Identification of potential donors: Policies and procedures; search for and notification of information; administrative sanctions.
1. Every hospital shall establish policies and procedures to identify potential donors. The policies and procedures must require the administrator of the hospital or his representative:
(a) To determine whether a person is a donor.
(b) If the person is not a donor, to determine if the person is a potential donor including the consideration of:
(1) His religious and cultural beliefs; and
(2) The suitability of his organs and tissues for donation.
(c) At or near the time of death of a person identified as a potential donor, to request the person designated in subsection 1 of NRS 451.557, in the stated order of priority if persons in a prior class are not available, to consent to the gift of all or any part of the decedent’s body as an anatomical gift.
(d) If he has actual knowledge of a contrary intent of the decedent or opposition by a person in the same class as or a prior class than a person who has consented to an anatomical gift, not to procure an anatomical gift.
(e) If an anatomical gift is made, to notify an organization which procures organs and tissues and cooperate in the procurement of the anatomical gift.
2. The following persons shall make a reasonable search for a document of gift or other information identifying the bearer as a donor or as a person who has refused to make an anatomical gift:
(a) A law enforcement officer, fireman, emergency medical technician or other emergency rescuer finding a person who the searcher believes is dead or near death; and
(b) A hospital, upon the admission of a person at or near the time of death,
Ê if there is not immediately available any other source of that information.
3. If a document of gift or evidence of refusal to make an anatomical gift is located by the search required by paragraph (a) of subsection 2, and the person or body to whom it relates is taken to a hospital, the hospital must be notified of the contents and the document or other evidence must be sent to the hospital.
4. If, at or near the time of death of a patient, a hospital knows that an anatomical gift has been made pursuant to subsection 1 of NRS 451.557 or that a patient or a person identified as in transit to the hospital is a donor, the hospital shall notify the donee if one is named and known to the hospital, or if not, it shall notify an appropriate procurement organization. The hospital shall cooperate in the implementation of the anatomical gift or release and removal of a part.
5. A person who fails to discharge the duties imposed by this section is not subject to criminal or civil liability but is subject to appropriate administrative sanctions.
Last modified: February 26, 2006