LAWS OF THE 2001 REGULAR SESSION
OF THE SEVENTY-NINTH
GENERAL ASSEMBLY OF THE STATE OF IOWA

CHAPTER 113

DETERMINATION AND PRONOUNCEMENT OF DEATH

H.F. 354   Bill History

AN ACT relating to the pronouncement of death by a physician assistant, a licensed practical nurse, or a registered nurse.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 148C.4, Code 2001, is amended to read as follows:

148C.4 SERVICES PERFORMED BY ASSISTANTS.

A physician assistant may perform medical services when the services are rendered under the supervision of the physician or physicians specified in the physician assistant license approved by the board. A trainee may perform medical services when the services are rendered within the scope of an approved program. For the purposes of this section, "medical services rendered under the supervision of the physician or physicians specified in the physician assistant license approved by the board" includes making a pronouncement of death for a patient whose death is anticipated if the death occurs in a licensed hospital, a licensed health care facility, a Medicare-certified home health agency, or a Medicare-certified hospice program or facility, with notice of the death to a physician and in accordance with the directions of a physician.

Sec. 2. Section 152.1, subsection 4, Code 2001, is amended by adding the following new paragraph:

NEW PARAGRAPH. c. Make the pronouncement of death for a patient whose death is anticipated if the death occurs in a licensed hospital, a licensed health care facility, a Medicare-certified home health agency, or a Medicare-certified hospice program or facility, with notice of the death to a physician and in accordance with any directions of a physician.

Sec. 3. Section 152.1, subsection 6, Code 2001, is amended by adding the following new paragraph after paragraph d:

NEW PARAGRAPH. dd. Make the pronouncement of death for a patient whose death is anticipated if the death occurs in a licensed hospital, a licensed health care facility, a Medicare-certified home health agency, or a Medicare-certified hospice program or facility, with notice of the death to a physician and in accordance with any directions of a physician.

Sec. 4. Section 152.1, subsection 6, paragraph e, Code 2001, is amended to read as follows:

e. Apply to the abilities enumerated in paragraphs "a" through "d" "dd" of this subsection scientific principles, including the principles of nursing skills and of biological, physical, and psychosocial sciences.

Sec. 5. Section 702.8, Code 2001, is amended to read as follows:

702.8 DEATH.

"Death" means the condition determined by the following standard: A person will be considered dead if in the announced opinion of a physician, licensed pursuant to chapter 148, 150, or 150A, a physician assistant licensed pursuant to chapter 148C, or a registered nurse or a licensed practical nurse licensed pursuant to chapter 152, based on ordinary standards of medical practice, that person has experienced an irreversible cessation of spontaneous respiratory and circulatory functions. In the event that artificial means of support preclude a determination that these functions have ceased, a person will be considered dead if in the announced opinion of two physicians, based on ordinary standards of medical practice, that person has experienced an irreversible cessation of spontaneous brain functions. Death will have occurred at the time when the relevant functions ceased.

Approved May 3, 2001



Updated: 28-Oct-2001 06:12 PM
rc/sw