Bill Text: NJ S1167 | 2014-2015 | Regular Session | Introduced

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Bill Title: Removes statutory authority of DOH and Board of Medical Examiners over medical standards governing declarations of death upon the basis of neurological criteria.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-30 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S1167 Detail]

Download: New_Jersey-2014-S1167-Introduced.html

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SENATE, No. 1167

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED JANUARY 30, 2014

 

 

Sponsored by:

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Removes statutory authority of DOH and Board of Medical Examiners over medical standards governing declarations of death upon the basis of neurological criteria.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning declarations of death upon the basis of neurological criteria and amending P.L.1991, c.90.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 4 of P.L.1991, c.90 (C.26:6A-4) is amended to read as follows:

     4.    a.  A declaration of death upon the basis of neurological criteria pursuant to section 3 of this act shall be made by a licensed physician professionally qualified by specialty or expertise, based upon the exercise of the physician's best medical judgment and in accordance with currently accepted medical standards [and additional requirements, including appropriate confirmatory tests, as are provided pursuant to this act] ¹that are based upon nationally recognized sources of practice guidelines, including, but not limited to, those adopted by the American Academy of Neurology¹.

     b.    Subject to the provisions of this act, the Department of Health, jointly with the State Board of Medical Examiners, shall adopt, and from time to time revise, regulations setting forth [(1)] requirements, by specialty or expertise, for physicians authorized to declare death upon the basis of neurological criteria[; and (2) currently accepted medical standards, including criteria, tests and procedures, to govern declarations of death upon the basis of neurological criteria].  The [initial] regulations shall [be issued within 120 days of the enactment of this act] not require the use of any specific test or procedure in the declaration of death upon the basis of neurological criteria.

     c.    If the individual to be declared dead upon the basis of neurological criteria is or may be an organ donor, the physician who makes the declaration that death has occurred shall not be the organ transplant surgeon, the attending physician of the organ recipient, [nor] or otherwise an individual subject to a potentially significant conflict of interest relating to procedures for organ procurement.

     d.    If death is to be declared upon the basis of neurological criteria, the time of death shall be upon the conclusion of definitive clinical examinations and any confirmation necessary to determine the irreversible cessation of all functions of the entire brain, including the brain stem.

(cf: P.L.1991, c.90, s.4)

 

     2.    This act shall take effect on the first day of the third month next following the date of enactment, but the Department of Health, jointly with the State Board of Medical Examiners, may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     The bill amends section 4 of P.L.1991, c.90 (C.26:6A-4) to remove the statutory authority of the Department of Health (DOH) and the State Board of Medical Examiners (BME) over medical standards governing declarations of death upon the basis of neurological criteria.

     The bill requires that a declaration of death upon the basis of neurological criteria be made by a licensed physician professionally qualified by specialty or expertise, based upon the exercise of the physician's best medical judgment and in accordance with currently accepted medical standards that are based upon nationally recognized sources of practice guidelines, including, but not limited to, those adopted by the American Academy of Neurology.

     The bill deletes the statutory provisions that authorize joint DOH/BME regulations setting forth currently accepted medical standards (including criteria, tests, and procedures) to govern declarations of death upon the basis of neurological criteria.  Furthermore, the bill explicitly prohibits the joint DOH/BME regulations, concerning the declaration of death upon the basis of neurological criteria, from requiring the use of any specific test or procedure in the declaration of death upon the basis of such criteria.

     The bill does retain the current statutory authority of DOH and BME to jointly adopt and periodically revise regulations setting forth requirements, by specialty or expertise, for physicians authorized to declare death upon the basis of neurological criteria.

     The bill takes effect on the first day of the third month following the date of enactment, but authorizes DOH, jointly with BME, to take prior administrative action as necessary for its implementation.

     The bill specifies that the currently accepted medical standards to be used to declare death are to be "based upon nationally recognized sources of practice guidelines, including, but not limited to, those adopted by the American Academy of Neurology."