1. (1) As used in this section, "registered nurse" means a registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act.

2. (2)

   1. (a) An individual is dead if the individual has sustained either:

      1. (i) irreversible cessation of circulatory and respiratory functions; or
      2. (ii) irreversible cessation of all functions of the entire brain, including the brain stem.
   2. (b) A determination of death shall be made in accordance with this part and accepted medical standards.

3. (3) A registered nurse may make a determination of death of an individual if:

   1. (a) an attending physician has:

      1. (i) documented in the individual's medical or clinical record that the individual's death is anticipated due to illness, infirmity, or disease no later than 180 days after the day on which the physician makes the documentation; and
      2. (ii) established clear assessment procedures for determining death;
   2. (b) the death actually occurs within the 180-day period described in Subsection (3)(a); and

   3. (c) at the time of the documentation described in Subsection (3)(a), the physician authorized the following, in writing, to make the determination of death:

      1. (i) one or more specific registered nurses; or
      2. (ii) if the individual is in a health care facility that has complied with Subsection (6), all registered nurses that the facility employs.

4. (4) A registered nurse who has determined death under this section shall:

   1. (a) document the clinical criteria for the determination in the individual's medical or clinical record;
   2. (b) notify the physician described in Subsection (3); and

   3. (c) ensure that the death certificate includes:

      1. (i) the name of the deceased;
      2. (ii) the presence of a contagious disease, if known; and
      3. (iii) the date and time of death.
5. (5) Except as otherwise provided by law or rule, a physician shall certify a determination of death described in Subsection (4) within 24 hours after the registered nurse makes the determination of death.

6. (6)

   1. (a) For a health care facility to be eligible for a general authorization described in Subsection (3)(c), the facility shall adopt written policies and procedures that provide for the determination of death by a registered nurse under this section.
   2. (b) A registered nurse that a health care facility employs may not make a determination of death under this section unless the facility has adopted the written policies and procedures described in Subsection (6)(a).
7. (7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure the appropriate determination of death under this section.

Renumbered and Amended by Chapter 306, 2023 General Session