[Rev. 6/29/2024 4:10:16 PM--2023]
DEFINITIONS
NRS 451.005 “Human remains” and “remains” defined.
DETERMINATION OF DEATH
NRS 451.007 Requirements for determination.
NRS 451.008 Consent not required for determination; prohibition on withholding or withdrawal of organ-sustaining treatment in certain circumstances; notice.
MISCELLANEOUS PROVISIONS
NRS 451.010 Dissection of dead human bodies: Limitations; penalty.
NRS 451.015 Commercial use of aborted embryo or fetus prohibited; penalty.
NRS 451.020 Burial or cremation within reasonable time after death; transportation and disposal of residue of cremated body.
NRS 451.023 Responsibility of surviving spouse or parent for burial or cremation of deceased spouse or child.
NRS 451.024 Persons authorized to order burial or cremation; order of priority of such persons; acceptance of legal and financial responsibility does not give rise to claim against estate or other person; transfer of authority to another person; unavailability of authorized person.
NRS 451.025 Reimbursement for burial expenses paid with public money.
NRS 451.027 Duty of county agency responsible for remains of indigent person believed to be veteran to report name of person to Department of Veterans Services; Department to determine eligibility for interment at national or veterans’ cemetery; disposition of remains; immunity from liability for certain acts or omissions.
NRS 451.030 Removal of remains for sale or dissection; purchases; punishment.
NRS 451.040 Seizure of remains for debt; interference with dead body; penalty.
NRS 451.045 Permit for disinterment or removal of human remains within State.
NRS 451.050 Permit for disinterment or removal of human remains out of State.
NRS 451.060 Penalties for noncompliance of common carrier.
NRS 451.065 Unlawful to require remains to be embalmed or otherwise prepared before disposition; exceptions; penalty.
NRS 451.067 Designation of family cemetery; notification of Division of Public and Behavioral Health of designation.
REMOVAL OF HUMAN REMAINS BY CEMETERY AUTHORITY
NRS 451.069 “Cemetery authority” defined.
NRS 451.070 Authority to order disinterment and removal of human remains.
NRS 451.075 Prohibition on certain acts by cemetery authority concerning burial plot owned in fee simple.
NRS 451.080 Regulations governing manner of removal and reinterment; time for removal and reinterment.
NRS 451.110 Notice of determination to remove human remains.
NRS 451.130 Posting of copies of notice in cemetery.
NRS 451.140 Mailing of copy of notice to owner of plot or heir of person interred.
NRS 451.150 Notice to cemetery authority by friend or relative.
NRS 451.160 Notice to cemetery authority by friend or relative: Contents.
NRS 451.170 Notice to cemetery authority by friend or relative: Manner of delivery.
NRS 451.180 Notice by cemetery authority; manner of service on friend or relative.
NRS 451.190 Notice to cemetery authority by friend or relative: Effect.
NRS 451.260 Removal of human remains.
NRS 451.270 Manner and time of reinterment.
NRS 451.280 Disposal of land by cemetery authority; authority to sell and encumber.
NRS 451.290 Sale or encumbrance of land; confirmation by district court of sale by cemetery corporation or association.
NRS 451.300 Petition for confirmation; notice of hearing.
NRS 451.310 Confirmation of sale agreed upon before receipt of notice of determination that further maintenance of cemetery is not in accordance with health, safety, comfort or welfare of public.
NRS 451.320 Declaration of removal by cemetery authority: Filing; acknowledgment; effect of subsequent conveyance.
NRS 451.330 Removal of dedication; notice of hearing and proof.
REMOVAL OF HUMAN REMAINS INTERRED IN RELIGIOUS CEMETERY
NRS 451.340 Disinterment by heir or relative must comply with requirements of religious denomination, society or church; authority of officer, representative or agent of church or religious society.
ANATOMICAL DISSECTION
NRS 451.350 “Committee” defined. [Repealed.]
NRS 451.360 Establishment and composition of Committee; election and terms of Chair and Secretary. [Repealed.]
NRS 451.370 Meetings, records and budget of Committee. [Repealed.]
NRS 451.380 Compensation of members of Committee. [Repealed.]
NRS 451.390 Regulations of Committee. [Repealed.]
NRS 451.400 Notification of Committee or its designee concerning dead human body which is unclaimed or required to be buried at public expense; delivery of body as designated by Committee. [Repealed.]
NRS 451.410 Retention of bodies received by Committee; referral of excess or unfit bodies to board of county commissioners for burial or cremation. [Repealed.]
NRS 451.420 Committee to receive notice of death for unclaimed indigent person; limitations on delivery of bodies to Committee. [Repealed.]
NRS 451.430 Delivery of body by Committee to friend or other claimant; payment of expenses; military funeral required by veterans’ organization that claims body. [Repealed.]
NRS 451.440 Contract for delivery of body to Committee prohibited; Committee authorized to accept body left by will. [Repealed.]
NRS 451.450 Distribution of bodies among schools, teaching hospitals and other persons or entities; fees; penalty. [Repealed.]
NRS 451.460 Recipient of body received from Committee required to give bond; approval, amount and conditions of bond. [Repealed.]
NRS 451.470 Disposal of remains after use. [Repealed.]
ANATOMICAL GIFTS (UNIFORM ACT)
NRS 451.500 Short title.
NRS 451.503 Applicability of Act.
NRS 451.505 Uniformity of application and construction.
NRS 451.510 Definitions.
NRS 451.511 “Adult” defined.
NRS 451.512 “Agent” defined.
NRS 451.513 “Anatomical gift” defined.
NRS 451.520 “Decedent” defined.
NRS 451.522 “Disinterested witness” defined.
NRS 451.523 “Document of gift” defined.
NRS 451.525 “Donor” defined.
NRS 451.526 “Donor registry” defined.
NRS 451.528 “Driver’s license” defined.
NRS 451.5285 “Eye bank” defined.
NRS 451.529 “Guardian” defined.
NRS 451.530 “Hospital” defined.
NRS 451.532 “Identification card” defined.
NRS 451.533 “Know” defined.
NRS 451.5335 “Minor” defined.
NRS 451.534 “Organ procurement organization” defined.
NRS 451.5345 “Parent” defined.
NRS 451.535 “Part” defined.
NRS 451.540 “Person” defined.
NRS 451.545 “Physician” defined.
NRS 451.547 “Procurement organization” defined.
NRS 451.5475 “Prospective donor” defined.
NRS 451.548 “Reasonably available” defined.
NRS 451.5485 “Recipient” defined.
NRS 451.549 “Record” defined.
NRS 451.5493 “Refusal” defined.
NRS 451.5497 “Sign” defined.
NRS 451.550 “State” defined.
NRS 451.553 “Technician” defined.
NRS 451.5535 “Tissue” defined.
NRS 451.554 “Tissue bank” defined.
NRS 451.5545 “Transplant hospital” defined.
NRS 451.556 Persons authorized to make anatomical gift before death of donor.
NRS 451.558 Manner of making anatomical gift before death of donor.
NRS 451.559 Amending or revoking anatomical gift before death of donor.
NRS 451.561 Refusal to make anatomical gift; effect of refusal.
NRS 451.562 Preclusive effect of anatomical gift, amendment or revocation.
NRS 451.566 Persons authorized to make anatomical gift of body or part of decedent; appointment of person to make anatomical gift where other authorized persons unavailable.
NRS 451.568 Manner of making, amending or revoking anatomical gift of body or part of decedent.
NRS 451.569 Release of body or part upon request from procurement organization; requirements; immunity of coroner or medical examiner from liability.
NRS 451.571 Persons who may receive anatomical gift; purpose of anatomical gift.
NRS 451.572 Search and notification.
NRS 451.578 Delivery of document of gift not required; right to examine.
NRS 451.579 Rights and duties of procurement organization and others.
NRS 451.584 Coordination of procurement and use.
NRS 451.587 Nontransplant anatomical donation organizations: Certification; standards and guidelines; fee for application for issuance or renewal of certificate; duties of Division; penalty.
NRS 451.590 Sale or purchase of parts prohibited; penalties.
NRS 451.591 Other prohibited acts; penalties.
NRS 451.592 Immunity.
NRS 451.593 Law governing validity; choice of law as to execution of document of gift; presumption of validity.
NRS 451.594 Donor registry.
NRS 451.595 Effect of anatomical gift on advance health-care directive.
NRS 451.596 Cooperation between coroner and procurement organization.
NRS 451.597 Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner.
NRS 451.598 Relation to Electronic Signatures in Global and National Commerce Act.
CREMATION
NRS 451.600 Definitions.
NRS 451.605 “Agent” defined.
NRS 451.607 “Alkaline hydrolysis” defined.
NRS 451.610 “Communicable disease” defined.
NRS 451.615 “Container” defined.
NRS 451.617 “Cremation” defined.
NRS 451.620 “Human remains” defined.
NRS 451.623 “Natural organic reduction” defined.
NRS 451.625 “Operator” defined.
NRS 451.630 “Urn” defined.
NRS 451.635 Requirements for licensing of crematories and certification of persons operating crematory equipment.
NRS 451.637 Operator of crematory to provide notice to certain entities concerning equipment for alkaline hydrolysis; entity that receives notice to ensure compliance with state and local requirements.
NRS 451.640 Adoption of regulations; injunctive relief.
NRS 451.645 Authority of cemetery or funeral home to erect and conduct crematory; placement.
NRS 451.655 Order of person for cremation and disposition of remains.
NRS 451.660 Requirements for death certificate and written authorization; delegation of authority of authorized agent; unavailability of authorized agent.
NRS 451.665 Maintenance of records; identification of remains.
NRS 451.670 Prohibition against requiring placement of remains in casket; construction and incineration, dissolution or reduction of container.
NRS 451.675 Holding of remains awaiting cremation.
NRS 451.680 Procedure and space for cremation.
NRS 451.685 Allowance of persons near remains awaiting cremation; simultaneous cremation of remains of more than one person.
NRS 451.690 Delivery and transportation of cremated remains.
NRS 451.695 Disposition of cremated remains: Responsibility; operator of crematory.
NRS 451.700 Disposition of cremated remains: Restrictions on manner and location.
NRS 451.705 Effect of execution of order for cremation; liability for article of value delivered with remains.
NRS 451.710 Refusal to accept or cremate remains or to release cremated remains pending resolution of dispute.
NRS 451.715 Unlawful acts; abatement of unlawful crematory as public nuisance.
_________
DEFINITIONS
NRS 451.005 “Human remains” and “remains” defined. As used in NRS 451.010 to 451.340, inclusive, unless the context otherwise requires, “human remains” or “remains” means the body of a deceased person, and includes the body in any stage of decomposition and the cremated remains of a body.
(Added to NRS by 1961, 254; A 1969, 161; 2003, 1881; 2015, 569; 2017, 327; 2023, 294)
DETERMINATION OF DEATH
NRS 451.007 Requirements for determination.
1. For legal and medical purposes, a person is dead if the person has sustained an irreversible cessation of:
(a) Circulatory and respiratory functions; or
(b) All functions of the person’s entire brain, including his or her brain stem.
2. A determination of death made under:
(a) Paragraph (a) of subsection 1 must be made in accordance with accepted medical standards.
(b) Paragraph (b) of subsection 1 must be made in accordance with the applicable guidelines set forth in:
(1) “Evidence-based Guideline Update: Determining Brain Death in Adults: Report of the Quality Standards Subcommittee of the American Academy of Neurology,” published June 8, 2010, by the American Academy of Neurology, or any subsequent revisions approved by the American Academy of Neurology or its successor organization; or
(2) “Guidelines for the Determination of Brain Death in Infants and Children: An Update of the 1987 Task Force Recommendations,” published January 27, 2012, by the Pediatric Section of the Society of Critical Care Medicine, or any subsequent revisions approved by the Pediatric Section of the Society of Critical Care Medicine or its successor organization.
(Added to NRS by 1979, 226; A 1985, 130; 2017, 1728)
NRS 451.008 Consent not required for determination; prohibition on withholding or withdrawal of organ-sustaining treatment in certain circumstances; notice.
1. A determination of the death of a person made pursuant to paragraph (b) of subsection 1 of NRS 451.007 is a clinical decision that does not require the consent of the person’s authorized representative or the family member with the authority to consent or withhold consent.
2. Organ-sustaining treatment must not be withheld or withdrawn from a person determined to be dead pursuant to paragraph (b) of subsection 1 of NRS 451.007 who is known to the attending physician to be:
(a) Pregnant, so long as it is probable that the fetus will develop to the point of live birth with continued application of organ-sustaining treatment; or
(b) A donor or potential donor of an anatomical gift, for the amount of time necessary to successfully recover the anatomical gift.
3. After a determination of the death of a person is made pursuant to paragraph (b) of subsection 1 of NRS 451.007, reasonable efforts must be made:
(a) By the person’s provider of health care to notify a family member or other authorized representative of the person of the determination of death; and
(b) By the health care facility in which the determination of death was made to inform a family member or other authorized representative of the person that the potential costs of continuing to administer organ-sustaining treatment may become the responsibility of the person’s estate or family.
4. As used in this section:
(a) “Anatomical gift” has the meaning ascribed to it in NRS 451.513.
(b) “Organ-sustaining treatment” means a medical procedure or intervention conducted after a person has been determined to be dead pursuant to paragraph (b) of subsection 1 of NRS 451.007 that serves only to prolong the viability of the organs of the person or a fetus carried by the person.
(Added to NRS by 2017, 1728)
MISCELLANEOUS PROVISIONS
NRS 451.010 Dissection of dead human bodies: Limitations; penalty.
1. The right to dissect the dead body of a human being is limited to cases:
(a) Specially provided by statute or by the direction or will of the deceased.
(b) Where a coroner is authorized under NRS 259.050 or an ordinance enacted pursuant to NRS 244.163 to hold an inquest upon the body, and then only as the coroner may authorize dissection.
(c) Where the spouse or next of kin charged by law with the duty of burial authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so authorized.
(d) Where authorized by the provisions of NRS 451.500 to 451.598, inclusive.
2. Every person who makes, causes or procures to be made any dissection of the body of a human being, except as provided in subsection 1, is guilty of a gross misdemeanor.
[1911 C&P § 208; RL § 6473; NCL § 10156]—(NRS A 1963, 198, 534; 1969, 161; 1989, 432; 2007, 793; 2017, 794; 2023, 294, 1113)
NRS 451.015 Commercial use of aborted embryo or fetus prohibited; penalty. Any person who uses, or makes available for the use of another, the remains of an aborted 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 Burial or cremation within reasonable time after death; transportation and disposal of residue of cremated body.
1. Except in cases of dissection provided for in NRS 451.010, and where a dead body shall rightfully be carried through or removed from the State for the purpose of burial elsewhere, every dead body of a human being lying within this state, and the remains of any dissected body after dissection, shall be decently buried or cremated within a reasonable time after death.
2. The residue resulting from the cremation of the body 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, or directed by the decedent, by the person charged by law with the duty of burying the body.
[1911 C&P § 208; RL § 6473; NCL § 10156]—(NRS A 1969, 716)
NRS 451.023 Responsibility of surviving spouse or parent for burial or cremation of deceased spouse or child. The spouse of a minor child or the parent of an unmarried or otherwise unemancipated minor child shall be primarily responsible for the decent burial or cremation of his or her spouse or such child within a reasonable time after death.
(Added to NRS by 1971, 131; A 2017, 794)
NRS 451.024 Persons authorized to order burial or cremation; order of priority of such persons; acceptance of legal and financial responsibility does not give rise to claim against estate or other person; transfer of authority to another person; unavailability of authorized person.
1. The following persons, in the following order of priority, may order the burial or cremation of human remains of a deceased person:
(a) A person designated as the person with authority to order the burial or cremation of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 9;
(b) If the decedent was, at the time of death, on active duty as a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, a person designated by the decedent in the United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, as the person authorized to direct disposition of the human remains of the decedent;
(c) The spouse of the decedent;
(d) An adult son or daughter of the decedent;
(e) Either parent of the decedent;
(f) An adult brother or sister of the decedent;
(g) A grandparent of the decedent;
(h) A guardian of the person of the decedent at the time of death; and
(i) A person who meets the requirements of subsection 2.
2. Any other person may order the burial or cremation of the human remains of the decedent if the person:
(a) Is at least 18 years of age; and
(b) Executes an affidavit affirming:
(1) That he or she knew the decedent;
(2) The length of time that he or she knew the decedent;
(3) That he or she does not know the whereabouts of any of the persons specified in paragraphs (a) to (h), inclusive, of subsection 1; and
(4) That he or she willingly accepts legal and financial responsibility for the burial or cremation of the human remains of the decedent.
3. If a person with authority to order the burial or cremation of the human remains of a decedent pursuant to paragraphs (c) to (h), inclusive, of subsection 1 has been arrested for or charged with murder, as defined in NRS 200.010, or voluntary manslaughter, as defined in NRS 200.050, in connection with the death of the decedent, the authority of the person to order the disposition of the human remains of the decedent is automatically relinquished and passes to the next person in order of priority pursuant to subsection 1.
4. If there is more than one person authorized to order the burial or cremation of the human remains of a decedent within a particular priority class pursuant to paragraphs (d) to (h), inclusive, of subsection 1, a funeral establishment or direct cremation facility may require a majority of the members of the priority class to agree upon a disposition of the remains of the decedent.
5. A person who accepts legal and financial responsibility for the burial or cremation of the human remains of a decedent as described in subparagraph (4) of paragraph (b) of subsection 2 does not have a claim against the estate of the decedent or against any other person for the cost of the burial or cremation.
6. If the deceased person was an indigent or other person for whom the final disposition of the decedent’s remains is a responsibility of a county or the State, the appropriate public officer may order the burial or cremation of the remains and provide for the respectful disposition of the remains.
7. If the deceased person donated his or her body for scientific research or, before the person’s death, a medical facility was made responsible for the final disposition of the person, a representative of the scientific institution or medical facility may order the burial or cremation of his or her remains.
8. A living person may order the burial or cremation of human remains removed from his or her body or the burial or cremation of his or her body after death. In the latter case, any person acting pursuant to his or her instructions is an authorized agent.
9. A person 18 years of age or older wishing to authorize another person to order the burial or cremation of his or her human remains in the event of the person’s death may include such an authorization in a validly executed will or durable power of attorney or may execute an affidavit before a notary public in substantially the following form:
State of Nevada }
}ss
County of ................................ }
(Date) ...................................
I, .............................., (person authorizing another person to order the burial or cremation of his or her human remains in the event of his or her death) do hereby designate .............................. (person who is being authorized to order the burial or cremation of the human remains of a person in the event of his or her death) to order the disposition of my human remains upon my death.
Subscribed and sworn to before me this ........
day of the month of ......... of the year ........
......................................................................
(Notary Public)
10. If the authorized person is not reasonably available or is unable to act as the authorized person, the right of the person to be the authorized person shall pass to the next person or category of persons in the order of priority pursuant to subsection 1.
11. It shall be presumed that an authorized person is not reasonably available to act as an authorized person in accordance with subsection 10 if the crematory, cemetery, funeral establishment or direct cremation facility, after exercising due diligence, has been unable to contact the person, or if the person has been unwilling or unable to make final arrangements for the burial or cremation of the human remains of the decedent, within 30 days after the initial contact or attempt to contact by the crematory, cemetery, funeral establishment or direct cremation facility.
12. If a person with a lower authorization priority than another person pursuant to subsection 1 has been authorized to order the burial or cremation of the human remains of a decedent and, subsequently, a person with a higher authorization priority makes an initial contact with the crematory, cemetery, funeral establishment or direct cremation facility and is available to perform the duties of an authorized person pursuant to this section before the final disposition of the decedent, the person with the higher authorization priority is the authorized person to order the burial or cremation of the human remains of the decedent.
(Added to NRS by 2003, 1880; A 2011, 193, 197; 2015, 1966; 2017, 1698)
NRS 451.025 Reimbursement for burial expenses paid with public money. If the governing body of any county, city or town within the State of Nevada must arrange for and order the decent burial of any person dying within such county, city or town, leaving a spouse or parent in whose custody such person remained at the time he or she died, which spouse or parent is not indigent and not otherwise eligible for assistance as a poor person and expenses for a decent burial have been paid out of public funds pursuant to such an order, the county, city or town must be reimbursed for its expenses of burial of the dead body of such person by the spouse or parent charged by law with the duty of burial.
(Added to NRS by 1971, 131; A 1983, 139; 2017, 794)
NRS 451.027 Duty of county agency responsible for remains of indigent person believed to be veteran to report name of person to Department of Veterans Services; Department to determine eligibility for interment at national or veterans’ cemetery; disposition of remains; immunity from liability for certain acts or omissions.
1. If the county agency that is responsible for interring or cremating the remains of indigent persons obtains custody of the unclaimed human remains of a deceased person whom the county agency knows, has reason to know or reasonably believes is a veteran, the county agency shall report the name of the deceased person to the Department of Veterans Services as soon as practicable after obtaining custody of the remains.
2. Upon receipt of a report made pursuant to subsection 1, the Department of Veterans Services shall determine whether the deceased person is a veteran who is eligible for interment at a national cemetery pursuant to 38 U.S.C. § 2402 or a veterans’ cemetery pursuant to NRS 417.210. The Department shall provide notice of the determination to the county agency.
3. If the Department of Veterans Services provides notice pursuant to subsection 2 to a county agency of a determination that a deceased person is a veteran who:
(a) Is eligible for interment at a national cemetery or a veterans’ cemetery, the county agency shall arrange for the proper disposition of the veteran’s remains with:
(1) A national cemetery or veterans’ cemetery; or
(2) The Department of Veterans Services.
(b) Is not eligible for interment at a national cemetery or a veterans’ cemetery and is indigent, the county agency shall cause the veteran’s remains to be decently interred or cremated in the county.
4. A county agency that is responsible for interring or cremating the remains of indigent persons is immune from civil or criminal liability for any act or omission with respect to complying with the provisions of this section.
5. As used in this section, “veteran” has the meaning ascribed to it in NRS 176A.090.
(Added to NRS by 2015, 568)
NRS 451.030 Removal of remains for sale or dissection; purchases; punishment.
1. A person who removes the dead body of a human being, or any part thereof, from a grave, vault or other place where it has been buried or deposited awaiting burial or cremation, without authority of law, with the intent to sell it, or for the purpose of securing a reward for its return, or for dissection, or from malice or wantonness, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who purchases or receives, except for burial or cremation, any such dead body, or any part thereof, knowing that it has been removed contrary to the provisions of subsection 1, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. A person who opens a grave or other place of interment, temporary or otherwise, or a building where such a dead body is deposited while awaiting burial or cremation, without authority of law, with the intent to remove the body or any part thereof, for the purpose of selling or demanding money for it, for dissection, from malice or wantonness, or with the intent to sell or remove the coffin or any part thereof or anything attached thereto, or any vestment or other article interred or intended to be interred with the body, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
[1911 C&P § 210; RL § 6475; NCL § 10158]—(NRS A 1967, 581; 1979, 1470; 1989, 576; 1995, 1279)
NRS 451.040 Seizure of remains for debt; interference with dead body; penalty.
1. Every person who shall arrest or attach the dead body of a human being upon a debt or demand, or shall detain or claim to detain it for any debt or demand or upon any pretended lien or charge, shall be guilty of a misdemeanor.
2. Every person who, without authority of law, shall obstruct or detain a person engaged in carrying or accompanying the dead body of a human being to a place of burial or cremation shall be guilty of a misdemeanor.
[1911 C&P § 211; RL § 6476; NCL § 10159]
NRS 451.045 Permit for disinterment or removal of human remains within State.
1. Except as otherwise provided in NRS 451.050, the local health officer may issue a permit for the disinterment or removal of human remains. The permit must indicate the name of the cemetery, mausoleum, columbarium or other place of burial where the remains will be interred, inurned or buried.
2. Except as otherwise provided in subsection 4, a person in charge of a cemetery, mausoleum, columbarium or other place of burial shall not disinter or remove or permit disinterment or removal of human remains unless the person has received a copy of such a permit.
3. A person who violates the provisions of this section is guilty of a misdemeanor.
4. A county coroner is not required to obtain a permit from the local health officer for the disinterment, removal or transportation of human remains while carrying out his or her duties as the county coroner.
(Added to NRS by 1961, 254; A 1989, 381)
NRS 451.050 Permit for disinterment or removal of human remains out of State.
1. Any person, company, association or corporation in this State who shall exhume or disinter, or who shall cause to be exhumed or disinterred, any human remains, or any part of such remains, which have been buried in the ground in this State, for the purpose of transporting the same to any other state or foreign country, except under the conditions provided in subsection 2, shall be guilty of a misdemeanor.
2. The boards of county commissioners of the several counties in which human remains are buried or interred, as provided in subsection 1, are authorized to grant and to issue written permits for the disinterment and removal of any such human remains referred to in subsection 1, whenever in their judgment the public health will not be endangered by such disinterment and removal; but no such permit shall be granted or issued under any circumstances or at any time where the person or persons buried or interred have died from or with any contagious or loathsome disease.
[1911 C&P § 287; RL § 6552; NCL § 10235] + [1911 C&P § 288; RL § 6553; NCL § 10236]—(NRS A 1967, 582)
NRS 451.060 Penalties for noncompliance of common carrier.
1. Any transportation company or common carrier transporting or carrying, or accepting through its agents or employees for transportation or carriage, the body of any deceased person, without an accompanying permit issued in accordance with law, shall be punished by a fine of not more than $250. If the death occurred outside of the State and the body is accompanied by a burial, removal or transit permit issued in accordance with the law or board of health regulations in force where the death occurred, such burial, removal or transit permit may be held to authorize the transportation or carriage of the body into or through the State.
2. Any railroad, transportation or express company which receives for transportation and shipment any dead human body, unless the body has been prepared by a regularly licensed embalmer of the State of Nevada, with the removal permit, his or her name and the number of the embalmer’s license attached thereon, and unless the body shall reach its destination within the boundaries of this state and within 30 hours from time of death, shall be punished 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 Unlawful to require remains to be embalmed or otherwise prepared before disposition; exceptions; penalty.
1. Except as otherwise provided in subsections 2 and 3, no crematory, funeral home, cemetery or other place that accepts human remains for disposition may require the remains to be embalmed or otherwise prepared before their disposition by cremation, interment or otherwise, or before their removal from or into any registration district.
2. The State Board of Health may require embalming or other preparations if necessary to protect the public.
3. If embalming is not required by the State Board of Health pursuant to subsection 2, the Nevada Funeral and Cemetery Services Board may authorize the embalming of a body if it determines that it is necessary to preserve the body and the crematory, funeral home, cemetery or other place that accepts human remains for disposition:
(a) Has held the body for at least 72 hours;
(b) Is unable to notify a member of the family or other authorized person to obtain approval to embalm the body; and
(c) Has no reason to believe that the family or other authorized person does not wish to have the body embalmed.
4. Any person who violates this section is guilty of a misdemeanor.
(Added to NRS by 1973, 192; A 1977, 361; 1993, 2606; 1997, 2580; 2003, 1279)
NRS 451.067 Designation of family cemetery; notification of Division of Public and Behavioral Health of designation.
1. The board of county commissioners of a county whose population is less than 55,000 may adopt an ordinance allowing one or more natural persons to designate as a family cemetery an area of land owned by any of those persons for the interment in that area without charge of any member of the family of any of them or any other person.
2. Before the first interment in a family cemetery designated in accordance with an ordinance adopted pursuant to subsection 1, a member of the family or a representative of the family shall notify the Division of Public and Behavioral Health of the Department of Health and Human Services of the designation of the family cemetery and its specific location on the land owned by the family.
(Added to NRS by 2001, 988; A 2011, 1277)
REMOVAL OF HUMAN REMAINS BY CEMETERY AUTHORITY
NRS 451.069 “Cemetery authority” defined. As used in NRS 451.069 to 451.330, inclusive, “cemetery authority” means any natural person, partnership, association, corporation or public entity, including the Nevada System of Higher Education or any cemetery district, owning or leasing the land or other property of a cemetery or operating a cemetery as a business in this State.
(Added to NRS by 1979, 1561; A 1993, 405; 2001, 988; 2017, 327)
NRS 451.070 Authority to order disinterment and removal of human remains. Except as otherwise provided in NRS 451.075, a cemetery authority may order the disinterment and removal of all human remains interred in all or any part of any cemetery if:
1. A governmental authority other than the cemetery authority determines that:
(a) The maintenance of all or any part of the cemetery as a burial place for the human dead is not in accordance with the health, safety, comfort or welfare of the public;
(b) The cemetery authority is unable to restore the cemetery or part of the cemetery to a condition where the maintenance of the cemetery as a burial place for the human dead is in accordance with the health, safety, comfort and welfare of the public; and
(c) The cemetery authority is unable, at current market rates, to sell or lease the cemetery to or enter into a contract with another cemetery authority that will maintain the cemetery as a burial place for the human dead in accordance with the health, safety, comfort and welfare of the public; or
2. The cemetery authority determines that financial provision must be made for future care of gravesites within a specified area.
(Added to NRS by 1961, 459; A 1979, 1561; 2001, 989; 2017, 327)
NRS 451.075 Prohibition on certain acts by cemetery authority concerning burial plot owned in fee simple. Notwithstanding any other provision of law, including, without limitation, any provision of NRS 451.069 to 451.330, inclusive, a cemetery authority shall not:
1. Order the disinterment and removal of human remains interred in a burial plot that is owned in fee simple by a person other than the cemetery authority; or
2. Sell, mortgage or encumber or require the sale, mortgage or encumbrance of such a burial plot.
(Added to NRS by 2017, 327)
NRS 451.080 Regulations governing manner of removal and reinterment; time for removal and reinterment.
1. The cemetery authority may prescribe reasonable regulations governing the manner of making disinterments and removals and providing for reinterment in a portion of the existing cemetery or in any other cemetery or for deposit of the remains in any memorial mausoleum or columbarium or for providing appropriate future care.
2. The cemetery authority must prescribe a reasonable time of not less than 1 year after the date on which it orders the disinterment and removal of remains pursuant to NRS 451.070, after which the cemetery authority may proceed to disinter and remove the remains and reinter them in a portion of the existing cemetery or another cemetery or deposit them in a memorial mausoleum or columbarium.
(Added to NRS by 1961, 459; A 1979, 1561; 2001, 989; 2017, 328)
NRS 451.110 Notice of determination to remove human remains.
1. Notice of a determination to remove the human remains from all or any part of any cemetery must be given by publication in a newspaper of general circulation published in the city, or the county if the cemetery is in an unincorporated area, in which the cemetery or the portion from which removals are to be made is situated. Publication must be at least once a week for 4 consecutive weeks.
2. The notice must specify the period after which the cemetery authority may remove the remains.
(Added to NRS by 1961, 460; A 2001, 989)
NRS 451.130 Posting of copies of notice in cemetery. Copies of the notice shall, within 10 days after the first publication, be posted in at least three conspicuous places in the cemetery or the portion from which removals are to be made.
(Added to NRS by 1961, 460)
NRS 451.140 Mailing of copy of notice to owner of plot or heir of person interred.
1. A copy of the notice must be mailed to every person who owns, holds, or has the right of interment in, any plot in the cemetery or part affected, whose name appears upon the records of the cemetery or upon the real 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 plot owner as it appears from the records of the cemetery or county assessor, and if the owner’s address does not appear or is not known, then to him or her in the city in which the cemetery is situated.
2. The notice must also be mailed to each known living heir at law of any person whose remains are interred in the cemetery, if his or her address is known.
(Added to NRS by 1961, 460; A 1979, 1562)
NRS 451.150 Notice to cemetery authority by friend or relative. At any time before the date fixed for the removal of remains by the cemetery authority, any relative or friend of any person whose remains are interred in the cemetery from which removals are to be made may give the cemetery authority written notice that the relative or friend desires to be present when the remains are disinterred or are reinterred.
(Added to NRS by 1961, 460)
NRS 451.160 Notice to 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 be disinterred.
2. As accurately as possible, the plot where the remains are interred.
3. The date of interment.
4. An address at which the required notices may be given by the cemetery authority.
(Added to NRS by 1961, 461)
NRS 451.170 Notice to cemetery authority by friend or relative: Manner of delivery. The notice may be delivered, or forwarded by registered or certified mail, to the office or principal place of business of the cemetery authority proposing to make removals.
(Added to NRS by 1961, 461; A 1969, 95)
NRS 451.180 Notice by cemetery authority; manner of service on friend or relative. After receipt of such notice before the date fixed for the removal of the remains by the cemetery authority, it shall give written notice to 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 it at least 10 days prior to the date specified for the disinterment of the remains.
(Added to NRS by 1961, 461)
NRS 451.190 Notice to cemetery authority by friend or relative: Effect. Whenever a request of notice is given by a relative or friend, the cemetery authority shall not disinter the remains referred to until the notice of the time of disinterment 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 Removal of human remains. After the completion of notice and after the expiration of the period specified in the notice, the cemetery authority may cause the removal of all human remains interred in the cemetery or portion from which the remains have been ordered removed, and may reinter such remains in other cemeteries in this state where interments are permitted, without further notice to any person claiming any interest in the cemetery, or portion affected, or in the remains interred therein.
(Added to NRS by 1961, 462; A 2001, 989)
NRS 451.270 Manner and time of reinterment.
1. The remains of each person reinterred shall be placed in a separate and suitable receptacle and decently and respectfully interred not later than 1 year after the date on which the remains are disinterred under rules and regulations adopted by the cemetery authority making the removal.
2. A receptacle shall be deemed suitable for the purposes of subsection 1 if the receptacle:
(a) Is capable of withstanding weather and movement of the earth that may affect the receptacle for at least 100 years; or
(b) Has been approved by the closest living relative of the decedent.
(Added to NRS by 1961, 462; A 2017, 328)
NRS 451.280 Disposal of land by cemetery authority; authority to sell and encumber. Whenever human remains have been ordered removed under the provisions of NRS 451.069 to 451.330, inclusive, and the cemetery authority has made and published notice of the determination to remove such remains, 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 the cemetery authority.
(Added to NRS by 1961, 462; A 1979, 1562; 2001, 989)
NRS 451.290 Sale or encumbrance of land; confirmation by district court of sale by cemetery corporation or association. No order of any court shall be required prior to the making of any such sale, mortgage or other encumbrance of such lands; but any sale of such cemetery lands made by any cemetery corporation or association controlled by a governing body shall be fairly conducted and the price paid shall be fair and reasonable and all such sales shall be confirmed, as to the fairness and reasonableness of the price paid, by the district court of the county in which the lands are situated.
(Added to NRS by 1961, 462)
NRS 451.300 Petition for confirmation; notice of hearing. Petitions for confirmation of sales shall be made to the district court of the county in which such lands are situated, and the clerk of the court shall fix a day for and give notice of hearing by publication on three dates of publication prior to the hearing, and if the newspaper is published oftener than once a week there 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 Confirmation of sale agreed upon before receipt of notice of determination that further maintenance of cemetery is not in accordance with health, safety, comfort or welfare of public. If, before receiving notice of any determination made by a governmental authority pursuant to NRS 451.070, any cemetery authority has in good faith entered into any agreement to sell or has granted any option to buy all or any portion of its cemetery lands for a price reasonable at the time the agreement to sell was made, or the option granted, the district court shall confirm the sale at the price stipulated in the agreement to sell or the option to buy.
(Added to NRS by 1961, 462; A 1979, 1562; 2001, 990)
NRS 451.320 Declaration of removal by cemetery authority: Filing; acknowledgment; effect of subsequent conveyance.
1. After the removal of all human remains interred in any part of the whole of the cemetery lands, the cemetery authority may file for record in the office of the county recorder of the county in which the lands are situated a written declaration reciting that all human remains have been removed from the lands described in the declaration.
2. The declaration shall be acknowledged in the manner of the acknowledgment of deeds to real property by the president and secretary, or other corresponding officers of the cemetery authority, or by the person owning or controlling the cemetery lands, and thereafter any deed, mortgage or other conveyance of any part of such lands is conclusive evidence in favor of any grantee or mortgagee named in it, and his or her successor or assigns, of the fact of the complete removal of all human remains therefrom.
(Added to NRS by 1961, 463)
NRS 451.330 Removal of dedication; notice of hearing and proof. After all remains have been removed from a cemetery in accordance with the provisions of NRS 451.069 to 451.330, inclusive, the dedication may be removed from all or any part of such cemetery lands by an order and decree of the district court of the county in which the property is situated, in a proceeding brought for that purpose and upon notice of hearing and proof satisfactory to the court:
1. That all bodies have been removed, or that no interments were made; and
2. That the property is no longer used or required for interment.
(Added to NRS by 1961, 463; A 1979, 1563; 2001, 990)
REMOVAL OF HUMAN REMAINS INTERRED IN RELIGIOUS CEMETERY
NRS 451.340 Disinterment by heir or relative must comply with requirements of religious denomination, society or church; authority of officer, representative or agent of church or religious society.
1. The heirs, relatives or friends of any decedent whose remains have been interred in any cemetery owned, governed or controlled by any religious corporation or by any church or religious society of any denomination or by any corporation sole administering temporalities of any religious denomination, society or church, or owned, governed or controlled by any person or persons as trustee or trustees for any religious denomination, society or church shall not disinter, remove, reinter or dispose of any such remains except in accordance with the rules, regulations and discipline of such religious denomination, society or church.
2. The officers, representatives or agents of the church or religious society shall be the sole judge of the requirements of the rules, regulations and discipline of such religious denomination, society or church.
(Added to NRS by 1961, 463)
ANATOMICAL DISSECTION
NRS 451.350 “Committee” defined. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)
NRS 451.360 Establishment and composition of Committee; election and terms of Chair and Secretary. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)
NRS 451.370 Meetings, records and budget of Committee. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)
NRS 451.380 Compensation of members of Committee. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)
NRS 451.390 Regulations of Committee. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)
NRS 451.400 Notification of Committee or its designee concerning dead human body which is unclaimed or required to be buried at public expense; delivery of body as designated by Committee. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)
NRS 451.410 Retention of bodies received by Committee; referral of excess or unfit bodies to board of county commissioners for burial or cremation. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)
NRS 451.420 Committee to receive notice of death for unclaimed indigent person; limitations on delivery of bodies to Committee. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)
NRS 451.430 Delivery of body by Committee to friend or other claimant; payment of expenses; military funeral required by veterans’ organization that claims body. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)
NRS 451.440 Contract for delivery of body to Committee prohibited; Committee authorized to accept body left by will. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)
NRS 451.450 Distribution of bodies among schools, teaching hospitals and other persons or entities; fees; penalty. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)
NRS 451.460 Recipient of body received from Committee required to give bond; approval, amount and conditions of bond. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)
NRS 451.470 Disposal of remains after use. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)
ANATOMICAL GIFTS (UNIFORM ACT)
NRS 451.500 Short title. NRS 451.500 to 451.598, inclusive, may be cited as the Revised Uniform Anatomical Gift Act.
(Added to NRS by 1969, 158; A 1977, 449; 1979, 351; 1989, 433; 2007, 794)
NRS 451.503 Applicability of Act. NRS 451.500 to 451.598, inclusive, apply to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made.
(Added to NRS by 1989, 432; A 2007, 794; 2019, 2766; 2023, 1113)
NRS 451.505 Uniformity of application and construction. In applying and construing the Revised Uniform Anatomical Gift Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Added to NRS by 1969, 158; A 1989, 433; 2007, 794)
NRS 451.510 Definitions. As used in NRS 451.500 to 451.598, inclusive, unless the context otherwise requires, the words and terms defined in NRS 451.511 to 451.5545, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1969, 158; A 1987, 316; 1989, 433; 1991, 482; 2007, 794; 2019, 2766; 2023, 1113)
NRS 451.511 “Adult” defined. “Adult” means a natural person who is at least 18 years of age.
(Added to NRS by 2007, 780)
NRS 451.512 “Agent” defined. “Agent” means a natural person:
1. Authorized to make health-care decisions on the principal’s behalf by a power of attorney for health care; or
2. Expressly authorized to make an anatomical gift on the principal’s behalf by any other record signed by the principal.
(Added to NRS by 2007, 781)
NRS 451.513 “Anatomical gift” defined. “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research or education.
(Added to NRS by 1989, 431; A 2007, 794)
NRS 451.520 “Decedent” defined. “Decedent” means a deceased natural person whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than NRS 451.500 to 451.598, inclusive, a fetus.
(Added to NRS by 1969, 158; A 1989, 433; 2007, 794)
NRS 451.522 “Disinterested witness” defined. “Disinterested witness” means a witness other than the spouse, child, parent, sibling, grandchild, grandparent or guardian of the natural person who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the natural person. The term does not include a person to which an anatomical gift could pass under NRS 451.571.
(Added to NRS by 2007, 781)
NRS 451.523 “Document of gift” defined. “Document of gift” means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver’s license, identification card or donor registry.
(Added to NRS by 1989, 431; A 1991, 482, 2172; 2003, 828; 2007, 794)
NRS 451.525 “Donor” defined. “Donor” means a natural person whose body or part is the subject of an anatomical gift.
(Added to NRS by 1969, 158; A 1989, 433; 2007, 794)
NRS 451.526 “Donor registry” defined. “Donor registry” means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. The term includes, without limitation, a donor registry that has entered into a contract with the Department of Motor Vehicles pursuant to NRS 483.340 or 483.840.
(Added to NRS by 2007, 781)
NRS 451.528 “Driver’s license” defined. “Driver’s license” means a license or permit issued by the Department of Motor Vehicles to operate a vehicle, whether or not conditions are attached to the license or permit.
(Added to NRS by 2007, 781)
NRS 451.5285 “Eye bank” defined. “Eye bank” means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes.
(Added to NRS by 2007, 781)
NRS 451.529 “Guardian” defined. “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health or welfare of a natural person. The term does not include a guardian ad litem.
(Added to NRS by 2007, 781)
NRS 451.530 “Hospital” defined. “Hospital” means a facility licensed as a hospital under the laws of any state or a facility operated as a hospital by the United States, a state or a subdivision of a state.
(Added to NRS by 1969, 158; A 1989, 433; 2007, 795)
NRS 451.532 “Identification card” defined. “Identification card” means an identification card issued by the Department of Motor Vehicles pursuant to chapter 483 of NRS.
(Added to NRS by 1991, 482; A 2001, 2624)
NRS 451.533 “Know” defined. “Know” means to have actual knowledge.
(Added to NRS by 2007, 781)
NRS 451.5335 “Minor” defined. “Minor” means a natural person who is under 18 years of age.
(Added to NRS by 2007, 781)
NRS 451.534 “Organ procurement organization” defined. “Organ procurement organization” means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.
(Added to NRS by 2007, 781)
NRS 451.5345 “Parent” defined. “Parent” means a parent whose parental rights have not been terminated.
(Added to NRS by 2007, 781)
NRS 451.535 “Part” defined. “Part” means an organ, an eye or any tissue of a human being. The term does not include the whole body.
(Added to NRS by 1969, 158; A 1989, 433; 2007, 795)
NRS 451.540 “Person” defined. “Person” means a natural person, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(Added to NRS by 1969, 158; A 1985, 517; 2007, 795)
NRS 451.545 “Physician” defined. “Physician” means a natural person authorized to practice medicine or osteopathy under the laws of any state.
(Added to NRS by 1969, 158; A 1977, 962; 1985, 499; 1989, 433; 2007, 795)
NRS 451.547 “Procurement organization” defined. “Procurement organization” means an eye bank, organ procurement organization or tissue bank.
(Added to NRS by 1989, 431; A 2007, 795)
NRS 451.5475 “Prospective donor” defined. “Prospective donor” means a natural person who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research or education. The term does not include a natural person who has made a refusal.
(Added to NRS by 2007, 781)
NRS 451.548 “Reasonably available” defined. “Reasonably available” means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.
(Added to NRS by 2007, 781)
NRS 451.5485 “Recipient” defined. “Recipient” means a natural person into whose body a decedent’s part has been or is intended to be transplanted.
(Added to NRS by 2007, 781)
NRS 451.549 “Record” defined. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(Added to NRS by 2007, 781)
NRS 451.5493 “Refusal” defined. “Refusal” means a record created under NRS 451.561 that expressly states an intent to bar other persons from making an anatomical gift of a natural person’s body or part.
(Added to NRS by 2007, 781)
NRS 451.5497 “Sign” defined. “Sign” means, with the present intent to authenticate or adopt a record:
1. To execute or adopt a tangible symbol; or
2. To attach to or logically associate with the record an electronic symbol, sound or process.
(Added to NRS by 2007, 782)
NRS 451.550 “State” defined. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
(Added to NRS by 1969, 158; A 1989, 433; 2007, 795)
NRS 451.553 “Technician” defined. “Technician” means a natural person determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited or regulated under federal or state law. The term includes an enucleator.
(Added to NRS by 1989, 431; A 2007, 795)
NRS 451.5535 “Tissue” defined. “Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.
(Added to NRS by 2007, 782)
NRS 451.554 “Tissue bank” defined. “Tissue bank” means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue.
(Added to NRS by 2007, 782)
NRS 451.5545 “Transplant hospital” defined. “Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.
(Added to NRS by 2007, 782)
NRS 451.556 Persons authorized to make anatomical gift before death of donor. Subject to NRS 451.562, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in NRS 451.558 by:
1. The donor, if the donor is an adult or if the donor is a minor and is:
(a) Emancipated; or
(b) Authorized under state law to apply for a driver’s license because the donor is at least 16 years of age;
2. An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
3. A parent of the donor, if the donor is an unemancipated minor; or
4. The donor’s guardian.
(Added to NRS by 2007, 782)
NRS 451.558 Manner of making anatomical gift before death of donor.
1. A donor may make an anatomical gift:
(a) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card;
(b) In a will;
(c) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(d) As provided in subsection 2.
2. A donor or other person authorized to make an anatomical gift under NRS 451.556 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another natural person at the direction of the donor or other person and must:
(a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(b) State that it has been signed and witnessed as provided in paragraph (a).
3. An anatomical gift made in the manner described in paragraph (a) of subsection 1 by a donor who is at least 16 years of age but less than 18 years of age is valid and may not be revoked by a parent or guardian if the donor and his or her parent or guardian sign a form prescribed by the Department of Motor Vehicles which indicates that unless the anatomical gift is amended or revoked by the donor before his or her death, the anatomical gift may not be amended or revoked by the parent or guardian of the donor.
4. Revocation, suspension, expiration or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
5. An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.
(Added to NRS by 2007, 782; A 2013, 435)
NRS 451.559 Amending or revoking anatomical gift before death of donor.
1. Subject to NRS 451.562, a donor or other person authorized to make an anatomical gift under NRS 451.556 may amend or revoke an anatomical gift by:
(a) A record signed by:
(1) The donor;
(2) The other person; or
(3) Subject to subsection 2, another natural person acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(b) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
2. A record signed pursuant to subparagraph (3) of paragraph (a) of subsection 1 must:
(a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(b) State that it has been signed and witnessed as provided in paragraph (a).
3. Subject to NRS 451.562, a donor or other person authorized to make an anatomical gift under NRS 451.556 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
4. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
5. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection 1.
(Added to NRS by 2007, 783)
NRS 451.561 Refusal to make anatomical gift; effect of refusal.
1. A natural person may refuse to make an anatomical gift of his or her body or part by:
(a) A record signed by:
(1) Him or her; or
(2) Subject to subsection 2, another natural person acting at his or her direction if he or she is physically unable to sign;
(b) The natural person’s will, whether or not the will is admitted to probate or invalidated after his or her death; or
(c) Any form of communication made by the natural person during his or her terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
2. A record signed pursuant to subparagraph (2) of paragraph (a) of subsection 1 must:
(a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the natural person; and
(b) State that it has been signed and witnessed as provided in paragraph (a).
3. A natural person who has made a refusal may amend or revoke the refusal:
(a) In the manner provided in subsection 1 for making a refusal;
(b) By subsequently making an anatomical gift pursuant to NRS 451.558 that is inconsistent with the refusal; or
(c) By destroying or cancelling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
4. Except as otherwise provided in subsection 8 of NRS 451.562, in the absence of an express, contrary indication by the natural person set forth in the refusal, a natural person’s unrevoked refusal to make an anatomical gift of his or her body or part bars all other persons from making an anatomical gift of the natural person’s body or part.
(Added to NRS by 2007, 783)
NRS 451.562 Preclusive effect of anatomical gift, amendment or revocation.
1. Subject to the provisions of subsections 6 and 7, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under NRS 451.558 or an amendment to an anatomical gift of the donor’s body or part under NRS 451.559.
2. A donor’s revocation of an anatomical gift of the donor’s body or part under NRS 451.559 is not a refusal and does not bar another person specified in NRS 451.556 or 451.566 from making an anatomical gift of the donor’s body or part under NRS 451.558 or 451.568.
3. If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under NRS 451.558 or an amendment to an anatomical gift of the donor’s body or part under NRS 451.559, another person may not make, amend or revoke the gift of the donor’s body or part under NRS 451.568.
4. A revocation of an anatomical gift of a donor’s body or part under NRS 451.559 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under NRS 451.558 or 451.568.
5. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under NRS 451.556, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
6. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under NRS 451.556, an anatomical gift of a part for one or more of the purposes set forth in NRS 451.556 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under NRS 451.558 or 451.568.
7. Except as otherwise provided in NRS 451.558, if a donor who is an unemancipated minor dies, a parent or guardian of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.
8. If an unemancipated minor who signed a refusal dies, a parent or guardian of the minor who is reasonably available may revoke the minor’s refusal.
(Added to NRS by 2007, 784; A 2013, 436)
NRS 451.566 Persons authorized to make anatomical gift of body or part of decedent; appointment of person to make anatomical gift where other authorized persons unavailable.
1. Subject to subsections 2, 3 and 4 and unless barred by NRS 451.561 or 451.562, an anatomical gift of a decedent’s body or part for the purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(a) An agent of the decedent at the time of death who could have made an anatomical gift under subsection 2 of NRS 451.556 immediately before the decedent’s death;
(b) The spouse of the decedent;
(c) Adult children of the decedent;
(d) Parents of the decedent;
(e) Adult siblings of the decedent;
(f) Adult grandchildren of the decedent;
(g) Grandparents of the decedent;
(h) An adult who exhibited special care and concern for the decedent;
(i) The persons who were acting as the guardians of the person of the decedent at the time of death; and
(j) A person appointed by a district court pursuant to subsection 4.
2. If there is more than one member of a class listed in paragraphs (a), (c), (d), (e), (f), (g) or (i) of subsection 1 entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under NRS 451.571 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
3. A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection 1 is reasonably available to make or to object to the making of an anatomical gift.
4. If a person described in paragraphs (a) to (i), inclusive, of subsection 1 is not available to make an anatomical gift at the time of the decedent’s death, a procurement organization may petition a district court to appoint a person to make an anatomical gift pursuant to paragraph (j) of subsection 1. The district court may hear the petition ex parte and grant the petition without a hearing. The district court shall not grant such a petition unless the procurement organization has:
(a) Demonstrated to the satisfaction of the district court that the procurement organization has made a reasonable effort pursuant to subsection 5 to determine whether any person described in paragraphs (a) to (i), inclusive, of subsection 1 is reasonably available;
(b) Determined that no person in a prior class under subsection 1 who is reasonably available objects to the making of an anatomical gift; and
(c) Determined that no evidence exists of the decedent having communicated a desire that his or her body or part not become anatomical gifts, including, without limitation, through a refusal that has not been revoked.
5. Except in the case where the useful life of the body or part does not permit, a reasonable effort shall be deemed to have been made to determine whether any person described in paragraphs (a) to (i), inclusive, of subsection 1 is reasonably available if a search for such persons has been underway for at least 12 hours. Such a search must include, without limitation:
(a) A check of any records of missing persons maintained by local law enforcement agencies and the National Crime Information Center;
(b) An examination of any personal effects of the decedent; and
(c) In order to obtain information that might lead to the location of any persons described in paragraphs (a) to (i), inclusive, of subsection 1, the questioning of any persons known to have:
(1) Visited the decedent:
(I) Within the month before his or her death; or
(II) In a medical facility where the decedent was receiving care for the condition that caused his or her death;
(2) Accompanied the body of the decedent; or
(3) Reported the death.
6. As used in this section:
(a) “Local law enforcement agency” means the sheriff’s office of a county, a metropolitan police department or a police department of an incorporated city.
(b) “Medical facility” has the meaning ascribed to it in NRS 449.0151.
(Added to NRS by 2007, 784; A 2023, 1113)
NRS 451.568 Manner of making, amending or revoking anatomical gift of body or part of decedent.
1. A person authorized to make an anatomical gift under NRS 451.566 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the natural person receiving the oral communication.
2. Subject to subsection 3, an anatomical gift by a person authorized under NRS 451.566 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under NRS 451.566 may be:
(a) Amended only if a majority of the reasonably available members agree to the amending of the gift; or
(b) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
3. A revocation under subsection 2 is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital or physician or technician knows of the revocation.
(Added to NRS by 2007, 785)
NRS 451.569 Release of body or part upon request from procurement organization; requirements; immunity of coroner or medical examiner from liability.
1. For the purpose of transplantation only, upon a determination of brain death pursuant to paragraph (b) of subsection 1 of NRS 451.007, the coroner or medical examiner may release and authorize the removal of a decedent’s body or part that is in the custody of the coroner or medical examiner if:
(a) The coroner or medical examiner has received a request from a procurement organization;
(b) The body or part is the subject of a valid anatomical gift;
(c) The coroner or medical examiner has no evidence of the decedent having communicated a desire that his or her body or part not become anatomical gifts, including, without limitation, through a refusal that has not been revoked;
(d) The procurement organization demonstrates to the satisfaction of the coroner or medical examiner that the procurement organization has made a reasonable effort pursuant to subsection 3 to determine whether any person described in subsection 1 of NRS 451.566 is reasonably available; and
(e) No person described in subsection 1 of NRS 451.566 who is reasonably available objects to the making of an anatomical gift.
2. A coroner or medical examiner is immune from civil or criminal liability for any act or omission performed in accordance with the provisions of this section.
3. Except in the case where the useful life of the body or part does not permit, a reasonable effort shall be deemed to have been made to determine whether any person described in subsection 1 of NRS 451.566 is reasonably available if a search for such persons has been underway for at least 12 hours. Such a search must include, without limitation:
(a) A check of any records of missing persons maintained by local law enforcement agencies and the National Crime Information Center;
(b) An examination of any personal effects of the decedent; and
(c) In order to obtain information that might lead to the location of any persons described in subsection 1 of NRS 451.566, the questioning of any persons known to have:
(1) Visited the decedent:
(I) Within the month before his or her death; or
(II) In a medical facility where the decedent was receiving care for the condition that caused his or her death;
(2) Accompanied the body of the decedent; or
(3) Reported the death.
4. As used in this section:
(a) “Local law enforcement agency” means the sheriff’s office of a county, a metropolitan police department or a police department of an incorporated city.
(b) “Medical facility” has the meaning ascribed to it in NRS 449.0151.
(Added to NRS by 2023, 1112)
NRS 451.571 Persons who may receive anatomical gift; purpose of anatomical gift.
1. An anatomical gift may be made to the following persons named in the document of gift:
(a) A hospital, accredited medical school, dental school, college, university, organ procurement organization or other appropriate person, for research or education;
(b) Subject to subsection 2, a natural person designated by the person making the anatomical gift if the natural person is the recipient of the part; or
(c) An eye bank or tissue bank.
2. If an anatomical gift to a natural person under paragraph (b) of subsection 1 is not medically suitable for transplantation into the natural person, the gift, in the absence of an express, contrary indication by the person making the gift:
(a) If it is medically suitable for transplantation or therapy for other natural persons, must be used for transplantation or therapy, and the gift passes in accordance with subsection 8.
(b) If it is not medically suitable for transplantation or therapy for other natural persons, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.
3. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection 1 but identifies the purpose for which an anatomical gift may be used, the following rules apply:
(a) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.
(b) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.
(c) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(d) If the part is an organ, an eye or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.
4. For the purpose of subsection 3, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift, in the absence of an express, contrary indication by the person making the gift:
(a) If it is medically suitable for transplantation or therapy, must be used for transplantation or therapy, and the gift passes in accordance with paragraphs (a), (b) and (c) of subsection 3.
(b) If it is not medically suitable for transplantation or therapy, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.
5. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection 1 and does not identify the purpose of the gift, the gift, in the absence of an express, contrary indication by the person making the gift:
(a) If it is medically suitable for transplantation or therapy, must be used for transplantation or therapy, and the gift passes in accordance with subsection 8.
(b) If it is not medically suitable for transplantation or therapy, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.
6. If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor” or “organ donor” or by a symbol or statement of similar import, the gift, in the absence of an express, contrary indication by the person making the gift:
(a) If it is medically suitable for transplantation or therapy, must be used for transplantation or therapy, and the gift passes in accordance with subsection 8.
(b) If it is not medically suitable for transplantation or therapy, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.
7. If a document of gift specifies only a general intent to make an anatomical gift by words such as “body donor” or by a symbol or statement of similar import, the gift, in the absence of an express, contrary indication by the person making the gift:
(a) If any part is medically suitable for transplantation or therapy, must be used for transplantation or therapy, and the gift passes in accordance with subsection 8.
(b) If any part is not medically suitable for transplantation or therapy, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.
8. For purposes of subsections 2, 5, 6 and 7, if an anatomical gift is medically suitable for transplantation or therapy, the following rules apply:
(a) If a family member of the donor resides in this State and is a medically suitable recipient for the gift, the gift passes to the family member.
(b) If no family member exists as described in paragraph (a):
(1) If the part is an eye, the gift passes to the appropriate eye bank.
(2) If the part is tissue, the gift passes to the appropriate tissue bank.
(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
9. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (b) of subsection 1, passes to the organ procurement organization as custodian of the organ.
10. If an anatomical gift does not pass pursuant to subsections 1 to 9, inclusive, or the decedent’s body or part is not used for transplantation, therapy, research or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
11. A person may not accept an anatomical gift if the person knows that the gift was not effectively made under NRS 451.558 or 451.568 or if the person knows that the decedent made a refusal under NRS 451.561 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
12. Except as otherwise provided in paragraph (b) of subsection 1 and subsection 8, nothing in NRS 451.500 to 451.598, inclusive, affects the allocation of organs for transplantation or therapy.
13. As used in this section, “family member” means a person who is related to the donor within the fourth degree of consanguinity or affinity.
(Added to NRS by 2007, 785; A 2011, 1007)
NRS 451.572 Search and notification.
1. The following persons shall make a reasonable search of a natural person who the person reasonably believes is dead or near death for a document of gift or other information identifying the natural person as a donor or as a natural person who made a refusal:
(a) A law enforcement officer, firefighter, paramedic or other emergency rescuer finding the natural person; and
(b) If no other source of the information is immediately available, a hospital, as soon as practical after the natural person’s arrival at the hospital.
2. If a document of gift or a refusal to make an anatomical gift is located by the search required by paragraph (a) of subsection 1 and the natural person or deceased natural person to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
3. A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
(Added to NRS by 2007, 787)
NRS 451.578 Delivery of document of gift not required; right to examine.
1. A document of gift need not be delivered during the donor’s lifetime to be effective.
2. Upon or after a natural person’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the natural person shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the natural person or by a person to which the gift could pass under NRS 451.571.
(Added to NRS by 2007, 788)
NRS 451.579 Rights and duties of procurement organization and others.
1. When a hospital refers a natural person at or near death to a procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the natural person resides to ascertain whether the natural person has made an anatomical gift.
2. When a hospital refers a natural person at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the natural person expressed a contrary intent.
3. Unless prohibited by law other than NRS 451.500 to 451.598, inclusive, at any time after a donor’s death, the person to which a part passes under NRS 451.571 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
4. Unless prohibited by law other than NRS 451.500 to 451.598, inclusive, an examination under subsection 2 or 3 may include an examination of all medical and dental records of the donor or prospective donor.
5. Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
6. Upon referral by a hospital under subsection 1, a procurement organization shall make a reasonable search for any person listed in NRS 451.566 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended or revoked, it shall promptly advise the other person of all relevant information.
7. Subject to subsection 10 of NRS 451.571 and 451.597, the rights of the person to which a part passes under NRS 451.571 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and NRS 451.500 to 451.598, inclusive, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under NRS 451.571, upon the death of the donor and before embalming, burial or cremation, shall cause the part to be removed without unnecessary mutilation.
8. Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent’s death may participate in the procedures for removing or transplanting a part from the decedent.
9. A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
10. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift, if an anatomical gift of a part has been made for the purpose of transplantation or therapy and the part is medically suitable for that purpose, the appropriate procurement organization shall discuss with a person authorized to make an anatomical gift under NRS 451.556 the person’s willingness to make an anatomical gift of any other part for the purpose of research or education.
(Added to NRS by 2007, 788)
NRS 451.584 Coordination of procurement and use. Each hospital in this State shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
(Added to NRS by 2007, 789)
NRS 451.587 Nontransplant anatomical donation organizations: Certification; standards and guidelines; fee for application for issuance or renewal of certificate; duties of Division; penalty.
1. Each nontransplant anatomical donation organization that procures a human body or part in this State shall:
(a) Be certified by the Division;
(b) Follow the standards and guidelines established by the State Board of Health pursuant to subsection 2; and
(c) Report to the Division, in a manner and frequency prescribed by the State Board of Health, the number and disposition of human bodies or parts procured by the nontransplant anatomical donation organization.
2. The State Board of Health shall:
(a) Adopt regulations that establish standards and guidelines for nontransplant anatomical donation organizations which must be substantially based upon federal laws and regulations relating to the procurement of human bodies and parts, NRS 451.500 to 451.598, inclusive, and the best standards and practices in the industry; and
(b) Adopt any regulations necessary to carry out the provisions of this section, including, without limitation, regulations that establish a fee for an application for the issuance or renewal of a certification as a nontransplant anatomical donation organization.
3. Before adopting or amending any regulation pursuant to subsection 2, the State Board of Health shall seek input from each procurement organization and nontransplant anatomical donation organization in this State.
4. The Division shall:
(a) Collect and analyze information from each nontransplant anatomical donation organization in this State on the number and disposition of human bodies and parts procured by the nontransplant anatomical donation organization and make such information available to the Governor and the Legislature upon request; and
(b) Monitor all nontransplant anatomical donation organizations in this State for compliance with federal and state laws and regulations.
5. A person who engages in the activity of a nontransplant anatomical donation organization without being certified by the Division pursuant to this section or who violates the standards and guidelines adopted by the State Board of Health pursuant to subsection 2 is guilty of a category C 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.
6. As used in this section:
(a) “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.
(b) “Nontransplant anatomical donation organization” means a person who engages in the recovery, screening, testing, processing, storage or distribution of human bodies or parts for a purpose other than transplantation, including, without limitation, education, research or the advancement of medical, dental or mortuary science.
(Added to NRS by 2019, 2765)
NRS 451.590 Sale or purchase of parts prohibited; penalties.
1. Except as otherwise provided in subsection 2, a person shall not knowingly, for valuable consideration, purchase or sell a part of a natural person for transplantation or therapy if removal of the part from the natural person is or was intended to occur after the natural person’s death.
2. A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation or disposal of a part.
3. A person who violates this section is guilty of a category C 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; 2007, 795)
NRS 451.591 Other prohibited acts; penalties.
1. A person shall not, in order to obtain a financial gain, intentionally falsify, forge, conceal, deface or obliterate a document of gift, an amendment or revocation of a document of gift or a refusal.
2. A person who violates this section is guilty of a category C 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 2007, 789)
1. A person that acts in accordance with NRS 451.500 to 451.598, inclusive, or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding.
2. Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift.
3. In determining whether an anatomical gift has been made, amended or revoked under NRS 451.500 to 451.598, inclusive, a person may rely upon representations of a natural person listed in paragraph (b), (c), (d), (e), (f), (g) or (h) of subsection 1 of NRS 451.566 relating to the natural person’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.
(Added to NRS by 2007, 789; A 2019, 2766; 2023, 1115)
NRS 451.593 Law governing validity; choice of law as to execution of document of gift; presumption of validity.
1. A document of gift is valid if executed in accordance with:
(a) The provisions of NRS 451.500 to 451.598, inclusive;
(b) The laws of the state or country where it was executed; or
(c) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.
2. If a document of gift is valid under this section, the law of this State governs the interpretation of the document of gift.
3. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
(Added to NRS by 2007, 790; A 2019, 2766; 2023, 1115)
1. A person shall not create or maintain a donor registry unless the donor registry complies with the provisions of NRS 451.500 to 451.598, inclusive, and all other applicable provisions of federal and state law.
2. A donor registry must:
(a) Allow a donor or other person authorized under NRS 451.556 to include on the donor registry a statement or symbol that the donor has made, amended or revoked an anatomical gift;
(b) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift; and
(c) Be accessible for purposes of paragraphs (a) and (b) 7 days a week on a 24-hour basis.
3. Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift.
4. This section does not apply to a donor registry that is created to contain records of anatomical gifts and amendments to or revocations of anatomical gifts of only the whole body of a donor for the purpose of research or education.
(Added to NRS by 2007, 790; A 2019, 2767)
NRS 451.595 Effect of anatomical gift on advance health-care directive.
1. As used in this section:
(a) “Advance health-care directive” means a power of attorney for health care or other record signed by a prospective donor, or executed in the manner set forth in NRS 162A.790, containing the prospective donor’s direction concerning a health-care decision for the prospective donor.
(b) “Declaration” means a record signed by a prospective donor, or executed as set forth in NRS 449A.433, specifying the circumstances under which life-sustaining treatment may be withheld or withdrawn from the prospective donor. The term includes a Provider Order for Life-Sustaining Treatment form executed pursuant to NRS 449A.500 to 449A.581, inclusive.
(c) “Health-care decision” means any decision made regarding the health care of the prospective donor.
2. If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or advance health-care directive and the express or implied terms of the potential anatomical gift are in conflict concerning the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy:
(a) The attending physician of the prospective donor shall confer with the prospective donor to resolve the conflict or, if the prospective donor is incapable of resolving the conflict, with:
(1) An agent acting under the declaration or advance health-care directive of the prospective donor; or
(2) If an agent is not named in the declaration or advance health-care directive or the agent is not reasonably available, any other person authorized by law, other than by a provision of NRS 451.500 to 451.598, inclusive, to make a health-care decision for the prospective donor.
(b) The conflict must be resolved as expeditiously as practicable.
(c) Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift of the prospective donor’s body or part under NRS 451.556.
(d) Before the resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor, if withholding or withdrawing the measures is not medically contraindicated for the appropriate treatment of the prospective donor at the end of his or her life.
(Added to NRS by 2007, 790; A 2009, 211; 2013, 2292; 2017, 464, 1773)
NRS 451.596 Cooperation between coroner and procurement organization.
1. A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education.
2. If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a postmortem examination is going to be performed, unless the coroner denies recovery in accordance with NRS 451.597, the coroner or designee shall conduct a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.
3. A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research or education unless the part is the subject of an anatomical gift or such removal is authorized or required by other law. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift or such delivery is authorized or required by law. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.
(Added to NRS by 2007, 791; A 2023, 295)
NRS 451.597 Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner.
1. Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent’s body or part is medically suitable for transplantation, therapy, research or education, the coroner shall release postmortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from the coroner only if relevant to transplantation or therapy.
2. The coroner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, X-rays, other diagnostic results and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner which the coroner determines may be relevant to the investigation.
3. A person that has any information requested by a coroner pursuant to subsection 2 shall provide that information as expeditiously as possible to allow the coroner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research or education.
4. If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner and a postmortem examination is not required, or the coroner determines that a postmortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the coroner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research or education.
5. If an anatomical gift of a part from the decedent under the jurisdiction of the coroner has been or might be made, but the coroner or designee initially believes that the recovery of the part could interfere with the postmortem investigation into the decedent’s cause or manner of death, the coroner or designee shall consult with the procurement organization or the physician or technician designated by the procurement organization to remove the part about the proposed recovery. After consultation, the coroner or designee may allow the recovery by the procurement organization to proceed and may attend and witness all procedures before, during and after removal of the part.
6. Following the consultation under subsection 5, if the coroner or designee still intends to deny recovery, the coroner or designee, at the request of the procurement organization, shall consult additionally with the physician or technician designated by the procurement organization to remove the part before making a final determination not to allow the procurement organization to recover the part. The additional consultation must be based on the protocols developed pursuant to subsection 10 to resolve conflicts and to maximize the recovery of parts for the purpose of transplantation or therapy, except that the coroner retains the right to deny recovery based on clear need for the postmortem examination, including, without limitation, preservation of the part. After such additional consultation, the coroner or designee may:
(a) Allow recovery by the procurement organization to proceed and may attend and witness all procedures before, during and after removal of the part; or
(b) If the coroner or designee reasonably believes that the part may be involved in determining the decedent’s cause or manner of death, deny recovery by the procurement organization.
7. If the coroner or designee denies recovery under subsection 6:
(a) The coroner or designee shall:
(1) Document in a record the specific reasons for not allowing recovery of the part;
(2) Include the specific reasons in the records of the coroner; and
(3) Share such records, including, without limitation, the specific reasons documented by the coroner or designee for not allowing recovery of the part, with the procurement organization in the interest of improving the protocols developed pursuant to subsection 10; and
(b) The procurement organization shall include in its records the specific reasons documented by the coroner or designee for not allowing recovery of the part.
8. If the coroner or designee allows recovery of a part under subsection 4, 5 or 6, the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the coroner, in a timely manner, with a record describing the condition of the part, a biopsy, a photograph and any other information and observations that would assist in the postmortem examination.
9. If a coroner or designee elects to attend and witness a removal procedure under subsection 5 or 6, the procurement organization requesting the recovery of the part shall, upon request by the coroner or designee, reimburse the coroner or designee for the additional costs incurred in attending and witnessing the removal procedure.
10. For purposes of subsection 6, the coroner and the procurement organization shall develop mutually agreed-upon protocols to resolve conflicts between the coroner and the procurement organization regarding the recovery of parts. The protocols:
(a) Must focus on maximizing the recovery of parts for the purpose of transplantation or therapy;
(b) Must allow the coroner the right to deny recovery of a part where recovery of the part could interfere with the postmortem investigation into the decedent’s cause or manner of death; and
(c) May include, without limitation, requirements and procedures concerning:
(1) Consultations and cooperation between the coroner or designee and the physician or technician designated by the procurement organization to remove the part;
(2) The taking of photographs before, during and after removal of the part;
(3) Video recording the removal procedure; and
(4) The taking of tissue samples from the part and the conducting of biopsies, testing or other examinations of the part.
(Added to NRS by 2007, 791)
NRS 451.598 Relation to Electronic Signatures in Global and National Commerce Act. NRS 451.500 to 451.598, inclusive, modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede Section 101(a) of that Act, 15 U.S.C. § 7001(a), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).
(Added to NRS by 2007, 793)
CREMATION
NRS 451.600 Definitions. As used in NRS 451.600 to 451.715, inclusive, unless the context otherwise requires, the words and terms defined in NRS 451.605 to 451.630, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1993, 2601; A 2017, 2735; 2023, 416)
NRS 451.605 “Agent” defined. “Agent” means, with respect to a particular deceased person, a person authorized to order the cremation of his or her human remains.
(Added to NRS by 1993, 2601)
NRS 451.607 “Alkaline hydrolysis” defined. “Alkaline hydrolysis” means the:
1. Reduction of human remains to bone fragments through a water-based process of dissolution using alkaline chemicals and agitation to accelerate natural decomposition; and
2. Processing of the hydrolyzed human remains after their removal from the container in which the process of dissolution occurs.
(Added to NRS by 2017, 2735)
NRS 451.610 “Communicable disease” defined. “Communicable disease” has the meaning ascribed to it in NRS 441A.040.
(Added to NRS by 1993, 2601)
NRS 451.615 “Container” defined. “Container” means a vessel, whether or not a casket, in which human remains are placed for cremation.
(Added to NRS by 1993, 2601)
NRS 451.617 “Cremation” defined. “Cremation” means the technical process that reduces human remains to bone fragments or soil by using alkaline hydrolysis, incineration or natural organic reduction.
(Added to NRS by 2017, 2735; A 2023, 416)
NRS 451.620 “Human remains” defined. “Human remains” means the body of a deceased person, or part of the body which has been removed from a living person, in any stage of decomposition.
(Added to NRS by 1993, 2601)
NRS 451.623 “Natural organic reduction” defined. “Natural organic reduction” means the contained, accelerated conversion of human remains to soil.
(Added to NRS by 2023, 416)
NRS 451.625 “Operator” defined. “Operator” of a crematory means the person licensed to conduct its business.
(Added to NRS by 1993, 2601)
NRS 451.630 “Urn” defined. “Urn” means a vessel in which cremated remains can be placed and which can be closed to prevent leaking or spilling of the remains or the entrance of foreign material.
(Added to NRS by 1993, 2601)
NRS 451.635 Requirements for licensing of crematories and certification of persons operating crematory equipment.
1. No person may cremate human remains except in a crematory whose operator is licensed by the Nevada Funeral and Cemetery Services Board.
2. The licensed operator of a crematory shall ensure that all persons physically operating the crematory equipment have completed a crematory certification program approved by the Board and maintain proof of completion of the program at the site where the crematory equipment operated by the person is located. Such proof of completion must be made available to the Board upon request or as part of any inspection or investigation conducted by the Board.
3. Except as otherwise provided in subsection 4, if a crematory is proposed to be located in an incorporated city whose population is 60,000 or more or in an unincorporated town that is contiguous to such an incorporated city, the Board shall not issue a license to the applicant unless the proposed location of all structures associated with the crematory are:
(a) In an area which is zoned for mixed, commercial or industrial use; and
(b) At least 1,500 feet from the boundary line of any parcel zoned for residential use.
4. If a crematory proposes to cremate human remains only through alkaline hydrolysis or natural organic reduction, the Board may issue a license to the applicant regardless of the location if the board of county commissioners of the county or the governing body of the city or town, as applicable, in which the crematory is proposed to be located provides written notice to the Board consenting to the proposed location of the crematory.
5. The Board shall prescribe and furnish forms for application for licensing. An application must be in writing and contain:
(a) The name and address of the applicant and the location or proposed location of the crematory;
(b) A description of the structure and equipment to be used in operating the crematory; and
(c) Any further information that the Board may reasonably require.
6. An application must be signed by the applicant personally, by one of the partners if the applicant is a partnership, or by an authorized officer if the applicant is a corporation or other form of business organization.
7. The Board shall examine the structure and equipment and, if applicable, the location and shall issue the license if:
(a) It appears that the proposed operation will meet the requirements of NRS 451.600 to 451.715, inclusive; and
(b) The applicant has paid all fees related to the application.
8. If the ownership of a crematory is to be changed, the proposed operator shall apply for licensing at least 30 days before the change.
(Added to NRS by 1993, 2601; A 2003, 1279; 2013, 236; 2015, 1968; 2017, 2735; 2023, 416)
NRS 451.637 Operator of crematory to provide notice to certain entities concerning equipment for alkaline hydrolysis; entity that receives notice to ensure compliance with state and local requirements.
1. After obtaining a license pursuant to NRS 451.635 and at least 90 days before the operator of a crematory purchases equipment for alkaline hydrolysis for cremation, the operator must provide to the Division of Environmental Protection of the State Department of Conservation and Natural Resources and any private, public or cooperative operator of a sanitary sewer in the area in which the crematory is located written notice containing:
(a) The date on which the equipment for alkaline hydrolysis is proposed to be purchased; and
(b) A list of the equipment that is proposed to be purchased.
2. The Division and each operator of a sanitary sewer notified pursuant to subsection 1 shall ensure that the equipment which the operator proposes to purchase for alkaline hydrolysis complies with the provisions of NRS 445A.300 to 445A.730, inclusive, and any local law, ordinance or regulation.
(Added to NRS by 2017, 2735)
NRS 451.640 Adoption of regulations; injunctive relief.
1. The Nevada Funeral and Cemetery Services Board shall adopt regulations for the administration of NRS 451.600 to 451.715, inclusive. Unless governed by the regulations of the State Board of Health, the regulations of the Nevada Funeral and Cemetery Services Board must include, without limitation:
(a) The conditions under which the remains of a person who has died from a communicable or otherwise dangerous disease may be transported to a crematory for cremation; and
(b) The minimum standards for sanitation, required equipment and protection from fire.
2. The Nevada Funeral and Cemetery Services Board may bring legal proceedings to enjoin any person who violates any provision of NRS 451.600 to 451.715, inclusive, any regulation adopted pursuant thereto or any order of the Board from operating a crematory. Any person who is so enjoined is liable to the Board for attorney’s fees and court costs.
3. The Nevada Funeral and Cemetery Services Board may adopt regulations prescribing requirements for the conduct of natural organic reduction.
(Added to NRS by 1993, 2602; A 2003, 1279; 2017, 2736; 2023, 417)
NRS 451.645 Authority of cemetery or funeral home to erect and conduct crematory; placement.
1. A cemetery or funeral home may erect and conduct a crematory if licensed as the operator.
2. Except as otherwise provided in subsections 3 and 4 of NRS 451.635, a crematory may be erected on or adjacent to the premises of a cemetery or funeral establishment if the location is zoned for commercial or industrial use, or at any other location where the local zoning permits. A crematory must conform to all local building codes and environmental standards.
(Added to NRS by 1993, 2602; A 2013, 237; 2015, 1969; 2017, 2737)
NRS 451.655 Order of person for cremation and disposition of remains.
1. A prepaid contract for services to be rendered upon the death of a beneficiary which includes cremation must specify the disposition of the cremated remains, and that portion of the contract must be initialed by the person paying for the services. If no additional or different instructions are given by the agent at the time of the beneficiary’s death, the operator of a crematory may dispose of the remains as specified. Upon that disposition, the operator has no further liability with respect to the remains.
2. A person may order his or her own cremation and the disposition of his or her own cremated remains. The order must be signed by the person and by two witnesses. The order may designate the crematory. A copy of the order must be retained by the signer and a copy sent to the crematory if designated. The signer may revoke the order or change the designation of the crematory, and must provide written notice of the action to the operator of the crematory if designated.
3. When a person who has ordered his or her own cremation dies, a person in possession of the order and a person charged with arranging for disposition of the decedent’s body who is aware of the order shall use their best efforts to ensure that the decedent is cremated, and the cremated remains are disposed of, according to the order.
4. If a completed order for cremation, executed before death, and the human remains to which it pertains are in the possession of the operator of a crematory, and the operator has received payment for the cremation and the disposition of the cremated remains, the operator shall perform those acts as ordered and incurs no liability by their performance.
(Added to NRS by 1993, 2602)
NRS 451.660 Requirements for death certificate and written authorization; delegation of authority of authorized agent; unavailability of authorized agent.
1. The operator of a crematory shall not cremate human remains until a death certificate has been signed and, except as otherwise provided in NRS 451.655, without first receiving a written authorization, on a form provided by the operator, signed by the agent or by the living person from whom the remains have been removed:
(a) Identifying the deceased person or the remains removed;
(b) Stating whether or not death occurred from a communicable or otherwise dangerous disease;
(c) Stating the name and address of the agent and the agent’s relation to the deceased person;
(d) Representing that the agent is aware of no objection to cremation of the remains by any person who has a right to control the disposition of the deceased person’s remains; and
(e) Stating the name of the person authorized to claim the cremated remains or the name of the cemetery or person to whom the remains are to be sent.
2. An authorized agent may delegate his or her authority to another person by a written and signed statement containing the agent’s name, address and relationship to the deceased person and the name and address of the person to whom the agent’s authority is delegated. The operator of a crematory incurs no liability by relying upon a signed order for cremation received by mail or upon a delegation of authority.
3. If the authorized agent is not reasonably available or is unable to act as the authorized agent, the person’s right to be the authorized agent shall pass to the next person or category of persons in the order of priority pursuant to subsection 1 of NRS 451.024.
4. It shall be presumed that an authorized person is not reasonably available to act as an authorized agent in accordance with subsection 3 if the crematory, cemetery, funeral establishment or direct crematory facility, after exercising due diligence, has been unable to contact the person, or if the person has been unwilling or unable to make final arrangements for the disposition of the deceased person’s remains, within 30 days after the initial contact or attempted contact by the crematory, cemetery, funeral establishment or direct cremation facility.
5. If a person with a lower authorization priority than another person pursuant to subsection 1 of NRS 451.024 has been designated as the authorized agent to order the disposition of the deceased person’s remains and, subsequently, a person with a higher authorization priority makes an initial contact with the crematory, cemetery, funeral establishment or direct crematory facility and is available to perform the duties of an authorized agent pursuant to NRS 451.024 before the final disposition of the remains, the person with the higher authorization priority shall be deemed to be the authorized agent to order the disposition of the remains.
(Added to NRS by 1993, 2603; A 2015, 1969)
NRS 451.665 Maintenance of records; identification of remains.
1. The operator of a crematory, funeral establishment or direct cremation facility shall keep a record of:
(a) Each authorization received;
(b) The name of each person whose human remains are received;
(c) The date and time of receipt, and a description of the 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 accept unidentified human remains. If the remains are received in a container, the operator shall place appropriate identification upon the exterior of the container.
3. If a permit for transportation of human remains to the crematory is required by the local health authority, the operator shall file the permit in his or her records.
(Added to NRS by 1993, 2603; A 2015, 1970)
NRS 451.670 Prohibition against requiring placement of remains in casket; construction and incineration, dissolution or reduction of container.
1. No operator of a crematory may require that human remains be placed in a casket, or refuse to accept human remains for cremation because they are not in a casket.
2. The container used must:
(a) Consist of:
(1) Readily combustible materials if incineration will be used to cremate the human remains;
(2) Materials that are readily dissolvable by alkaline hydrolysis, if alkaline hydrolysis will be used to cremate the human remains; or
(3) Materials that are readily reducible by natural organic reduction if natural organic reduction will be used to cremate the human remains;
(b) Cover the human remains completely when closed;
(c) Resist leaking or spilling;
(d) Be rigid enough for easy handling or, if alkaline hydrolysis will be used to cremate the human remains, be properly supported during transport; and
(e) Protect the health and safety of employees of the operator.
3. Unless otherwise ordered in writing by the agent, the operator shall incinerate, dissolve or reduce the container, as applicable, as the remains are cremated.
(Added to NRS by 1993, 2604; A 2017, 2737; 2023, 417)
NRS 451.675 Holding of remains awaiting cremation.
1. If the operator of a crematory cannot cremate human remains immediately after receiving them, the operator shall place them in a holding facility within or adjacent to the crematory which:
(a) Preserves the dignity of the remains;
(b) Protects for the health and safety of employees of the operator; and
(c) Is secure from access by anyone other than those employees, except a laborer in the ordinary course of his or her work.
2. If human remains are not embalmed, they may not be held longer than 24 hours unless the holding facility is refrigerated.
3. An operator need not accept for holding a container from which there is any evidence of leakage of bodily fluids.
(Added to NRS by 1993, 2604)
NRS 451.680 Procedure and space for cremation.
1. The agent, or the person charged with arranging for disposition of the body of a person who has ordered his or her own cremation, shall ensure that any artificial device that would be dangerous if cremated is removed from the human remains before their cremation. If he or she is unable to arrange for its removal before the remains are delivered to a crematory, he or she shall inform the operator of the crematory.
2. The space within a crematory where cremation takes place must be enclosed and must not be used for any other purpose than the cremation of human remains. Immediately before a container is placed in this chamber, the identification of the human remains within it must be verified by the operator and any identifying document or label for the urn must be removed from the container and kept near the control panel until cremation is complete.
3. Upon the completion of cremation, the operator shall:
(a) Remove the recoverable residue from the chamber;
(b) Place the bone fragments or soil, as applicable, in an urn with proper identification and insofar as practicable place no other material with them unless authorized by the agent; and
(c) Dispose of the remaining residue.
4. If the cremated remains will not fit in the urn selected by the agent, the operator of the crematory shall hold the remains until the agent selects an urn or urns in which the remains will fit.
(Added to NRS by 1993, 2604; A 2017, 2737; 2023, 418)
NRS 451.685 Allowance of persons near remains awaiting cremation; simultaneous cremation of remains of more than one person.
1. The operator of a crematory shall not permit a person to be present near human remains awaiting cremation, being cremated, or being removed from the chamber unless the presence of the person is within the normal scope of his or her work or his or her presence is authorized by the family of the deceased.
2. The operator of a crematory shall not simultaneously cremate the remains of more than one person in the same chamber unless so authorized in writing by the agent for each person whose remains are to be so cremated. Such a written authorization releases the operator from liability for commingling of the cremated remains.
(Added to NRS by 1993, 2605)
NRS 451.690 Delivery and 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 the crematory shall sign a receipt showing the name of the person whose remains are received and the date, time and place of receipt. The operator shall retain the receipt. Thereafter, the remains may be transported in any manner, with a permit if required by the local health authority.
2. If a temporary urn is used to deliver the cremated remains to the person authorized to claim them, that urn must be placed in a suitable outer box to increase its security and integrity. The temporary urn must be marked with the name of the person whose remains it contains and the name of the operator of the crematory.
3. If cremated remains are to be shipped, the urn must be packed in a sealed package. A method of shipment must be used which has an internal tracing system and provides a receipt signed by the person accepting delivery.
(Added to NRS by 1993, 2605)
NRS 451.695 Disposition of cremated remains: Responsibility; operator of crematory.
1. Except as otherwise provided in subsection 2:
(a) The agent who orders cremation is responsible for the disposition of cremated remains. If within 30 days after cremation the person named in the authorization has not claimed the cremated remains and no other disposition is specified in the authorization, the operator of a crematory may place the vessel containing the cremated remains in a common compartment with other unclaimed cremated remains. The operator may charge a fee for storage when the cremated remains are claimed.
(b) If within 2 years after cremation the agent has not claimed the cremated remains or specified their ultimate disposition, the operator may dispose of the cremated remains in any manner not prohibited by NRS 451.700. The agent is liable to the operator for all reasonable expenses of disposition.
2. If cremation was ordered pursuant to subsection 6 of NRS 451.024:
(a) The operator may dispose of the cremated remains in any manner not prohibited by NRS 451.700, if the cremated remains are not claimed by the agent within 1 year after cremation.
(b) The operator has a claim against the estate of the decedent for the reasonable expenses of the disposition if those expenses are not paid by the State or a political subdivision of the State.
(c) The operator shall not charge a public officer a fee for storage of the cremated remains.
3. An operator who complies with subsection 1 or 2, or both, has no further legal liability concerning the cremated remains so treated.
(Added to NRS by 1993, 2605; A 1997, 2580; 2015, 1970)
NRS 451.700 Disposition of cremated remains: Restrictions on manner and location.
1. Except as otherwise provided in subsection 2 or authorized by the agent who ordered the cremation, no person may:
(a) Scatter cremated remains in such a manner or location that the remains are commingled with those of another person; or
(b) Place the cremated remains of more than one person in the same urn unless the persons are friends or members of the same family and the urn is designed for the remains of more than one person.
2. Cremated remains may be scattered at sea or over a public waterway, or by air, from individual closed vessels, or scattered in an area of a dedicated cemetery from which there is no means of location or recovery and which is used exclusively for this purpose.
3. Cremated remains may be disposed of in any manner upon private property if the agent who ordered the cremation so directs and the owner of the property consents in writing.
4. Cremated remains for disposition pursuant to subsection 2 or 3, except soil resulting from natural organic reduction, must be, and any other cremated remains may be, reduced to particles no larger than 1/8 of an inch.
(Added to NRS by 1993, 2605; A 2023, 418)
NRS 451.705 Effect of execution of order for cremation; liability for article of value delivered with remains.
1. The signer of an order for the cremation of human remains warrants the truth of the facts set forth in the order, including the identity of the person whose remains are to be cremated, and his or her own authority to order cremation. The signer is personally liable for any damage resulting from the falsity of a warranted fact or from his or her lack of authority.
2. The operator of a crematory may cremate human remains upon receipt of an order signed by the agent. The operator has no liability for cremating the remains or releasing the cremated remains pursuant to the order.
3. The operator of a crematory is not liable for any article of value delivered with human remains.
(Added to NRS by 1993, 2606)
NRS 451.710 Refusal to accept or cremate remains or to release cremated remains pending resolution of dispute.
1. The operator of a crematory incurs no liability by refusing to accept or to cremate human remains until the operator receives a court order or other suitable confirmation that a dispute has been settled:
(a) If the operator is aware of a dispute concerning cremation of the remains;
(b) If the operator has a reasonable basis for questioning any of the representations made by the agent; or
(c) For any other lawful reason.
2. If the operator of a crematory is aware of a dispute concerning the release or disposition of cremated human remains, the operator may refuse to release the remains until the dispute has been resolved or the operator receives 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 Unlawful acts; abatement of unlawful crematory as public nuisance.
1. It is unlawful for any person to:
(a) Hold himself or herself out to the public as the operator of a crematory without being licensed pursuant to NRS 451.635;
(b) Sign an order for cremation knowing that the order contains incorrect information; or
(c) Violate any other provision of NRS 451.600 to 451.715, inclusive, any regulation adopted pursuant thereto or any order of the Nevada Funeral and Cemetery Services Board.
2. It is unlawful for the operator of a crematory to perform a cremation without an order signed by a person authorized to order the cremation pursuant to NRS 451.024 or 451.655.
3. If a crematory is operated in this State in violation of any provision of NRS 451.600 to 451.715, inclusive, any regulation adopted pursuant thereto or any order of the Nevada Funeral and Cemetery Services Board, the crematory is a public nuisance and may be abated as such.
(Added to NRS by 1993, 2606; A 1995, 715; 2003, 1280; 2015, 1971; 2017, 2738; 2023, 419)