§327C-1  Determination of death.  (a) Except as provided in subsection (b), a person shall be considered dead if, inthe announced opinion of a physician or osteopathic physician licensed underpart I of chapter 453, physician or osteopathic physician excepted fromlicensure by section 453-2(b)(3), physician assistant licensed under chapter453, or registered nurse licensed under chapter 457, based on ordinarystandards of current medical practice, the person has experienced irreversiblecessation of spontaneous respiratory and circulatory functions.  Death willhave occurred at the time when the irreversible cessation of the functionsfirst coincided.

(b)  In the event that artificial means ofsupport preclude a determination that respiratory and circulatory functionshave ceased, a person shall be considered dead if, in the opinion of anattending physician or osteopathic physician licensed under part I of chapter453, or attending physician or osteopathic physician excepted from licensure bysection 453-2(b)(3), and of a consulting physician or osteopathic physician licensedunder part I of chapter 453, or consulting physician or osteopathic physician exceptedfrom licensure by section 453-2(b)(3), based on ordinary standards of currentmedical practice, the person has experienced irreversible cessation of allfunctions of the entire brain, including the brain stem.  The opinions of thephysicians or osteopathic physicians shall be evidenced by signed statements. Death will have occurred at the time when the irreversible cessation of allfunctions of the entire brain, including the brain stem, first occurred.  Deathshall be pronounced before artificial means of support are withdrawn and beforeany vital organ is removed for purposes of transplantation.

(c)  When a part of a donor is used for directorgan transplantation under chapter 327, and the donor's death is establishedby determining that the donor experienced irreversible cessation of allfunctions of the entire brain, including the brain stem, the determinationshall only be made under subsection (b).  The determination of death in allother cases shall be made under subsection (a).  The physicians or osteopathicphysicians making the determination of death shall not participate in theprocedures for removing or transplanting a part, or in the care of anyrecipient.

(d)  All death determinations in the Stateshall be made pursuant to this section and shall apply to all purposes,including but not limited to civil and criminal actions, any laws to thecontrary notwithstanding; provided that presumptive deaths under the UniformProbate Code shall not be affected by this section.

(e)  The director of health may convene inevery odd-numbered year, a committee which shall be composed of representativesof appropriate general and specialized medical professional organizations,licensed attorneys, and members of the public.  The committee shall reviewmedical practice, legal developments, and other appropriate matters todetermine the continuing viability of this section, and shall submit a reportof its findings and recommendations to the legislature, prior to the conveningof the regular session held in each even-numbered year. [L 1978, c 248, §1; amL 1979, c 193, §1; am L 1982, c 112, §1; am L 1983, c 216, §1; am L 1984, c189, §1; am L 1985, c 197, §1; am L 1997, c 70, §1; am L 1998, c 277, §1; am L2009, c 11, §39 and c 151, §14]

 

Note

 

  Chapter 460 referred to in text is repealed.

  The L 2009 c 11, §39 amendment is retroactive to April 3,2008. L 2009, c 11, §76(2).

 

Revision Note

 

  In subsections (a) and (b), section "453-2(b)(3)"substituted for "453-2(3)".