SB 387 — Revises provisions relating to anatomical gifts. (BDR 40-882)

REQUIRESSenate TWO-THIRDSBill MAJORITYNo. VOTE (§ 1) (Reprinted with amendments adopted on May 20, 2019) SECOND REPRINT S.B.

387387–Senators SENATEKieckhefer BILLand NORatti .CHAPTER..........

387–SENATORS KIECKHEFER AND R ATTI M ARCH 20, 2019 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to anatomical gifts.

(BDR 40-882) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law generally provides for the making of anatomical gifts and for the procurement of human organs, tissues and eyes by certain organizations.

(NRSr(NRS the 451.500-451.598) Section 1 of this bill requires each nontransplant anatomical donation organization in this State to be certified by the Division of Public and Behavioral Health of the Department of Health and Human Services, follow certain standards and guidelines established by the State Board of Health and reportreporttain information relating to the human bodies and parts procured by the organization to State Board of Health to be substantially based upon federal and state laws and the bestDivision. standards and practices in the industry and requires the State Board of Health to seek the input of procurement organizations and nontransplant anatomical donation organizations in this State before establishing or revising such standards and guidelines.

Section 1 also requires the Divisionstandards and guidelines established by the State Board of Health to makebe certainsubstantially informationbased regardingupon thefederal humanand bodiesstate laws and partsthe collectedbest bystandards nontransplantand anatomicalpractices in the industry and torequires monitorthe allState nontransplantBoard anatomicalof Health donation organizations forin compliancethis withState federalbefore andestablishing stateor lawsrevising such standards and regulations.guidelines.

Section 1 also requires the Division to make certain information regarding the human bodies and parts collected by nontransplant anatomical donation organizations available to the Governor and the Legislature upon request and to monitor all nontransplant anatomical donation organizations for compliance with federal and state laws and regulations.

-EXPLANATION *SB387_R2* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

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

- 80th Session (2019) – 2 – (a) Adopt regulations that establish standards and guidelines for nontransplant anatomical donation organizations which must be substantially based upon federal laws and regulations relating to the procurement of human bodies and parts, this section and NRS 451.500 to 451.598, inclusive, and the best standards and practices in the industry;

andive, and the best standards and (b) Adopt any regulations necessary to carry out the provisions of this section, including, without limitation, regulations that establish a fee for an application for the issuance or renewal of a certification as a nontransplant anatomical donation organization.

(a) Collect and analyze information from each nontransplant anatomical donation organization in this State on the number and disposition of human bodies and parts procured by the number and nontransplant anatomical donation organization and make such information available to the Governor and the Legislature upon request;

A person who engages in the activity of a nontransplant anatomical donation organization without being certified by the Division pursuant to this section or who violates the standards and guidelines adopted by the State Board of Health pursuant to subsection 2 is guilty of a category C felony and shall be punished as provided in NRS 193.130, or by a fine of not more than - *SB387_R2* – 3 – $50,000, or by both fine and the punishment provided in NRS 193.130.

- 80th Session (2019) – 3 – Sec.

451.510 NAs used in NRS 451.500 to 451.598, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 451.511 to 451.5545, inclusive, have the meanings ascribed to them in those sections.

3.

NRS 451.510 is hereby amended to read as follows:

451.510 As used in NRS 451.500 to 451.598, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 451.511 to 451.5545, inclusive, have the meanings ascribed to them in those sections.

Sec.

A document of gift is valid if executed in accordanceacc(a) with:The provisions of NRS 451.500 to 451.598, inclusive [;] , and section 1 of this act;

(a) The provisions of NRS 451.500 to 451.598, inclusive [;] , and section 1 of this act;

- *SB387_R2* – 4 – 2.

A person shall not create or maintain a donor registry unless the donor registry complies with the provisions of - 80th Session (2019) – 4 – NRS 451.500 to 451.598, inclusive, and section 1 of this act and all other applicable provisions of federal and state law.

(a) Allow a donor or other person authorized under NRS 451.556the donor has made, amended or revoked an anatomical gift;mbol that (b) Be accessible to includea procurement organization to allow it to obtain relevant information on the donor registry ato statementdetermine, at or symbolnear thatdeath of the donor or a prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift;

(b) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift;

H~~~~~ 19 - *SB387_R2*80th Session (2019)