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2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.562 - Preclusive effect of anatomical gift, amendment or revocation.

1. Subject to the provisions of subsections 6 and 7, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under NRS 451.558 or an amendment to an anatomical gift of the donor’s body or part under NRS 451.559.
2. A donor’s revocation of an anatomical gift of the donor’s body or part under NRS 451.559 is not a refusal and does not bar another person specified in NRS 451.556 or 451.566 from making an anatomical gift of the donor’s body or part under NRS 451.558 or 451.568.
3. If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under NRS 451.558 or an amendment to an anatomical gift of the donor’s body or part under NRS 451.559, another person may not make, amend or revoke the gift of the donor’s body or part under NRS 451.568.
4. A revocation of an anatomical gift of a donor’s body or part under NRS 451.559 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under NRS 451.558 or 451.568.
5. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under NRS 451.556, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
6. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under NRS 451.556, an anatomical gift of a part for one or more of the purposes set forth in NRS 451.556 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under NRS 451.558 or 451.568.
7. Except as otherwise provided in NRS 451.558, if a donor who is an unemancipated minor dies, a parent or guardian of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.
8. If an unemancipated minor who signed a refusal dies, a parent or guardian of the minor who is reasonably available may revoke the minor’s refusal.
(Added to NRS by 2007, 784; A 2013, 436)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.568 - Manner of making, amending or revoking anatomical gift of body or part of decedent.

1. A person authorized to make an anatomical gift under NRS 451.566 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the natural person receiving the oral communication.
2. Subject to subsection 3, an anatomical gift by a person authorized under NRS 451.566 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under NRS 451.566 may be:
(a) Amended only if a majority of the reasonably available members agree to the amending of the gift; or
(b) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
3. A revocation under subsection 2 is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital or physician or technician knows of the revocation.
(Added to NRS by 2007, 785)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.569 - Release of body or part upon request from procurement organization; requirements; immunity of coroner or medical examiner from liability.

1. For the purpose of transplantation only, upon a determination of brain death pursuant to paragraph (b) of subsection 1 of NRS 451.007, the coroner or medical examiner may release and authorize the removal of a decedent’s body or part that is in the custody of the coroner or medical examiner if:
(a) The coroner or medical examiner has received a request from a procurement organization;
(b) The body or part is the subject of a valid anatomical gift;
(c) The coroner or medical examiner has no evidence of the decedent having communicated a desire that his or her body or part not become anatomical gifts, including, without limitation, through a refusal that has not been revoked;
(d) The procurement organization demonstrates to the satisfaction of the coroner or medical examiner that the procurement organization has made a reasonable effort pursuant to subsection 3 to determine whether any person described in subsection 1 of NRS 451.566 is reasonably available; and
(e) No person described in subsection 1 of NRS 451.566 who is reasonably available objects to the making of an anatomical gift.
2. A coroner or medical examiner is immune from civil or criminal liability for any act or omission performed in accordance with the provisions of this section.
3. Except in the case where the useful life of the body or part does not permit, a reasonable effort shall be deemed to have been made to determine whether any person described in subsection 1 of NRS 451.566 is reasonably available if a search for such persons has been underway for at least 12 hours. Such a search must include, without limitation:
(a) A check of any records of missing persons maintained by local law enforcement agencies and the National Crime Information Center;
(b) An examination of any personal effects of the decedent; and
(c) In order to obtain information that might lead to the location of any persons described in subsection 1 of NRS 451.566, the questioning of any persons known to have:
(1) Visited the decedent:
(I) Within the month before his or her death; or
(II) In a medical facility where the decedent was receiving care for the condition that caused his or her death;
(2) Accompanied the body of the decedent; or
(3) Reported the death.
4. As used in this section:
(a) "Local law enforcement agency" means the sheriff’s office of a county, a metropolitan police department or a police department of an incorporated city.
(b) "Medical facility" has the meaning ascribed to it in NRS 449.0151.
(Added to NRS by 2023, 1112)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.572 - Search and notification.

1. The following persons shall make a reasonable search of a natural person who the person reasonably believes is dead or near death for a document of gift or other information identifying the natural person as a donor or as a natural person who made a refusal:
(a) A law enforcement officer, firefighter, paramedic or other emergency rescuer finding the natural person; and
(b) If no other source of the information is immediately available, a hospital, as soon as practical after the natural person’s arrival at the hospital.
2. If a document of gift or a refusal to make an anatomical gift is located by the search required by paragraph (a) of subsection 1 and the natural person or deceased natural person to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
3. A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
(Added to NRS by 2007, 787)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.578 - Delivery of document of gift not required; right to examine.

1. A document of gift need not be delivered during the donor’s lifetime to be effective.
2. Upon or after a natural person’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the natural person shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the natural person or by a person to which the gift could pass under NRS 451.571.
(Added to NRS by 2007, 788)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.587 - Nontransplant anatomical donation organizations: Certification; standards and guidelines; fee for application for issuance or renewal of certificate; duties of Division; penalty.

1. Each nontransplant anatomical donation organization that procures a human body or part in this State shall:
(a) Be certified by the Division;
(b) Follow the standards and guidelines established by the State Board of Health pursuant to subsection 2; and
(c) Report to the Division, in a manner and frequency prescribed by the State Board of Health, the number and disposition of human bodies or parts procured by the nontransplant anatomical donation organization.
2. The State Board of Health shall:
(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, NRS 451.500 to 451.598, inclusive, and the best standards and practices in the industry; 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.
3. Before adopting or amending any regulation pursuant to subsection 2, the State Board of Health shall seek input from each procurement organization and nontransplant anatomical donation organization in this State.
4. The Division shall:
(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 nontransplant anatomical donation organization and make such information available to the Governor and the Legislature upon request; and
(b) Monitor all nontransplant anatomical donation organizations in this State for compliance with federal and state laws and regulations.
5. 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 $50,000, or by both fine and the punishment provided in NRS 193.130.
6. As used in this section:
(a) "Division" means the Division of Public and Behavioral Health of the Department of Health and Human Services.
(b) "Nontransplant anatomical donation organization" means a person who engages in the recovery, screening, testing, processing, storage or distribution of human bodies or parts for a purpose other than transplantation, including, without limitation, education, research or the advancement of medical, dental or mortuary science.
(Added to NRS by 2019, 2765)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.590 - Sale or purchase of parts prohibited; penalties.

1. Except as otherwise provided in subsection 2, a person shall not knowingly, for valuable consideration, purchase or sell a part of a natural person for transplantation or therapy if removal of the part from the natural person is or was intended to occur after the natural person’s death.
2. A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation or disposal of a part.
3. A person who violates this section 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 $50,000, or by both fine and the punishment provided in NRS 193.130.
(Added to NRS by 1989, 432; A 1995, 1280; 2007, 795)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.591 - Other prohibited acts; penalties.

1. A person shall not, in order to obtain a financial gain, intentionally falsify, forge, conceal, deface or obliterate a document of gift, an amendment or revocation of a document of gift or a refusal.
2. A person who violates this section 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 $50,000, or by both fine and the punishment provided in NRS 193.130.
(Added to NRS by 2007, 789)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.592 - Immunity.

1. A person that acts in accordance with NRS 451.500 to 451.598, inclusive, or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding.
2. Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift.
3. In determining whether an anatomical gift has been made, amended or revoked under NRS 451.500 to 451.598, inclusive, a person may rely upon representations of a natural person listed in paragraph (b), (c), (d), (e), (f), (g) or (h) of subsection 1 of NRS 451.566 relating to the natural person’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.
(Added to NRS by 2007, 789; A 2019, 2766; 2023, 1115)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.593 - Law governing validity; choice of law as to execution of document of gift; presumption of validity.

1. A document of gift is valid if executed in accordance with:
(a) The provisions of NRS 451.500 to 451.598, inclusive;
(b) The laws of the state or country where it was executed; or
(c) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.
2. If a document of gift is valid under this section, the law of this State governs the interpretation of the document of gift.
3. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
(Added to NRS by 2007, 790; A 2019, 2766; 2023, 1115)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.594 - Donor registry.

1. A person shall not create or maintain a donor registry unless the donor registry complies with the provisions of NRS 451.500 to 451.598, inclusive, and all other applicable provisions of federal and state law.
2. A donor registry must:
(a) Allow a donor or other person authorized under NRS 451.556 to include on the donor registry a statement or symbol that the 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; and
(c) Be accessible for purposes of paragraphs (a) and (b) 7 days a week on a 24-hour basis.
3. Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift.
4. This section does not apply to a donor registry that is created to contain records of anatomical gifts and amendments to or revocations of anatomical gifts of only the whole body of a donor for the purpose of research or education.
(Added to NRS by 2007, 790; A 2019, 2767)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.595 - Effect of anatomical gift on advance health-care directive.

1. As used in this section:
(a) "Advance health-care directive" means a power of attorney for health care or other record signed by a prospective donor, or executed in the manner set forth in NRS 162A.790, containing the prospective donor’s direction concerning a health-care decision for the prospective donor.
(b) "Declaration" means a record signed by a prospective donor, or executed as set forth in NRS 449A.433, specifying the circumstances under which life-sustaining treatment may be withheld or withdrawn from the prospective donor. The term includes a Provider Order for Life-Sustaining Treatment form executed pursuant to NRS 449A.500 to 449A.581, inclusive.
(c) "Health-care decision" means any decision made regarding the health care of the prospective donor.
2. If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or advance health-care directive and the express or implied terms of the potential anatomical gift are in conflict concerning the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy:
(a) The attending physician of the prospective donor shall confer with the prospective donor to resolve the conflict or, if the prospective donor is incapable of resolving the conflict, with:
(1) An agent acting under the declaration or advance health-care directive of the prospective donor; or
(2) If an agent is not named in the declaration or advance health-care directive or the agent is not reasonably available, any other person authorized by law, other than by a provision of NRS 451.500 to 451.598, inclusive, to make a health-care decision for the prospective donor.
(b) The conflict must be resolved as expeditiously as practicable.
(c) Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift of the prospective donor’s body or part under NRS 451.556.
(d) Before the resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor, if withholding or withdrawing the measures is not medically contraindicated for the appropriate treatment of the prospective donor at the end of his or her life.
(Added to NRS by 2007, 790; A 2009, 211; 2013, 2292; 2017, 464, 1773)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.596 - Cooperation between coroner and procurement organization.

1. A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education.
2. If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a postmortem examination is going to be performed, unless the coroner denies recovery in accordance with NRS 451.597, the coroner or designee shall conduct a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.
3. A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research or education unless the part is the subject of an anatomical gift or such removal is authorized or required by other law. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift or such delivery is authorized or required by law. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.
(Added to NRS by 2007, 791; A 2023, 295)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.598 - Relation to Electronic Signatures in Global and National Commerce Act.

NRS 451.500 to 451.598, inclusive, modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede Section 101(a) of that Act, 15 U.S.C. § 7001(a), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).
(Added to NRS by 2007, 793)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.600 - Definitions.

As used in NRS 451.600 to 451.715, inclusive, unless the context otherwise requires, the words and terms defined in NRS 451.605 to 451.630, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1993, 2601; A 2017, 2735; 2023, 416)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.607 - "Alkaline hydrolysis" defined.

"Alkaline hydrolysis" means the:
1. Reduction of human remains to bone fragments through a water-based process of dissolution using alkaline chemicals and agitation to accelerate natural decomposition; and
2. Processing of the hydrolyzed human remains after their removal from the container in which the process of dissolution occurs.
(Added to NRS by 2017, 2735)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.635 - Requirements for licensing of crematories and certification of persons operating crematory equipment.

1. No person may cremate human remains except in a crematory whose operator is licensed by the Nevada Funeral and Cemetery Services Board.
2. The licensed operator of a crematory shall ensure that all persons physically operating the crematory equipment have completed a crematory certification program approved by the Board and maintain proof of completion of the program at the site where the crematory equipment operated by the person is located. Such proof of completion must be made available to the Board upon request or as part of any inspection or investigation conducted by the Board.
3. Except as otherwise provided in subsection 4, if a crematory is proposed to be located in an incorporated city whose population is 60,000 or more or in an unincorporated town that is contiguous to such an incorporated city, the Board shall not issue a license to the applicant unless the proposed location of all structures associated with the crematory are:
(a) In an area which is zoned for mixed, commercial or industrial use; and
(b) At least 1,500 feet from the boundary line of any parcel zoned for residential use.
4. If a crematory proposes to cremate human remains only through alkaline hydrolysis or natural organic reduction, the Board may issue a license to the applicant regardless of the location if the board of county commissioners of the county or the governing body of the city or town, as applicable, in which the crematory is proposed to be located provides written notice to the Board consenting to the proposed location of the crematory.
5. The Board shall prescribe and furnish forms for application for licensing. An application must be in writing and contain:
(a) The name and address of the applicant and the location or proposed location of the crematory;
(b) A description of the structure and equipment to be used in operating the crematory; and
(c) Any further information that the Board may reasonably require.
6. An application must be signed by the applicant personally, by one of the partners if the applicant is a partnership, or by an authorized officer if the applicant is a corporation or other form of business organization.
7. The Board shall examine the structure and equipment and, if applicable, the location and shall issue the license if:
(a) It appears that the proposed operation will meet the requirements of NRS 451.600 to 451.715, inclusive; and
(b) The applicant has paid all fees related to the application.
8. If the ownership of a crematory is to be changed, the proposed operator shall apply for licensing at least 30 days before the change.
(Added to NRS by 1993, 2601; A 2003, 1279; 2013, 236; 2015, 1968; 2017, 2735; 2023, 416)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.637 - Operator of crematory to provide notice to certain entities concerning equipment for alkaline hydrolysis; entity that receives notice to ensure compliance with state and local requirements.

1. After obtaining a license pursuant to NRS 451.635 and at least 90 days before the operator of a crematory purchases equipment for alkaline hydrolysis for cremation, the operator must provide to the Division of Environmental Protection of the State Department of Conservation and Natural Resources and any private, public or cooperative operator of a sanitary sewer in the area in which the crematory is located written notice containing:
(a) The date on which the equipment for alkaline hydrolysis is proposed to be purchased; and
(b) A list of the equipment that is proposed to be purchased.
2. The Division and each operator of a sanitary sewer notified pursuant to subsection 1 shall ensure that the equipment which the operator proposes to purchase for alkaline hydrolysis complies with the provisions of NRS 445A.300 to 445A.730, inclusive, and any local law, ordinance or regulation.
(Added to NRS by 2017, 2735)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.640 - Adoption of regulations; injunctive relief.

1. The Nevada Funeral and Cemetery Services Board shall adopt regulations for the administration of NRS 451.600 to 451.715, inclusive. Unless governed by the regulations of the State Board of Health, the regulations of the Nevada Funeral and Cemetery Services Board must include, without limitation:
(a) The conditions under which the remains of a person who has died from a communicable or otherwise dangerous disease may be transported to a crematory for cremation; and
(b) The minimum standards for sanitation, required equipment and protection from fire.
2. The Nevada Funeral and Cemetery Services Board may bring legal proceedings to enjoin any person who violates any provision of NRS 451.600 to 451.715, inclusive, any regulation adopted pursuant thereto or any order of the Board from operating a crematory. Any person who is so enjoined is liable to the Board for attorney’s fees and court costs.
3. The Nevada Funeral and Cemetery Services Board may adopt regulations prescribing requirements for the conduct of natural organic reduction.
(Added to NRS by 1993, 2602; A 2003, 1279; 2017, 2736; 2023, 417)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.645 - Authority of cemetery or funeral home to erect and conduct crematory; placement.

1. A cemetery or funeral home may erect and conduct a crematory if licensed as the operator.
2. Except as otherwise provided in subsections 3 and 4 of NRS 451.635, a crematory may be erected on or adjacent to the premises of a cemetery or funeral establishment if the location is zoned for commercial or industrial use, or at any other location where the local zoning permits. A crematory must conform to all local building codes and environmental standards.
(Added to NRS by 1993, 2602; A 2013, 237; 2015, 1969; 2017, 2737)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.655 - Order of person for cremation and disposition of remains.

1. A prepaid contract for services to be rendered upon the death of a beneficiary which includes cremation must specify the disposition of the cremated remains, and that portion of the contract must be initialed by the person paying for the services. If no additional or different instructions are given by the agent at the time of the beneficiary’s death, the operator of a crematory may dispose of the remains as specified. Upon that disposition, the operator has no further liability with respect to the remains.
2. A person may order his or her own cremation and the disposition of his or her own cremated remains. The order must be signed by the person and by two witnesses. The order may designate the crematory. A copy of the order must be retained by the signer and a copy sent to the crematory if designated. The signer may revoke the order or change the designation of the crematory, and must provide written notice of the action to the operator of the crematory if designated.
3. When a person who has ordered his or her own cremation dies, a person in possession of the order and a person charged with arranging for disposition of the decedent’s body who is aware of the order shall use their best efforts to ensure that the decedent is cremated, and the cremated remains are disposed of, according to the order.
4. If a completed order for cremation, executed before death, and the human remains to which it pertains are in the possession of the operator of a crematory, and the operator has received payment for the cremation and the disposition of the cremated remains, the operator shall perform those acts as ordered and incurs no liability by their performance.
(Added to NRS by 1993, 2602)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.660 - Requirements for death certificate and written authorization; delegation of authority of authorized agent; unavailability of authorized agent.

1. The operator of a crematory shall not cremate human remains until a death certificate has been signed and, except as otherwise provided in NRS 451.655, without first receiving a written authorization, on a form provided by the operator, signed by the agent or by the living person from whom the remains have been removed:
(a) Identifying the deceased person or the remains removed;
(b) Stating whether or not death occurred from a communicable or otherwise dangerous disease;
(c) Stating the name and address of the agent and the agent’s relation to the deceased person;
(d) Representing that the agent is aware of no objection to cremation of the remains by any person who has a right to control the disposition of the deceased person’s remains; and
(e) Stating the name of the person authorized to claim the cremated remains or the name of the cemetery or person to whom the remains are to be sent.
2. An authorized agent may delegate his or her authority to another person by a written and signed statement containing the agent’s name, address and relationship to the deceased person and the name and address of the person to whom the agent’s authority is delegated. The operator of a crematory incurs no liability by relying upon a signed order for cremation received by mail or upon a delegation of authority.
3. If the authorized agent is not reasonably available or is unable to act as the authorized agent, the person’s right to be the authorized agent shall pass to the next person or category of persons in the order of priority pursuant to subsection 1 of NRS 451.024.
4. It shall be presumed that an authorized person is not reasonably available to act as an authorized agent in accordance with subsection 3 if the crematory, cemetery, funeral establishment or direct crematory facility, after exercising due diligence, has been unable to contact the person, or if the person has been unwilling or unable to make final arrangements for the disposition of the deceased person’s remains, within 30 days after the initial contact or attempted contact by the crematory, cemetery, funeral establishment or direct cremation facility.
5. If a person with a lower authorization priority than another person pursuant to subsection 1 of NRS 451.024 has been designated as the authorized agent to order the disposition of the deceased person’s remains and, subsequently, a person with a higher authorization priority makes an initial contact with the crematory, cemetery, funeral establishment or direct crematory facility and is available to perform the duties of an authorized agent pursuant to NRS 451.024 before the final disposition of the remains, the person with the higher authorization priority shall be deemed to be the authorized agent to order the disposition of the remains.
(Added to NRS by 1993, 2603; A 2015, 1969)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.665 - Maintenance of records; identification of remains.

1. The operator of a crematory, funeral establishment or direct cremation facility shall keep a record of:
(a) Each authorization received;
(b) The name of each person whose human remains are received;
(c) The date and time of receipt, and a description of the container in which received;
(d) The date of cremation; and
(e) The final disposition of the cremated remains.
2. The operator of a crematory shall not accept unidentified human remains. If the remains are received in a container, the operator shall place appropriate identification upon the exterior of the container.
3. If a permit for transportation of human remains to the crematory is required by the local health authority, the operator shall file the permit in his or her records.
(Added to NRS by 1993, 2603; A 2015, 1970)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.670 - Prohibition against requiring placement of remains in casket; construction and incineration, dissolution or reduction of container.

1. No operator of a crematory may require that human remains be placed in a casket, or refuse to accept human remains for cremation because they are not in a casket.
2. The container used must:
(a) Consist of:
(1) Readily combustible materials if incineration will be used to cremate the human remains;
(2) Materials that are readily dissolvable by alkaline hydrolysis, if alkaline hydrolysis will be used to cremate the human remains; or
(3) Materials that are readily reducible by natural organic reduction if natural organic reduction will be used to cremate the human remains;
(b) Cover the human remains completely when closed;
(c) Resist leaking or spilling;
(d) Be rigid enough for easy handling or, if alkaline hydrolysis will be used to cremate the human remains, be properly supported during transport; and
(e) Protect the health and safety of employees of the operator.
3. Unless otherwise ordered in writing by the agent, the operator shall incinerate, dissolve or reduce the container, as applicable, as the remains are cremated.
(Added to NRS by 1993, 2604; A 2017, 2737; 2023, 417)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.675 - Holding of remains awaiting cremation.

1. If the operator of a crematory cannot cremate human remains immediately after receiving them, the operator shall place them in a holding facility within or adjacent to the crematory which:
(a) Preserves the dignity of the remains;
(b) Protects for the health and safety of employees of the operator; and
(c) Is secure from access by anyone other than those employees, except a laborer in the ordinary course of his or her work.
2. If human remains are not embalmed, they may not be held longer than 24 hours unless the holding facility is refrigerated.
3. An operator need not accept for holding a container from which there is any evidence of leakage of bodily fluids.
(Added to NRS by 1993, 2604)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.680 - Procedure and space for cremation.

1. The agent, or the person charged with arranging for disposition of the body of a person who has ordered his or her own cremation, shall ensure that any artificial device that would be dangerous if cremated is removed from the human remains before their cremation. If he or she is unable to arrange for its removal before the remains are delivered to a crematory, he or she shall inform the operator of the crematory.
2. The space within a crematory where cremation takes place must be enclosed and must not be used for any other purpose than the cremation of human remains. Immediately before a container is placed in this chamber, the identification of the human remains within it must be verified by the operator and any identifying document or label for the urn must be removed from the container and kept near the control panel until cremation is complete.
3. Upon the completion of cremation, the operator shall:
(a) Remove the recoverable residue from the chamber;
(b) Place the bone fragments or soil, as applicable, in an urn with proper identification and insofar as practicable place no other material with them unless authorized by the agent; and
(c) Dispose of the remaining residue.
4. If the cremated remains will not fit in the urn selected by the agent, the operator of the crematory shall hold the remains until the agent selects an urn or urns in which the remains will fit.
(Added to NRS by 1993, 2604; A 2017, 2737; 2023, 418)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.685 - Allowance of persons near remains awaiting cremation; simultaneous cremation of remains of more than one person.

1. The operator of a crematory shall not permit a person to be present near human remains awaiting cremation, being cremated, or being removed from the chamber unless the presence of the person is within the normal scope of his or her work or his or her presence is authorized by the family of the deceased.
2. The operator of a crematory shall not simultaneously cremate the remains of more than one person in the same chamber unless so authorized in writing by the agent for each person whose remains are to be so cremated. Such a written authorization releases the operator from liability for commingling of the cremated remains.
(Added to NRS by 1993, 2605)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.690 - Delivery and transportation of cremated remains.

1. When cremated remains are called for or delivered, the person receiving the remains and a representative of the operator of the crematory shall sign a receipt showing the name of the person whose remains are received and the date, time and place of receipt. The operator shall retain the receipt. Thereafter, the remains may be transported in any manner, with a permit if required by the local health authority.
2. If a temporary urn is used to deliver the cremated remains to the person authorized to claim them, that urn must be placed in a suitable outer box to increase its security and integrity. The temporary urn must be marked with the name of the person whose remains it contains and the name of the operator of the crematory.
3. If cremated remains are to be shipped, the urn must be packed in a sealed package. A method of shipment must be used which has an internal tracing system and provides a receipt signed by the person accepting delivery.
(Added to NRS by 1993, 2605)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.695 - Disposition of cremated remains: Responsibility; operator of crematory.

1. Except as otherwise provided in subsection 2:
(a) The agent who orders cremation is responsible for the disposition of cremated remains. If within 30 days after cremation the person named in the authorization has not claimed the cremated remains and no other disposition is specified in the authorization, the operator of a crematory may place the vessel containing the cremated remains in a common compartment with other unclaimed cremated remains. The operator may charge a fee for storage when the cremated remains are claimed.
(b) If within 2 years after cremation the agent has not claimed the cremated remains or specified their ultimate disposition, the operator may dispose of the cremated remains in any manner not prohibited by NRS 451.700. The agent is liable to the operator for all reasonable expenses of disposition.
2. If cremation was ordered pursuant to subsection 6 of NRS 451.024:
(a) The operator may dispose of the cremated remains in any manner not prohibited by NRS 451.700, if the cremated remains are not claimed by the agent within 1 year after cremation.
(b) The operator has a claim against the estate of the decedent for the reasonable expenses of the disposition if those expenses are not paid by the State or a political subdivision of the State.
(c) The operator shall not charge a public officer a fee for storage of the cremated remains.
3. An operator who complies with subsection 1 or 2, or both, has no further legal liability concerning the cremated remains so treated.
(Added to NRS by 1993, 2605; A 1997, 2580; 2015, 1970)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.700 - Disposition of cremated remains: Restrictions on manner and location.

1. Except as otherwise provided in subsection 2 or authorized by the agent who ordered the cremation, no person may:
(a) Scatter cremated remains in such a manner or location that the remains are commingled with those of another person; or
(b) Place the cremated remains of more than one person in the same urn unless the persons are friends or members of the same family and the urn is designed for the remains of more than one person.
2. Cremated remains may be scattered at sea or over a public waterway, or by air, from individual closed vessels, or scattered in an area of a dedicated cemetery from which there is no means of location or recovery and which is used exclusively for this purpose.
3. Cremated remains may be disposed of in any manner upon private property if the agent who ordered the cremation so directs and the owner of the property consents in writing.
4. Cremated remains for disposition pursuant to subsection 2 or 3, except soil resulting from natural organic reduction, must be, and any other cremated remains may be, reduced to particles no larger than 1/8 of an inch.
(Added to NRS by 1993, 2605; A 2023, 418)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.705 - Effect of execution of order for cremation; liability for article of value delivered with remains.

1. The signer of an order for the cremation of human remains warrants the truth of the facts set forth in the order, including the identity of the person whose remains are to be cremated, and his or her own authority to order cremation. The signer is personally liable for any damage resulting from the falsity of a warranted fact or from his or her lack of authority.
2. The operator of a crematory may cremate human remains upon receipt of an order signed by the agent. The operator has no liability for cremating the remains or releasing the cremated remains pursuant to the order.
3. The operator of a crematory is not liable for any article of value delivered with human remains.
(Added to NRS by 1993, 2606)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.710 - Refusal to accept or cremate remains or to release cremated remains pending resolution of dispute.

1. The operator of a crematory incurs no liability by refusing to accept or to cremate human remains until the operator receives a court order or other suitable confirmation that a dispute has been settled:
(a) If the operator is aware of a dispute concerning cremation of the remains;
(b) If the operator has a reasonable basis for questioning any of the representations made by the agent; or
(c) For any other lawful reason.
2. If the operator of a crematory is aware of a dispute concerning the release or disposition of cremated human remains, the operator may refuse to release the remains until the dispute has been resolved or the operator receives a court order authorizing the release or disposition of the remains. The operator incurs no liability by such a refusal.
(Added to NRS by 1993, 2606)
2023 Nevada Revised Statutes › Chapter 451 - Dead Bodies › NRS 451.715 - Unlawful acts; abatement of unlawful crematory as public nuisance.

1. It is unlawful for any person to:
(a) Hold himself or herself out to the public as the operator of a crematory without being licensed pursuant to NRS 451.635;
(b) Sign an order for cremation knowing that the order contains incorrect information; or
(c) Violate any other provision of NRS 451.600 to 451.715, inclusive, any regulation adopted pursuant thereto or any order of the Nevada Funeral and Cemetery Services Board.
2. It is unlawful for the operator of a crematory to perform a cremation without an order signed by a person authorized to order the cremation pursuant to NRS 451.024 or 451.655.
3. If a crematory is operated in this State in violation of any provision of NRS 451.600 to 451.715, inclusive, any regulation adopted pursuant thereto or any order of the Nevada Funeral and Cemetery Services Board, the crematory is a public nuisance and may be abated as such.
(Added to NRS by 1993, 2606; A 1995, 715; 2003, 1280; 2015, 1971; 2017, 2738; 2023, 419)
2023 Nevada Revised Statutes › Chapter 452 - Cemeteries › NRS 452.001 - Applicability of provisions.

The provisions of NRS 452.001 to 452.610, inclusive:
1. Except NRS 452.002, 452.030 and 452.300, do not apply to a person maintaining a cemetery but not operating as a cemetery authority on July 5, 1971.
2. Do not apply to cemeteries containing the remains of pets only.
(Added to NRS by 1971, 2077; A 1987, 1270; 1993, 2754; 2003, 326; 2017, 1202)
2023 Nevada Revised Statutes › Chapter 452 - Cemeteries › NRS 452.002 - Adverse use by public presumptive evidence of dedication as public cemetery.

The uninterrupted use by the public of land for a burial ground for 5 years, with the consent of the owner and without a reservation of his or her rights, is presumptive evidence of his or her intention to dedicate it to the public for that purpose.
(Added to NRS by 1971, 808)
2023 Nevada Revised Statutes › Chapter 452 - Cemeteries › NRS 452.003 - Definitions.

As used in NRS 452.001 to 452.610, inclusive, unless the context otherwise requires, the words and terms defined in NRS 452.004 to 452.023, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 2061; A 1987, 1270; 1993, 2607, 2754; 1995, 723; 2005, 500; 2013, 3061; 2017, 1202)
2023 Nevada Revised Statutes › Chapter 452 - Cemeteries › NRS 452.0087 - "Endowment care cemetery" defined.

"Endowment care cemetery" means a cemetery that is required by NRS 452.050 to maintain an endowment care fund or that elects, pursuant to subsection 2 of NRS 452.050, to come under the provisions of that section.
(Added to NRS by 2017, 1201)
2023 Nevada Revised Statutes › Chapter 452 - Cemeteries › NRS 452.025 - Regulations of Administrator.

The Administrator may adopt such regulations as may be necessary to carry out the purposes and provisions of NRS 452.001 to 452.610, inclusive, which relate to endowment care.
(Added to NRS by 1971, 2065; A 1993, 2608, 2754; 1995, 723; 2017, 1202)
2023 Nevada Revised Statutes › Chapter 452 - Cemeteries › NRS 452.030 - Owner to keep cemetery in orderly condition; enforcement authority of board of county commissioners and district attorney; transfer of title of cemetery to city or county.

1. Every owner of a cemetery shall keep the same in an orderly condition, and authority is conferred on the board of county commissioners of each county to make such rules as will carry out the intent of this section.
2. Except as otherwise provided in subsection 4, in addition to any action that may be taken pursuant to the rules described in subsection 1, the district attorney of the county in which a cemetery is located or a relative of any person interred in a cemetery may bring an action in a court of competent jurisdiction to enforce the provisions of subsection 1. If the court finds that the owner of the cemetery has failed to keep the cemetery in an orderly condition, the court may:
(a) Order the owner of the cemetery to take any action necessary to bring the cemetery into such a condition; or
(b) If the court also determines that continued ownership of the cemetery by the owner is not in accordance with the health, safety, comfort or welfare of the public, transfer title to the cemetery to the city or, if the cemetery is located in an unincorporated area of a county, the county in which the cemetery is located, if the city or county accepts such a transfer of title.
3. A city or county to which title of a cemetery is transferred pursuant to this section shall:
(a) Operate the cemetery;
(b) Lease the cemetery to a cemetery authority to operate the cemetery;
(c) Enter into a contract with a cemetery authority to operate the cemetery; or
(d) Transfer title of the cemetery to a nonprofit organization acting as the cemetery authority of the cemetery.
4. The provisions of subsection 2 do not apply to a cemetery owned by a city or county.
[3:166:1913; 1919 RL p. 2644; NCL § 977]—(NRS A 2017, 328)