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A05826
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. in general
provisions, further providing for definitions; in death and
fetal death registration, providing for pronouncement of
death by a practical nurse; and, in records, further
providing for fees for copies.
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 1. Section 105 introductory paragraph of the act of
June 29, 1953 (P.L.304, No.66), known as the Vital Statistics
Law of 1953, is amended to read:
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Section 105. General Provisions: Definitions.--As used in
this act, the following words and phrases shall have the
meanings given to them in this section unless the context
clearly indicates otherwise--
* * *
Section 2. The act 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.
(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
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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)
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
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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
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 3. Section 807(c) of the act is amended and the
section is amended by adding subsections to read:
Section 807. Records: Fees for Copies.--* * *
[(c) No fee shall be charged for certified copies of records
or parts thereof furnished members of the armed forces of the
United States and their dependents during their term of active
service and after their death in service or honorable discharge
therefrom.]
(d) Subject to subsection (e), no fee shall be charged for
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certified copies of records or parts thereof for any of the
following:
(1) An individual who currently serves in the United States
Armed Forces, including a reserve component or the National
Guard.
(2) A member of the United States Armed Forces, including a
reserve component or the National Guard, who was killed or dies
as a result of injuries received while on official duty status
authorized under Federal or State law .
(3) A veteran.
(4) A spouse of an individual specified under paragraph (1),
(2) or (3).
(5) A dependent of an individual specified under paragraph
(1), (2) or (3).
(e) The fee waiver under subsection (d) shall only apply to
the following applicants for certified copies of records or
parts thereof:
(1) An applicant who is an individual specified under
subsection (d)(1) or (3).
(2) An applicant who is a spouse of an individual specified
under subsection (d)(1), (2) or (3).
(3) An applicant who is a representative of a dependent
child of a deceased veteran or an individual specified under
subsection (d)(2). This paragraph shall only apply to a request
made for a certified copy of a certificate of death.
(4) An applicant who is a representative of the estate of an
individual specified under subsection (d)(1), (2), (3) or (4).
This paragraph shall only apply to a request made for a
certified copy of a certificate of death.
(5) An applicant that is a funeral establishment responsible
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for filing the death record of an individual specified under
subsection (d). This paragraph shall only apply to a request
made for a certified copy of a certificate of death.
(f) The fee waiver under subsection (d) shall apply
regardless of whether an individual specified under subsection
(d)(2) or (3) predeceased or survived any other individual who
qualifies for the fee waiver.
(g) The fee waiver under subsection (d) shall apply to the
first ten (10) certified copies of the same record or parts
thereof issued by, or on behalf of, the department during a
calendar year for an applicant under subsection (e).
(h) As used in this section, the term "veteran" means an
individual who served in the United States Armed Forces,
including a reserve component or the National Guard, and who was
discharged or released from service under conditions other than
dishonorable.
Section 2 4. This act shall take effect in 60 days.
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