Nev. Rev. Stat. § 451.008

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 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 Organ-sustaining treatment must not be withheld or withdrawn from a person determined to be dead pursuant to paragraph (b) of subsection 1 of NRS 451.007 who is known to the attending physician to be: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.

NRS 451.008

Added to NRS by 2017, 1728
Added by 2017, Ch. 315,§1, eff. 10/1/2017.