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§ 3999.327. Registered Nurse Pronouncement of Death.

15 CA ADC § 3999.327Barclays Official California Code of RegulationsEffective: July 1, 2023

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 3. Adult Institutions, Programs and Parole
Chapter 2. Rules and Regulations of Health Care Services
Subchapter 3. Health Care Operations
Article 4. Nursing Care
Effective: July 1, 2023
15 CCR § 3999.327
§ 3999.327. Registered Nurse Pronouncement of Death.
(a) The California Department of Corrections and Rehabilitation (CDCR) shall permit Registered Nurses (RNs) to make the determination and pronouncement of patient death when all of the following conditions are met:
(1) A Primary Care Provider (PCP), or an Advanced Practice Provider (APP) has determined and documented that the patient has a condition or illness whose natural course is expected to end in death and the patient's life expectancy is six months or less.
(2) The patient signed a CDCR 7465, Physician's Orders for Life Sustaining Treatment, as provided in section 3999.99, indicating “Do Not Resuscitate.” The CDCR 7465 must be signed and dated by a physician, or an APP acting under the supervision of the physician, and the patient or legally recognized health care decision maker.
(3) The patient's PCP or an APP has documented in a progress note in the health record that death is expected and has completed an order in the Electronic Health Record System stating that an RN may pronounce death.
(b) RNs shall receive death pronouncement training annually as part of their competency validation.
(c) Assessment and determination of death. When a patient appears to have died, the RN on duty shall be physically present at the bedside to assess the patient for determination of death in accordance with standards of care.
(d) Documentation of death. The RN shall document the assessment in the health record.
(e) The physician on-call shall be notified if the PCP or an APP is not available in situations such as after business hours, weekends, and holidays.
(f) Notification of the next of kin shall occur pursuant to section 3999.417, Inmate Deaths.


Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.
1. New section filed 5-22-2023; operative 7-1-2023 (Register 2023, No. 21).
This database is current through 6/14/24 Register 2024, No. 24.
Cal. Admin. Code tit. 15, § 3999.327, 15 CA ADC § 3999.327
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