[Rev. 9/25/2018 1:56:05 PM]

[NAC-451 Revised Date: 9-18]

CHAPTER 451 - DEAD BODIES

GENERAL PROVISIONS

451.001              Definitions.

451.002              “Cremation” defined.

451.003              “Crematory” defined.

451.004              “Direct cremation facility” defined.

451.005              “Embalmer” defined.

451.006              “Funeral director” defined.

451.007              “Funeral establishment” defined.

451.008              “Cremation of human remains” interpreted.

451.009              “Physically operating the crematory equipment” interpreted.

PRESERVATION

451.010              Embalming.

451.015              Maintenance of dead body; exceptions.

451.020              Severability.

CREMATION

451.050              Written authorization: Allowance of person to witness cremation; allowance of simultaneous cremation of remains of two or more persons.

451.070              Duties of operator of crematory, funeral establishment or direct cremation facility related to cremation.

TRANSPORTATION

451.100              Transportation by common carrier, agencies or other persons.

451.110              Bodies subject to trauma or disinterred more than 30 days after burial.

451.120              Transportation by funeral directors or embalmers.

451.130              Burial-transit permits.

451.140              Responsibility of Division of Public and Behavioral Health.

MISCELLANEOUS PROVISIONS

451.200              Maintenance of records.

 

 

 

GENERAL PROVISIONS

     NAC 451.001  Definitions. (NRS 451.640, 452.026, 642.063)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 451.002 to 451.007, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)

     NAC 451.002  “Cremation” defined. (NRS 451.640, 452.026, 642.063)  “Cremation” has the meaning ascribed to it in NRS 451.617.

     (Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)

     NAC 451.003  “Crematory” defined. (NRS 451.640, 452.026, 642.063)  “Crematory” has the meaning ascribed to it in NRS 642.012.

     (Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)

     NAC 451.004  “Direct cremation facility” defined. (NRS 451.640, 452.026, 642.063)  “Direct cremation facility” has the meaning ascribed to it in NRS 642.0135.

     (Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)

     NAC 451.005  “Embalmer” defined. (NRS 451.640, 452.026, 642.063)  “Embalmer” means a person who is licensed as an embalmer pursuant to chapter 642 of NRS.

     (Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)

     NAC 451.006  “Funeral director” defined. (NRS 451.640, 452.026, 642.063)  “Funeral director” has the meaning ascribed to it in NRS 642.015.

     (Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)

     NAC 451.007  “Funeral establishment” defined. (NRS 451.640, 452.026, 642.063)  “Funeral establishment” has the meaning ascribed to it in NRS 642.016.

     (Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)

     NAC 451.008  “Cremation of human remains” interpreted. (NRS 451.640, 452.026, 642.063)

     1.  For the purposes of NRS 451.680, the Nevada Funeral and Cemetery Services Board interprets the phrase “cremation of human remains” to include:

     (a) The container, unless incinerating the container is prohibited pursuant to subsection 3 of NRS 451.670;

     (b) The personal effects of the deceased person; and

     (c) A negligible amount of chlorinated plastic which may be attached to or accompanying the human remains.

     2.  As used in this section:

     (a) “Container” has the meaning ascribed to it in NRS 451.615; and

     (b) “Human remains” has the meaning ascribed to it in NRS 451.620.

     (Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)

     NAC 451.009  “Physically operating the crematory equipment” interpreted. (NRS 451.640, 452.026, 642.063)  For the purposes of NRS 451.635, the Nevada Funeral and Cemetery Services Board interprets the phrase “physically operating the crematory equipment” to mean:

     1.  Starting the crematory equipment;

     2.  Loading the chamber;

     3.  Sweeping the chamber; and

     4.  Processing human remains, including the initial placement of the human remains into temporary urns.

     (Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)

PRESERVATION

     NAC 451.010  Embalming. (NRS 439.200)

     1.  At the direction of a physician, licensed to practice medicine in Nevada, who was last in attendance on a person known or suspected to have died of a communicable disease, or of any coroner or health officer who has knowledge or suspects that a person has died of a communicable disease in his or her jurisdiction, the funeral director shall embalm the dead body as soon as possible.

     2.  In a case where an autopsy or other medical examination is required, embalming must not be performed until authorized by the physician, coroner or health officer having jurisdiction over the body.

     3.  If a dead body has not been disposed of or otherwise preserved within 18 hours after the time of death, the facility must, in the interest of public health, take such steps as may be reasonably necessary to preserve the dead body or may store the dead body in a sealed container.

     [Bd. of Health, Disposition of Dead Bodies Reg. Art. I, eff. 4-21-78]

     NAC 451.015  Maintenance of dead body; exceptions. (NRS 451.640, 452.026, 642.063)

     1.  Except as otherwise provided in this section and NAC 451.010, the operator of a crematory, funeral establishment or direct cremation facility shall ensure that each dead body of a human being is embalmed or refrigerated at a temperature of not more than 48 degrees Fahrenheit within 24 hours after the operator receives the human remains.

     2.  Except as otherwise provided in subsection 3, a funeral director, embalmer or another person assisting in the preparation of human remains for final disposition may delay the refrigeration of or remove the human remains from refrigeration for identification viewing and for the following activities:

     (a) Embalming the human remains;

     (b) Transporting the human remains;

     (c) Cremating or burying the human remains;

     (d) Washing, anointing, clothing, praying over, viewing or otherwise accompanying the unembalmed human remains, for a period of time not to exceed 8 consecutive hours, by a person acting according to the directions of the decedent or a person having the right to control the disposition of the human remains of the deceased person; or

     (e) Any other activity approved by the local health officer after evaluating the specific circumstances, the need to protect the public health and the recognition of religious beliefs.

     3.  A funeral director, embalmer or another person assisting in the preparation of human remains for final disposition shall not delay the refrigeration of or remove the human remains from refrigeration for identification viewing or an activity set forth in paragraph (d) of subsection 2 if he or she is informed by a local health officer or medical examiner that doing so would pose a direct threat to human health.

     4.  Nothing in this section restricts the authority of a coroner or medical examiner concerning human remains that are under the jurisdiction of the coroner or medical examiner.

     5.  As used in this section, “identification viewing” means the viewing of human remains for identification purposes, for a period of time not to exceed 1 hour, by a person who is potentially capable of identifying the human remains.

     (Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)

     NAC 451.020  Severability. (NRS 439.200)  If any provision of NAC 451.010 is declared unconstitutional or invalid for any reason, the remainder of its provisions are not affected thereby.

     [Bd. of Health, Disposition of Dead Bodies Reg. Art. II, eff. 4-21-78]

CREMATION

     NAC 451.050  Written authorization: Allowance of person to witness cremation; allowance of simultaneous cremation of remains of two or more persons. (NRS 451.640, 451.685, 642.063)

     1.  Before an operator of a crematory allows:

     (a) A person to witness a cremation, the operator shall obtain, on a form provided by the crematory, written authorization from a person authorized pursuant to NRS 451.650 to order the cremation of human remains.

     (b) The remains of two or more persons to be simultaneously cremated in the same chamber, the operator shall obtain, on a form provided by the crematory, written authorization from the agent of each person whose remains are to be simultaneously cremated.

     2.  A form required pursuant to subsection 1 must:

     (a) Be written in language that is easily understood;

     (b) Include a clear explanation of the purpose of the form; and

     (c) Be maintained by an operator of a crematory for 1 year after the cremation of the remains of a person.

     3.  Any failure by the operator of a crematory to maintain the written documentation required by paragraph (c) of subsection 2 is a violation of this chapter.

     (Added to NAC by Funeral Bd. by R043-02, 11-26-2003)

     NAC 451.070  Duties of operator of crematory, funeral establishment or direct cremation facility related to cremation. (NRS 451.640, 452.026, 642.063)  The operator of a crematory, funeral establishment or direct cremation facility shall ensure that:

     1.  Any human remains awaiting cremation are properly identified at all times.

     2.  The identity of the human remains is maintained throughout the entire cremation process.

     3.  The identifying document or label for the urn referred to in NRS 451.680 is affixed to the urn in a secure manner.

     (Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)

TRANSPORTATION

     NAC 451.100  Transportation by common carrier, agencies or other persons. (NRS 439.200)

     1.  The bodies of persons who have died from any cause must not be received for transportation by a common carrier or transported by agencies or other persons authorized to carry human bodies unless the body has been embalmed and prepared by an embalmer licensed under the laws of Nevada.

     2.  The bodies of persons who have died from any cause must not be received for transportation by a common carrier unless the body is placed in a sound casket and enclosed in a transportation case adequate to prevent the seepage of fluids and the escape of offensive odors.

     [Bd. of Health, Transportation of Dead Bodies Reg. § 1, eff. 3-15-66]

     NAC 451.110  Bodies subject to trauma or disinterred more than 30 days after burial. (NRS 439.200)  The body of a person, or the remains of the body of a person, whose death was caused by a severe trauma, or the remains of a human dead body in which decomposition has occurred and in which either the effects of the trauma or decomposition prohibit normal embalming and preparation procedures or a body disinterred more than 30 days after burial may be transported only:

     1.  In a sealed casket enclosed in a transportation case;

     2.  In a sound casket with a sealed inner liner enclosed in a transportation case; or

     3.  In a sound casket encased in a sealed transportation case.

     [Bd. of Health, Transportation of Dead Bodies Reg. § 2, eff. 3-15-66]

     NAC 451.120  Transportation by funeral directors or embalmers. (NRS 439.200)  Nothing in NAC 451.100 to 451.140, inclusive, prohibits or limits in any respect the transportation of dead human bodies within Nevada by licensed funeral directors or embalmers in properly licensed motor vehicles or aircraft owned, operated, chartered or leased by licensed funeral directors or mortuaries, nor prohibits the transportation of embalmed bodies within Nevada by relatives or other authorized persons.

     [Bd. of Health, Transportation of Dead Bodies Reg. § 4, eff. 3-15-66]

     NAC 451.130  Burial-transit permits. (NRS 439.200)

     1.  When bodies are shipped by common carrier or transported by an agency or by any other person authorized to carry human bodies, a burial-transit permit must be made out in duplicate.

     2.  One copy of the burial-transit permit must accompany the body. The duplicate copy of the permit must be attached to and accompany the waybill covering the remains, and be delivered with the body at the point of destination to the person to whom it is consigned.

     [Bd. of Health, Transportation of Dead Bodies Reg. § 3, eff. 3-15-66]

     NAC 451.140  Responsibility of Division of Public and Behavioral Health. (NRS 439.200)  Nothing in NAC 451.100 to 451.140, inclusive, makes the Division of Public and Behavioral Health of the Department of Health and Human Services responsible for any financial obligations incurred by the fulfillment of those sections, except as provided by law.

     [Bd. of Health, Transportation of Dead Bodies Reg. § 5, eff. 3-15-66]

MISCELLANEOUS PROVISIONS

     NAC 451.200  Maintenance of records. (NRS 451.640, 452.026, 642.063)

     1.  The records required to be kept pursuant to NRS 451.665 by the operator of a crematory, funeral establishment or direct cremation facility must be maintained for at least 7 years.

     2.  The maintenance of such records in a digital format satisfies the requirements of subsection 1.

     (Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)