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PAG LIN
1 1 Section 1. NEW SECTION. 144D.1 SHORT TITLE.
1 2 This chapter may be cited as the "Uniform Determination of
1 3 Death Act".
1 4 Sec. 2. NEW SECTION. 144D.2 DEFINITIONS.
1 5 For purposes of this chapter, except as otherwise provided:
1 6 1. "Accepted medical standards" means the standard of care
1 7 for medical practice.
1 8 2. "Attending physician" means the physician selected by
1 9 or assigned to the individual whose death is at issue, and who
1 10 has primary responsibility for the treatment and care of that
1 11 individual.
1 12 3. "Physician" means a physician, surgeon, or osteopathic
1 13 physician or surgeon, licensed or authorized to practice under
1 14 the laws of any state.
1 15 Sec. 3. NEW SECTION. 144D.3 LEGAL CRITERIA FOR
1 16 DETERMINING DEATH.
1 17 1. Death occurs when an individual has sustained at least
1 18 one of the following conditions:
1 19 a. Irreversible cessation of circulatory and respiratory
1 20 functions.
1 21 b. Irreversible cessation of all functions of the entire
1 22 brain, including the brain stem.
1 23 2. Use of the criteria specified in subsection l above
1 24 shall not prohibit the use of other medically recognized
1 25 criteria for determining death, as long as such a
1 26 determination is made in accordance with accepted medical
1 27 standards.
1 28 3. Time of death shall be calculated at the moment of
1 29 cessation of the body functions that were used in determining
1 30 death.
1 31 Sec. 4. NEW SECTION. 144D.4 RESPONSIBILITY AND
1 32 IMMUNITIES.
1 33 1. A determination of death made under this chapter must
1 34 be made in accordance with accepted medical standards by the
1 35 attending physician, or, if none, the physician who certifies
2 1 the death.
2 2 2. A physician who makes a good faith determination of
2 3 death according to this chapter shall not be liable for
2 4 damages in any civil action or subject to prosecution in any
2 5 criminal proceeding for making such a determination. Any
2 6 person, institution, or facility that relies in good faith on
2 7 such a determination of death shall not be liable for damages
2 8 in any civil action or subject to prosecution in any criminal
2 9 proceeding for any action taken in reliance upon such a
2 10 determination.
2 11 Sec. 5. NEW SECTION. 144D.5 APPLICATION AND
2 12 CONSTRUCTION.
2 13 1. Section 144D.3 shall be utilized for all legal purposes
2 14 where determination of death is an issue.
2 15 2. This chapter shall be applied and construed to
2 16 effectuate its general purpose to make uniform the law with
2 17 respect to the subject of this chapter among the states
2 18 enacting the uniform determination of death Act.
2 19 Sec. 6. Section 702.8, Code 1999, is amended by striking
2 20 the section and inserting in lieu thereof the following:
2 21 702.8 DEATH.
2 22 "Death" means the condition determined according to the
2 23 provisions of chapter 144D. Time of death is calculated
2 24 according to the provisions of chapter 144D.
2 25 EXPLANATION
2 26 This bill adopts the criteria for determining death that
2 27 are set forth in the "Uniform Declaration of Death Act"
2 28 (Uniform Act), drafted by the national conference of
2 29 commissioners on uniform state laws. In addition, the bill
2 30 contains other provisions to make the content and structure of
2 31 the Uniform Act consistent with sections of the Iowa Code that
2 32 will rely upon this chapter.
2 33 The Uniform Act codifies the traditional common law concept
2 34 of death, which includes cessation of heart and lung
2 35 functions. In addition, the Uniform Act provides for an
3 1 alternative means of determining death, according to the
3 2 cessation of all brain activity, including activity in the
3 3 brain stem.
3 4 Iowa has utilized such alternative criteria for determining
3 5 death under its criminal statutes, but has not addressed the
3 6 legal criteria for determining when death has occurred beyond
3 7 circumstances with criminal implications. This bill strikes
3 8 that criminal law definition and, in an expansion of the
3 9 Uniform Act provisions, expressly makes the legal criteria for
3 10 determining death set forth in Code section 144D.3 applicable
3 11 to all situations where determination of death is at issue.
3 12 This bill also utilizes such criteria in determining the time
3 13 of death, thereby continuing to address this issue as provided
3 14 in the criminal law definition of death in Code section 702.8.
3 15 The bill also provides that these criteria are not
3 16 exclusive in determining death, allowing for the exercise of
3 17 medical discretion, in recognition of the fact that other
3 18 medical criteria may be appropriately used now, or also in the
3 19 future as medical knowledge and technology continue to
3 20 advance. This provision goes beyond the Uniform Act, but
3 21 recognizes medical standards of care which set forth
3 22 additional criteria for consideration in determining death.
3 23 Subsection 2 of Code section 144D.3 also is similar to the law
3 24 of other states that utilize the brain death criteria of the
3 25 Uniform Act.
3 26 Further, this bill defines certain terms, provides who may
3 27 make a determination of death under this statute, and
3 28 furnishes immunities for those persons acting in reliance upon
3 29 this statute. These provisions are not within the Uniform
3 30 Act, but are similar to provisions which have been added to
3 31 the Uniform Act by other states, and are similar to provisions
3 32 in other Iowa statutes, such as the Uniform Anatomical Gift
3 33 Act for organ donation and the Life-sustaining Procedures Act.
3 34 LSB 1075SV 78
3 35 jj/jw/5
Text: SF00208 Text: SF00210 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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