NRS 201.460: Sale of a Human Organ for Transplantation

For generations, urban legends have circulated tales of unsuspecting individuals waking up in shady hotel rooms, drugged and missing organs, stolen to be sold on the black market to the highest bidder.

We have heard other  stories about people from third world countries selling organs they don’t need like a kidney to support their families. 

Celebrities have faced accusations of leveraging their influence to secure organ transplants ahead of others in need, potentially receiving organs before less influential individuals who may have been in greater need.

Is it an urban legend or a fact? It turns out there’s truth behind the claim that Nevada prohibits the sale of human organs for transplantation. Under NRS 201.460, it is illegal to sell, acquire, receive, or transfer human organs in exchange for any form of payment. This law ensures that organ transplants remain ethical and free from financial exploitation.

This applies solely to organs obtained through illegal means and does not pertain to those donated through the official organ donor registry.

Organ donation has transformed countless lives, offering hope and a second chance to those in need. However, the demand for organs far exceeds the supply, leaving many patients waiting for years. With living donors in short supply, the path to receiving this life-saving gift remains uncertain for far too many.

There have even been deaths of people who have passed away while waiting on the organ transplant lists.

It is safe to say that a person who is looking for a donor organ might take matters into their own hands to try and get the organ they need to survive.

What Does the Sale of Human Organs for Transplantation Mean

Under NRS 201.460, it is illegal in the state to buy, sell, or transfer human organs for use in transplants in exchange for anything of value. Engaging in any part of such transactions is prohibited.

The term “human organ,” as defined in NRS 201.460, encompasses a wide range of body parts, including the kidneys, liver, heart, lungs, bone marrow, and other human body parts. However, notably, blood is excluded from this definition.

NRS 201.460 vs Legal Donor Organ Transplantation

Organ donation saves countless lives every year but it is a very specific process that involves many people and organizations coming together at the perfect time. The legal organ donor process includes:

• When applying for your driver’s license or renewing your license, you can choose to become an organ donor and it will be placed on your license and appear as a red heart. Nevada operates under the opt in system, meaning you must choose to be a donor.
• If opting in as a donor you can also register online through the Nevada Donor Network
• Nevada Donor Network is the organ procurement organization in Nevada that coordinates , recovers, and allocates organs and tissue transplants in Nevada.
• Under NRS 451.008, the determination of death is a clinical decision and doesn’t require consent from a person’s authorized representative or family.
• NRS 201.460 Makes it illegal to sell organs for transplant for valuable consideration

National Donor Registry

In Nevada the organ recipient waiting list is managed by the United Network for Organ Sharing or (UNOS) and then coordinated by Nevada Donor Network and Donor Network West.

These organizations work together to get needed organs to recipients that are compatible closest to home as possible before reaching out to other areas. 

Once a patient is determined to be a candidate for a transplant by a medical professional, they will be added to the national waiting lists managed by UNOS. 

UNOS ensures fair allocation of organs nationwide by ranking transplant candidates. 

The ranking criteria consists of the following:

1. Medical Urgency: Patients with the most critical medical conditions are given priority.
2. Tissue and Blood Type Compatibility: Matches are prioritized based on tissue and blood type compatibility.
3. Organ Size: The organ must be a suitable size for the recipient’s body.
4. Time on the Waiting List: While not the main factor, time spent on the waiting list can influence decisions.
5. Geographic Location: The proximity between donor and recipient is taken into account.

Living Donors

You can legally donate a kidney, part of a liver, or tissues while living in Nevada. 

Nevada has laws that protect living donors against discrimination. 

What if I’m Not a Registered Organ Donor?

In Nevada if you pass away without being a registered organ donor, the Organ Procurement Organization (OPO) will discuss the option of organ donation with your family, and they can choose to authorize or decline the donation. 

If you registered as an organ donor in Nevada that serves as legal consent for organ donation. 

If you are registered or your family consents to the donation, the OPO will work with the medical team to determine which organs are suitable for donation and to which patients on the national transplant registry waiting list they can be allocated too. 

There is no cost to the family of the donor or family for this process.

What if I Need a Transplant?

Once it is determined that you may need an organ transplant you will be referred to a transplant center for evaluation, such as UMC Center for Transplantation in Las Vegas. 

A transplant team will assess you’re medical condition and determine if you are in fact a candidate for a transplant. 

If it is determined that you are in need of a transplant you will be added to the national organ transplant waiting list that is maintained by UNOS. 

A living donor, usually a family member, may be evaluated to see if they are a candidate for donation of certain organs. 

You will remain on the list until a donor that matches you’re particular medical requirements becomes available.

The waiting list can be lengthy, sometimes stretching across several years.

Why Is It Illegal to Sell Organs for Transplant?

Under NRS 201.460 it is illegal in Nevada to sell or receive any value for an organ for transplant. This is to ensure that the wealthy do not have an unfair advantage for obtaining donated organs or tissue. 

Also, as you have read the process is very specific in nature and is maintained and run by a few organizations to make sure the people who need them get them and to make sure all medical responsibilities are properly handled. 

Is There a Federal Law Regarding Organ Donation?

Under two federal laws, the National Organ Transplant Act (NOTA) and the Uniform Anatomical Gift Act (UNGA) are the established national system for organ procurement and transplantation. Under these acts it is also illegal to sell organs.

What Are the Penalties for Violating These Laws??

If you are convicted of NRS 201.460 Sale of Human Organ for Transplantation, the Nevada penalties are considerably less than the Federal penalties.

• Nevada Penalties:
  • Misdemeanor
  • Up to 6 months in jail
  • Fine of up to $1,000
• Federal Penalties:
  • Prison term of up to 5 years
  • Fine of up to $50,000

As you can see, the Federal penalties are much more severe than the Nevada penalties.

These laws also include a safe harbor clause to protect victims that unknowingly receive an illegally obtained organ.

Why Do I Need a Lawyer?

In Nevada the crime of selling an organ for transplantation is illegal and considered a crime against public and moral decency under Chapter 201 of the revised penal code. Not only could you face jail time and fines, but you could also face having a permanent criminal record. 

Having a criminal record can hinder you’re ability to gain employment or get an apartment. Not only will you face the consequences that are obvious but you may face other consequences that come with being convicted of a crime against public decency like the stigma of being known as a person who “did that”. 

Criminal records are public information and therefore anyone can find out what you have been convicted of. 

The best decision you can make is to hire an experienced attorney to help you understand what you are up against. 

The Defenders represents clients for all types of criminal offenses including DUI, Domestic Violence, Drug offenses, Sex crimes, and violent crimes.

Our team will evaluate the evidence against you to determine the best course of action and create a strategy to get the case resolved.

Working with our legal team we can closely work with you to try and get the case dismissed or the charges reduced based on the evidence. Our team will advise you as to the best course of action. 

Organ donation saves lives everyday. You don’t want to be a person that is accused of tarnishing the good this program does.

Call The Defenders today for a case review if you have been charged with NRS 201.460.