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68-3-511 - Death determination and pronouncement by registered nurse.

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68-3-511. Death determination and pronouncement by registered nurse. A registered nurse may make the actual determination and pronouncement of death under the following circumstances: (1)(A)The deceased was suffering from a terminal illness;(B)Death was anticipated, and the attending physician or the hospice medical director has agreed in writing to sign the death certificate. The agreement by the attending physician or hospice medical director must be present and with the deceased at the place of death;(C)Prior to death, the deceased had been receiving the services of a Medicare certified hospice program licensed by the state;(D)The nurse is licensed by the state; and(E)The nurse is employed by the attending hospice program; (2)(A)The deceased was a resident of a nursing home;(B)Death was anticipated, and the attending physician or nursing home medical director has agreed in writing to sign the death certificate. The agreement by the attending physician or nursing home medical director must be present and with the deceased at the place of death;(C)The nurse is licensed by the state; and(D)The nurse is employed by the nursing home in which the deceased resided; (3)(A)The deceased was receiving the services of a licensed home care organization;(B)Death was anticipated, and the attending physician has agreed in writing to sign the death certificate. The agreement by the attending physician must be present with the deceased at the place of death;(C)The nurse is licensed by the state; and(D)The nurse is employed by the home care organization providing services to the deceased; (4)(A)The deceased was a patient at a hospital as defined by § 68-11-201;(B)Death was anticipated, and the attending physician has agreed in writing to sign the death certificate. The agreement by the attending physician must be present with the deceased at the place of death;(C)The nurse is licensed by the state; and(D)The nurse is employed by the hospital providing services to the deceased; (5)(A)The deceased was receiving the services of a program for all-inclusive care for the elderly (PACE) that is a permanent medicare provider as approved by the centers for medicare and medicaid services;(B)Death was anticipated, and the attending physician has agreed in writing to sign the death certificate. The agreement by the attending physician must be present with the deceased at the place of death;(C)The nurse is licensed by the state; or(D)The nurse is employed by a program described in subdivision (5)(A); and (6)(A)The deceased was a resident of an assisted-care living facility;(B)Death was anticipated, and the attending physician has agreed in writing to sign the death certificate. The agreement by the attending physician must be present and with the deceased at the place of death;(C)The nurse is licensed by the state; and(D)The nurse is employed by the assisted-care living facility in which the deceased resided.[Acts 1998, ch. 858, § 1; 2001, ch. 266, §§ 1, 2; 2003, ch. 85, § 1; 2004, ch. 646, § 1; 2005, ch. 222, § 1.]
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  • 68-3-511. Death determination and pronouncement by registered nurse.

    A registered nurse may make the actual determination and pronouncement of death under the following circumstances:

         (1)  (A)  The deceased was suffering from a terminal illness;

              (B)  Death was anticipated, and the attending physician or the hospice medical director has agreed in writing to sign the death certificate. The agreement by the attending physician or hospice medical director must be present and with the deceased at the place of death;

              (C)  Prior to death, the deceased had been receiving the services of a Medicare certified hospice program licensed by the state;

              (D)  The nurse is licensed by the state; and

              (E)  The nurse is employed by the attending hospice program;

         (2)  (A)  The deceased was a resident of a nursing home;

              (B)  Death was anticipated, and the attending physician or nursing home medical director has agreed in writing to sign the death certificate. The agreement by the attending physician or nursing home medical director must be present and with the deceased at the place of death;

              (C)  The nurse is licensed by the state; and

              (D)  The nurse is employed by the nursing home in which the deceased resided;

         (3)  (A)  The deceased was receiving the services of a licensed home care organization;

              (B)  Death was anticipated, and the attending physician has agreed in writing to sign the death certificate. The agreement by the attending physician must be present with the deceased at the place of death;

              (C)  The nurse is licensed by the state; and

              (D)  The nurse is employed by the home care organization providing services to the deceased;

         (4)  (A)  The deceased was a patient at a hospital as defined by § 68-11-201;

              (B)  Death was anticipated, and the attending physician has agreed in writing to sign the death certificate. The agreement by the attending physician must be present with the deceased at the place of death;

              (C)  The nurse is licensed by the state; and

              (D)  The nurse is employed by the hospital providing services to the deceased;

         (5)  (A)  The deceased was receiving the services of a program for all-inclusive care for the elderly (PACE) that is a permanent medicare provider as approved by the centers for medicare and medicaid services;

              (B)  Death was anticipated, and the attending physician has agreed in writing to sign the death certificate. The agreement by the attending physician must be present with the deceased at the place of death;

              (C)  The nurse is licensed by the state; or

              (D)  The nurse is employed by a program described in subdivision (5)(A); and

         (6)  (A)  The deceased was a resident of an assisted-care living facility;

              (B)  Death was anticipated, and the attending physician has agreed in writing to sign the death certificate. The agreement by the attending physician must be present and with the deceased at the place of death;

              (C)  The nurse is licensed by the state; and

              (D)  The nurse is employed by the assisted-care living facility in which the deceased resided.

    [Acts 1998, ch. 858, § 1; 2001, ch. 266, §§ 1, 2; 2003, ch. 85, § 1; 2004, ch. 646, § 1; 2005, ch. 222, § 1.]  

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