated remains in such a manner orlocation that the remains are commingled with those of another person; or

(b) Place the cremated remains of more than one personin the same urn unless the persons are friends or members of the same familyand the urn is designed for the remains of more than one person.

2. Cremated remains may be scattered at sea or over apublic waterway, or by air, from individual closed vessels, or scattered in anarea of a dedicated cemetery from which there is no means of location orrecovery and which is used exclusively for this purpose.

3. Cremated remains may be disposed of in any mannerupon private property if the agent who ordered the cremation so directs and theowner of the property consents in writing.

4. Cremated remains for disposition pursuant tosubsection 2 or 3 must be, and any other cremated remains may be, reduced toparticles no larger than 1/8 of an inch.

(Added to NRS by 1993, 2605)

NRS 451.705 Effectof execution of order for cremation; liability for article of value deliveredwith remains.

1. The signer of an order for the cremation of humanremains warrants the truth of the facts set forth in the order, including theidentity of the person whose remains are to be cremated, and his own authorityto order cremation. The signer is personally liable for any damage resultingfrom the falsity of a warranted fact or from his lack of authority.

2. The operator of a crematory may cremate humanremains upon receipt of an order signed by the agent. The operator has noliability for cremating the remains or releasing the cremated remains pursuantto the order.

3. The operator of a crematory is not liable for anyarticle of value delivered with human remains.

(Added to NRS by 1993, 2606)

NRS 451.710 Refusalto accept or cremate remains or to release cremated remains pending resolutionof dispute.

1. The operator of a crematory incurs no liability byrefusing to accept or to cremate human remains until he receives a court orderor other suitable confirmation that a dispute has been settled:

(a) If he is aware of a dispute concerning cremation ofthe remains;

(b) If he has a reasonable basis for questioning any ofthe representations made by the agent; or

(c) For any other lawful reason.

2. If the operator of a crematory is aware of adispute concerning the release or disposition of cremated human remains, he mayrefuse to release the remains until the dispute has been resolved or hereceives 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 Unlawfulacts; abatement of unlawful crematory as public nuisance.

1. It is unlawful for any person to:

(a) Hold himself out to the public as the operator of acrematory without being licensed pursuant to NRS451.635;

(b) Sign an order for cremation knowing that the ordercontains incorrect information; or

(c) Violate any other provision of NRS 451.600 to 451.715, inclusive, any regulation adoptedpursuant thereto or any order of the Nevada State Funeral Board.

2. It is unlawful for the operator of a crematory toperform a cremation without an order signed by a person authorized to order thecremation pursuant to NRS 451.650 or 451.655.

3. If a crematory is operated in this state inviolation of any provision of NRS 451.600to 451.715, inclusive, any regulationadopted pursuant thereto or any order of the Nevada State Funeral Board, thecrematory is a public nuisance and may be abated as such.

(Added to NRS by 1993, 2606; A 1995, 715; 2003, 1280)

 

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