Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 70 First Substitute (2020GS)

Sponsor

Sen. Grover, K.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• allows a nurse to make a determination of death in certain circumstances; and
• makes conforming changes.

Every vote on this bill

Bill text

DETERMINATION OF DEATH AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keith Grover
House Sponsor: 
Brad M. Daw
LONG TITLE
General Description:
This bill allows for a registered nurse to make a determination of death in certain
circumstances.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ allows a nurse to make a determination of death in certain circumstances; and
▸ makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-34-2
, as last amended by Laws of Utah 2011, Chapter 297
ENACTS:
26-34-4
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-34-2
 is amended to read:
26-34-2.
Definition of death -- Determination of death.
(1) An individual is dead if the individual has sustained either:
(a) irreversible cessation of circulatory and respiratory functions; or
(b) irreversible cessation of all functions of the entire brain, including the brain stem.
(2) A determination of death shall be made in accordance with 
this chapter and
accepted medical standards.
Section 2. Section 
26-34-4
 is enacted to read:
 26-34-4.
Determination of death made by registered nurse.
(1) As used in this section:
(a) "Health care facility" means the same as that term is defined in Section 
26-21-2
.
(b) "Physician" means a physician licensed under:
(i) Title 58, Chapter 67, Utah Medical Practice Act; or
(ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(c) "Registered nurse" means a registered nurse licensed under Title 58, Chapter 31b,
Nurse Practice Act.
(2) A registered nurse may make a determination of death of an individual if:
(a) an attending physician has:
(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
(ii) established clear assessment procedures for determining death;
(b) the death actually occurs within the 180-day period described in Subsection (2)(a);
and
(c) at the time of the documentation described in Subsection (2)(a), the physician
authorized the following, in writing, to make the determination of death:
(i) one or more specific registered nurses; or
(ii) if the individual is in a health care facility that has complied with Subsection (5),
all registered nurses that the facility employs.
(3) A registered nurse who has determined death under this section shall:
(a) document the clinical criteria for the determination in the individual's medical or
clinical record;
(b) notify the physician described in Subsection (2); and
(c) ensure that the death certificate includes:
(i) the name of the deceased;
(ii) the presence of a contagious disease, if known; and
(iii) the date and time of death.
(4) Except as otherwise provided by law or rule, a physician licensed under Title 58,
Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical
Practice Act, shall certify a determination of death described in Subsection (3) within 24 hours
after the registered nurse makes the determination of death.
(5) (a) For a health care facility to be eligible for a general authorization described in
Subsection (2)(c), the facility shall adopt written policies and procedures that provide for the
determination of death by a registered nurse under this section.
(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 (5)(a).
(6) 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.