Nevada Revised Statutes 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.
Terms Used In Nevada Revised Statutes 451.008
- Donor: The person who makes a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
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 Organ-sustaining treatment must not be withheld or withdrawn from a person determined to be dead pursuant to paragraph (b) of subsection 1 of NRS 451.007 who is known to the attending physician to be: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.