PRINTER'S NO. 1396
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1080
Session of
2024
INTRODUCED BY CULVER, PENNYCUICK, CAPPELLETTI, J. WARD AND
SCHWANK, FEBRUARY 23, 2024
REFERRED TO HEALTH AND HUMAN SERVICES, FEBRUARY 23, 2024
AN ACT
Amending the act of June 29, 1953 (P.L.304, No.66), entitled "An
act providing for the administration of a statewide system of
vital statistics; prescribing the functions of the State
Department of Health, the State Advisory Health Board and
local registrars; imposing duties upon coroners,
prothonotaries, clerks of orphans' court, physicians,
midwives and other persons; requiring reports and
certificates for the registration of vital statistics;
regulating the disposition of dead bodies; limiting the
disclosure of records; prescribing the sufficiency of vital
statistics records as evidence; prescribing fees and
penalties; and revising and consolidating the laws relating
thereto," in death and fetal death registration, providing
for pronouncement of death by a practical nurse.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 29, 1953 (P.L.304, No.66), known
as the Vital Statistics Law of 1953, is amended by adding a
section to read:
Section 508. Death and Fetal Death Registration:
Pronouncement of Death by a Practical Nurse.--(a) A practical
nurse shall have the authority to pronounce death if all of the
following are met:
(1) The patient is in the care of a licensed hospice.
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(2) The patient has a valid Do Not Resuscitate Order issued
in accordance with the laws of this Commonwealth.
(3) The practical nurse is conducting a focused assessment
to identify the cessation of circulatory and respiratory
functions as provided under the act of December 17, 1982
(P.L.1401, No.323), known as the "Uniform Determination of Death
Act."
(4) The practical nurse has received training in accordance
with subsection (e).
(b) A practical nurse 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, if the deceased has an attending physician
or certified registered nurse practitioner, and to a family
member, as soon as practicable.
(c) If circumstances surrounding the nature of death are not
anticipated and require a coroner's investigation, the
practical 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, this
section provides for the pronouncement of death by a practical
nurse 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) The following shall apply to training:
(1) In accordance with 42 CFR 418.100 (relating to condition
of participation: organization and administration of services)
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in effect on the effective date of this clause, a hospice shall
conduct an initial training upon hiring, an annual training and
an annual assessment of the skills and competence of a practical
nurse who will assess the vital signs of a patient to determine
cessation of circulatory and respiratory function.
(2) Each practical nurse must be trained for a minimum of
three hours in vital signs training, postmortem care, grief
training and circumstances requiring a coroner's investigation.
(3) A hospice shall have written policies and procedures
describing its method of assessment of competency and maintain a
written description of the in-service training provided during
the previous twelve months.
(f) The following shall apply:
(1) A practical nurse and an employing agency of a practical
nurse acting in good faith and in compliance with the provisions
of this act, the State Board of Nursing and the Department of
Health shall be immune from liability claims by reason of
pronouncing death under this section.
(2) Nothing under this section shall impose an obligation on
a practical nurse to carry out the function authorized by this
section.
(3) Nothing under this section is intended to relieve a
practical nurse of 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 under this section shall preempt the
requirements of 20 Pa.C.S. Ch. 86 (relating to anatomical
gifts).
(g) A practical nurse shall have the authority to pronounce
death in accordance with procedural regulations as may be
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promulgated by the State Board of Nursing within eighteen months
of the effective date of this subsection.
(h) As used in this section, the term "practical nurse"
shall mean a practical nurse who is employed by a licensed
hospice, involved in the direct care of a patient of the
licensed hospice and is:
(1) licensed under the act of March 2, 1956 (1955 P.L.1211,
No.376), known as the "Practical Nurse Law"; or
(2) authorized to practice practical nursing in this
Commonwealth.
Section 2. This act shall take effect in 60 days.
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