AB 424 — Revises provisions governing the determination of death. (BDR 40-1025)

(ReprintedAssembly withBill amendmentsNo. adopted on May 22, 2017) SECOND REPRINT A.B.

424424–Assemblyman ASSEMBLYSprinkle BILLCHAPTER.......... NO .

424–ASSEMBLYMAN SPRINKLE M ARCH 27, 2017 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing the determination of death.

(BDR 40-1025) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

requiring reasonable efforts to be made to inform the family or authorized representative of a person declared brain dead regarding the determination and the potential costs of continuing the administration of organ-sustainingorgan- sustaining treatment on the person;

Existing law provides that a person is dead if it is determined that the person has either sustained irreversible cessation of:

(1) circulatory and respiratorysonrespiratory functions;

Existing law further provides that such a determination must be made in accordance with accepted medical standards.

Determining Brain AcademyDeath ofin Neurology,”Adults: published by the American Academy of Neurology, orican subsequent revisions approved by the Academy;

orReport (2)of “Guidelinesthe forQuality Standards Subcommittee of the DeterminationAmerican Academy of BrainNeurology,” Deathpublished inby Infantsthe andAmerican Children:Academy of Neurology, or subsequent revisions approved by the Academy;

Anor Update(2) of“Guidelines for the 1987 Task Force Recommendations,” published by the Pediatric Section of the Society ofofTask Critical Care Medicine or subsequent revisions approved by the Pediatric Section.

Section 1 of this bill provides that consent from the person’s authorized representative or authorized family member is not required to make a determination of brain death.

Section 1 prohibits the withdrawal of organ-sustaining treatmentontreatment from a person determined to be brain dead if that person:

(1) is pregnant and it is probable that the pregnancy will result in a live birth with continued use of -(1) *AB424_R2*after –a 2person –is organ-sustainingdeclared treatment;brain dead, reasonable efforts must be made to inform the person’s family or authorized representative of such determination;

orand (2) isthe anhealth organcare donor.facility inform the person’s family or authorized representative that the cost for continued administration of organ-sustaining treatment for the person declared brain dead may become the responsibility of the person’s estate or family.

SectionEXPLANATION 1– alsoMatter requiresin that:bolded italics is new;

(1)matter afterbetween abrackets person[omitted material] is declaredmaterial brainto dead, reasonable efforts must be madeomitted. to inform health care facility inform the person’s family or authorized representative that the cost for continued administration of organ-sustaining treatment for the person declared brain dead may become the responsibility of the person’s estate or family.

THE PEOPLEPSENATE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

IN Section 1.

A determination of the death of a person made pursuant to paragraph (b) of subsection 1 of NRS 451.007 is a clinical - 79th Session (2017) – 2 – 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.

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:

(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 - *AB424_R2* – 3 – that serves only to prolong the viability of the organs of the person or a fetus carried by the person.

This section may be cited as the Uniform Determination of Death Act and] - 79th Session (2017) – 3 – (b) Paragraph (b) of subsection 1 must be [applied and construed to carry out its general purpose which is to make uniform among the states which enact it the law regarding the determination of death.] made in accordance with the applicable guidelines set forth in:(1) “Evidence-based Guideline Update:

(1) “Evidence-based Guideline Update:

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.

H~~~~~ 17 - *AB424_R2*79th Session (2017)