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§ 450.507. Death and Fetal Death Registrations: Pronouncement of death by a professional nurse

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: August 21, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 2. Registration of Vital Statistics (Refs & Annos)
Vital Statistics Law of 1953 (Refs & Annos)
Article V. Death and Fetal Death Registration
Effective: August 21, 2012
35 P.S. § 450.507
§ 450.507. Death and Fetal Death Registrations: Pronouncement of death by a professional nurse
(a) Professional nurses licensed under the act of May 22, 1951 (P.L. 317, No. 69),1 known as “The Professional Nursing Law,” who are involved in direct care of a patient shall have the authority to pronounce death as determined under the act of December 17, 1982 (P.L. 1401, No. 323),2 known as the “Uniform Determination of Death Act,” in the case of death from natural causes of a patient who is under the care of a physician or certified registered nurse practitioner when the physician or certified registered nurse practitioner is unable to be present within a reasonable period of time to certify the cause of death.
(b) Professional nurses shall have the authority to release the body of the deceased to a funeral director after notice has been given to the attending physician or certified registered nurse practitioner, when the deceased has an attending physician or certified registered nurse practitioner, and to a family member.
(c) If circumstances surrounding the nature of death are not anticipated and require a coroner's investigation, the professional nurse shall notify the county coroner, and the authority to release the body of the deceased to the funeral director shall be that of the coroner.
(d) Except as provided for under sections 502 and 503,3 this section provides for the pronouncement of death by professional nurses in accordance with the “Uniform Determination of Death Act,” but in no way authorizes a nurse to determine the cause of death. The responsibility for determining the cause of death remains with the physician, certified registered nurse practitioner or the coroner as provided under this act.
(e)(1) Professional nurses and employing agencies of professional nurses acting in good faith and in compliance with the guidelines established by this act and the State Board of Nursing shall be immune from liability claims by reason of pronouncing death.
(2) Nothing contained in this section shall be deemed to impose any obligation upon a professional nurse to carry out the function authorized by this act.
(3) Nothing in this section is intended to relieve a professional nurse of any civil or criminal liability that might otherwise be incurred for failing to follow the rules and regulations of the State Board of Nursing.
(4) Nothing in this section shall preempt the requirements of the provisions of 20 Pa.C.S. Ch. 86 (relating to anatomical gifts).

Credits

1953, June 29, P.L. 304, art. V, § 507, added 1991, Dec. 20, P.L. 399, No. 46, § 4, effective in 60 days. Amended 2012, June 22, P.L. 644, No. 68, § 1, effective in 60 days [Aug. 21, 2012].

Footnotes

63 P.S. § 211 et seq.
35 P.S. § 10201 et seq.
35 P.S. §§ 450.502, 450.503.
35 P.S. § 450.507, PA ST 35 P.S. § 450.507
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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