[Rev. 11/21/2013 11:54:11 AM--2013]

CHAPTER 460 - HUMAN BLOOD, BLOOD PRODUCTS AND BODY PARTS

GENERAL PROVISIONS

NRS 460.010           Procurement, processing, distribution or use of certain body parts or products constitutes service; no implied warranties; limited liability.

NRS 460.020           Identifying data concerning person with history of viral hepatitis may be furnished to blood bank; confidentiality and unlawful use of data; penalty.

NRS 460.030           Persons who store or transfuse products made from blood: Records of receipt and disposition; tests; equipment.

NRS 460.040           Minimum age for donation with and without consent of parent or guardian.

ANATOMICAL GIFTS; POWERS AND DUTIES OF BUREAU OF CONSUMER PROTECTION

NRS 460.100           Definitions.

NRS 460.110           “Anatomical gift” defined.

NRS 460.133           “Dean” defined.

NRS 460.139           “School of Medicine” defined.

NRS 460.140           Duties of School of Medicine; “donor” defined.

NRS 460.150           Gifts, grants, appropriations and donations: Authority of School of Medicine; Anatomical Gift Account; disposition of money and claims.

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GENERAL PROVISIONS

      NRS 460.010  Procurement, processing, distribution or use of certain body parts or products constitutes service; no implied warranties; limited liability.  The procurement, processing, distribution or use of any:

      1.  Whole human blood, plasma, blood product or blood derivative for the purpose of injection or transfusion; or

      2.  Tissue or organ for the purpose of transplantation,

Ê into the human body constitutes, as to the transmission of infectious disease, the rendition of a service and not a sale by every person participating therein, and no implied warranty of merchantability or fitness, nor any doctrine of liability other than negligence or willful misconduct, applies to the service.

      (Added to NRS by 1967, 1381; A 1971, 250; 1985, 1469; 1989, 60)

      NRS 460.020  Identifying data concerning person with history of viral hepatitis may be furnished to blood bank; confidentiality and unlawful use of data; penalty.

      1.  The State Board of Health, the Chief Medical Officer and any health authority, as defined in NRS 439.005, may disseminate to any blood bank in the State of Nevada identifying data concerning any person with a history of viral hepatitis.

      2.  The State Board of Health shall, pursuant to NRS 441A.120, adopt regulations specifying the identifying data to be disseminated to blood banks pursuant to subsection 1.

      3.  Any identifying data received by a blood bank pursuant to this section is confidential and may be used only for screening prospective blood donors.

      4.  Any person who has access to identifying data disseminated to a blood bank pursuant to this section and who divulges or uses such information in any manner except to screen prospective blood donors is guilty of a misdemeanor.

      (Added to NRS by 1975, 128; A 1989, 300)

      NRS 460.030  Persons who store or transfuse products made from blood: Records of receipt and disposition; tests; equipment.  Any physician, hospital, clinic, surgical center for ambulatory patients or other organization that stores or transfuses products made from blood shall:

      1.  Maintain records of all serological tests and the receipt and disposition of products made from blood in accordance with applicable standards for laboratories published by the American Association of Blood Banks, in the form most recently published before January 1, 1983;

      2.  Test for compatibility and blood grouping; and

      3.  Be equipped with a refrigerator which regulates its own temperature and warns of failure to maintain the prescribed temperature.

      (Added to NRS by 1983, 599; A 1985, 1753)

      NRS 460.040  Minimum age for donation with and without consent of parent or guardian.

      1.  Any person who is 16 years of age may donate his or her blood with the consent of his or her parent or guardian.

      2.  Any person who is 17 years of age or older may donate his or her blood without the consent of his or her parent or guardian.

      (Added to NRS by 1983, 599; A 2013, 448)

ANATOMICAL GIFTS; POWERS AND DUTIES OF BUREAU OF CONSUMER PROTECTION

      NRS 460.100  Definitions.  As used in NRS 460.100 to 460.150, inclusive, unless the context otherwise requires, the words and terms defined in NRS 460.110, 460.133 and 460.139 have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 680; A 2005, 243)

      NRS 460.110  “Anatomical gift” defined.  “Anatomical gift” has the meaning ascribed to it in NRS 451.513.

      (Added to NRS by 2001, 680)

      NRS 460.133  “Dean” defined.  “Dean” means the Dean of the School of Medicine or the Dean’s designee.

      (Added to NRS by 2005, 243)

      NRS 460.139  “School of Medicine” defined.  “School of Medicine” means the University of Nevada School of Medicine.

      (Added to NRS by 2005, 243)

      NRS 460.140  Duties of School of Medicine; “donor” defined.

      1.  The School of Medicine shall:

      (a) Establish and carry out educational programs relating to anatomical gifts;

      (b) Establish and carry out local and statewide programs to acknowledge publicly families of donors;

      (c) Prepare and distribute information relating to anatomical gifts; and

      (d) If the Dean determines that there is sufficient money in the Anatomical Gift Account created by NRS 460.150, pay the costs for the transplantation of an organ or tissue, including the cost for any medicine required as a result of the transplantation.

      2.  As used in this section, “donor” has the meaning ascribed to it in NRS 451.525.

      (Added to NRS by 2001, 680; A 2005, 244)

      NRS 460.150  Gifts, grants, appropriations and donations: Authority of School of Medicine; Anatomical Gift Account; disposition of money and claims.

      1.  The School of Medicine may apply for and accept any gifts, grants, appropriations or donations to assist the School of Medicine in carrying out programs relating to anatomical gifts.

      2.  Any money received by the School of Medicine for programs relating to anatomical gifts must be deposited in the State Treasury for credit to the Anatomical Gift Account which is hereby created in the State General Fund. The Dean shall administer the Account.

      3.  The money in the Account must only be used to:

      (a) Carry out the provisions of NRS 460.140; and

      (b) Pay the costs incurred by the School of Medicine to administer programs relating to anatomical gifts. The total amount paid pursuant to this paragraph in any one fiscal year must not exceed 20 percent of the average balance of the Account for the immediately preceding fiscal year.

      4.  The money in the Account must:

      (a) Be invested as money in other state accounts is invested; and

      (b) Remain in the Account and does not revert to the State General Fund at the end of any fiscal year.

      5.  Each claim against the Account must be:

      (a) Approved by the Dean before the claim is paid; and

      (b) Paid as other claims against the State are paid.

      (Added to NRS by 2001, 680; A 2005, 244; 2007, 49)