AB51_R1

Assembly Bill No. 51–Assemblymen Koivisto, Gibbons, McClain, Parks, Anderson, Atkinson, Buckley, Chowning, Claborn, Collins, Conklin, Goldwater, Horne, Leslie, Manendo, McCleary, Ohrenschall, Sherer and Williams

CHAPTER..........

AN ACT relating to public health; prohibiting a person, under certain circumstances, from requesting or requiring the consent or concurrence of any person to carry out an anatomical gift made by the donor; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 451.523 is hereby amended to read as follows:

451.523 “Document of gift” means a card, [a statement

imprinted on a driver’s license or identification card, a will,]

statement, will or other writing used to make an anatomical gift.

Sec. 2. NRS 451.555 is hereby amended to read as follows:

451.555 1. Any person may:

(a) Make an anatomical gift for any of the purposes stated in

subsection 1 of NRS 451.560;

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

2. Except as otherwise provided in this subsection and

subsection 3, an anatomical gift may be made only by a document of

gift signed by the donor. If the donor:

(a) Cannot sign, the document of gift must be signed by another

person and by two witnesses, all of whom have signed at the

direction and in the presence of the donor and of each other and

state that it has been so signed.

(b) Is less than 18 years of age, the document of gift must also

be signed by two witnesses, one of whom is a parent or guardian of

the donor and consents to the donation, at the direction and in the

presence of the donor and of each other and state that it has been so

signed.

3. [If] Except as otherwise provided in subsection 4, if the

donor is less than 12 years of age, the document of gift must be

signed by a parent or guardian of the donor, on behalf of the donor,

and two witnesses at the direction and in the presence of the parent

or guardian and of each other and state that it has been so signed.

The document is not required to be signed by the donor.

4. [If] A symbol or other indication that a document of gift [is]

has been executed by or on behalf of a donor may be imprinted on

[a] the donor’s driver’s license or identification card[,] if the

document of gift [must comply] complies with subsection 2.

Revocation, suspension, expiration or cancelation of the license or

card does not invalidate the anatomical gift.

5. A document of gift may authorize a particular physician to

carry out the appropriate procedures. In the absence of such

authorization or if the designated physician is not available, the

donee or other person authorized to accept the anatomical gift may

employ or authorize any physician, technician or enucleator to carry

out the appropriate procedures.

6. An anatomical gift by will takes effect upon the death of the

testator, whether or not the will is probated. If, after death, the will

is declared invalid for testamentary purposes, the validity of the

anatomical gift is unaffected.

7. Except as otherwise provided in subsections 8 and 9, 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 two persons;

injury addressed to a physician; or

(d) The delivery of a signed statement to a specified donee to

whom a document of gift had been delivered.

8. Except as otherwise provided in subsection 9, a donor who

is less than 18 years of age may, with the consent of his parent or

guardian, amend or revoke an anatomical gift, not made by will, by:

(a) A signed statement;

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

injury addressed to a physician; or

(d) The delivery of a signed statement to a specified donee to

whom a document of gift had been delivered.

9. A donor who is less than 12 years of age may not amend or

revoke an anatomical gift. The parent or guardian who made the gift

on behalf 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 two persons;

injury addressed to a physician; or

(d) The delivery of a signed statement to a specified donee to

whom a document of gift had been delivered.

10. The donor of an anatomical gift made by will may amend

or revoke the gift in the manner provided for amendment or

revocation of wills in chapter 133 of NRS or as provided in

subsection 7, 8 or 9.

11. An anatomical gift that is not revoked by the donor before

death is irrevocable . [and does not require the consent or

concurrence of any person after the donor’s death.] The intent of a

donor to make an anatomical gift, as evidenced by a document of

gift, may not be revoked by any member of the classes of persons

set forth in subsection 1 of NRS 451.557.

12. An anatomical gift that is not revoked by the donor before

death does not require the consent or concurrence of any person

after the donor’s death. A hospital, physician, coroner, local

health officer, enucleator, technician or other person who:

(a) Is aware that a symbol or other indication that a document

of gift has been executed by or on behalf of a donor is imprinted

on the donor’s driver’s license or identification card; or

(b) Acts in accordance with the provisions of NRS 451.500 to

451.590, inclusive, or with any other laws of the State of Nevada

relating to anatomical gifts,

shall not request or require the consent or concurrence of any

person after the donor’s death to carry out the anatomical gift.

13. A person may refuse to make an anatomical gift of his

body or part by:

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

(b) A statement imprinted on his driver’s license or

identification card; or

an anatomical gift.

During a terminal illness or injury, the refusal may be an oral

statement or other form of communication.

[13.] 14. In the absence of contrary indications by the donor, an

anatomical gift of a part is neither a refusal to give other parts nor a

limitation on an anatomical gift under NRS 451.557.

[14.] 15. In the absence of contrary indications by the donor, a

revocation or amendment of an anatomical gift is not a refusal to

make another anatomical gift. If the donor intends a revocation to be

a refusal to make an anatomical gift, he shall make the refusal

pursuant to subsection [12.] 13.

Sec. 3. NRS 483.340 is hereby amended to read as follows:

483.340 1. The Department shall, upon payment of the

required fee, issue to every qualified applicant a driver’s license

indicating the type or class of vehicles the licensee may drive. The

license must bear a unique number assigned to the licensee pursuant

to NRS 483.345, the licensee’s social security number, if he has one,

unless he requests that it not appear on the license, the full name,

date of birth, mailing address and a brief description of the licensee,

and a space upon which the licensee shall write his usual signature

in ink immediately upon receipt of the license. A license is not valid

until it has been so signed by the licensee.

2. The Department may issue a driver’s license for purposes of

identification only for use by officers of local police and sheriffs’

departments, agents of the Investigation Division of the Department

of Public Safety while engaged in special undercover investigations

relating to narcotics or prostitution or for other undercover

investigations requiring the establishment of a fictitious identity,

federal agents while engaged in undercover investigations,

investigators employed by the Attorney General while engaged in

undercover investigations and agents of the State Gaming Control

Board while engaged in investigations pursuant to NRS 463.140. An

application for such a license must be made through the head of the

police or sheriff’s department, the Chief of the Investigation

Division of the Department of Public Safety, the director of the

appropriate federal agency, the Attorney General or the Chairman of

the State Gaming Control Board. Such a license is exempt from the

fees required by NRS 483.410. The Department, by regulation, shall

provide for the cancellation of any such driver’s license upon the

completion of the special investigation for which it was issued.

3. Information pertaining to the issuance of a driver’s license

pursuant to subsection 2 is confidential.

4. It is unlawful for any person to use a driver’s license issued

pursuant to subsection 2 for any purpose other than the special

investigation for which it was issued.

5. At the time of the issuance or renewal of the driver’s license,

the Department shall:

(a) Give the holder the opportunity to [indicate] have indicated

on his driver’s license that he wishes to be a donor of all or part of

his body pursuant to NRS 451.500 to 451.590, inclusive, or [that he

refuses] to refuse to make an anatomical gift of his body or part of

his body;

(b) Give the holder the opportunity to indicate whether he

wishes to donate $1 or more to the Anatomical Gift Account created

by NRS 460.150; and

information relating to anatomical gifts, including the procedure for

registration as a donor with The Living Bank International or its

successor organization.

6. If the holder wishes to make a donation to the Anatomical

Gift Account, the Department shall collect the donation and deposit

the money collected in the State Treasury for credit to the

Anatomical Gift Account.

7. The Department shall submit to The Living Bank

International, or its successor organization, information from the

records of the Department relating to persons who have drivers’

licenses that indicate the intention of those persons to make an

anatomical gift. The Department shall adopt regulations to carry out

the provisions of this subsection.

Sec. 4. NRS 483.840 is hereby amended to read as follows:

483.840 1. The form of the identification cards must be

similar to that of drivers’ licenses but distinguishable in color or

otherwise.

2. Identification cards do not authorize the operation of any

motor vehicles.

3. Identification cards must include the following information

concerning the holder:

(a) The name and sample signature of the holder.

(b) A unique identification number assigned to the holder that is

not based on the holder’s social security number.

(d) The date of birth of the holder.

(e) The current address of the holder in this state.

(f ) A colored photograph of the holder.

4. The information required to be included on the identification

card pursuant to subsection 3 must be placed on the card in the

manner specified in subsection 1 of NRS 483.347.

5. At the time of the issuance of the identification card, the

Department shall:

(a) Give the holder the opportunity to [indicate] have indicated

on his identification card that he wishes to be a donor of all or part

of his body pursuant to NRS 451.500 to 451.590, inclusive, or [that

he refuses] to refuse to make an anatomical gift of his body or part

of his body;

(b) Give the holder the opportunity to indicate whether he

wishes to donate $1 or more to the Anatomical Gift Account created

by NRS 460.150; and

information relating to anatomical gifts, including the procedure for

registration as a donor with The Living Bank International or its

successor organization.

6. If the holder wishes to make a donation to the Anatomical

Gift Account, the Department shall collect the donation and deposit

the money collected in the State Treasury for credit to the

Anatomical Gift Account.

7. The Department shall submit to The Living Bank

International, or its successor organization, information from the

records of the Department relating to persons who have

identification cards issued by the Department that indicate the

intention of those persons to make an anatomical gift. The

Department shall adopt regulations to carry out the provisions of

this subsection.

8. As used in this section, “photograph” has the meaning

ascribed to it in NRS 483.125.

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