2024 Pennsylvania Consolidated & Unconsolidated Statutes
Act 137 - VITAL STATISTICS LAW OF 1953 - PRONOUNCEMENT OF DEATH BY A PRACTICAL NURSE AND FEES FOR COPIES
Session of 2024
No. 2024-137
SB 1080
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 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. 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:
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--
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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 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 regulations of the State Board of Nursing and the regulations of 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 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 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 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 4. This act shall take effect in 60 days.
APPROVED--The 31st day of October, A.D. 2024.
JOSH SHAPIRO
