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Organ-sustaining treatment must not be withheld or withdrawn from a person determined to be dead pursuant to paragraph (b) of subsection 1 of NRS 451.007 who is known to the attending physician to be: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.
MISCELLANEOUS PROVISIONS

Source: Section 451.008 — Consent not required for determination; prohibition on withholding or withdrawal of organ-sustaining treatment in certain circumstances; notice., https://www.­leg.­state.­nv.­us/NRS/NRS-451.­html#NRS451Sec008.

Last Updated

Jun. 24, 2021

§ 451.008’s source at nv​.us