General Assembly: 79 (2001 Regular GA) - Chapter 113 - Determination and pronouncement of death


Published: 2001

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215 LAWS OF THE SEVENTY-NINTH G.A., 2001 SESSION CH. 113

granted or a final order shall not be entered until the parties have complied with this section. unless participation in the course is waived or delayed for good cause or is otherwise not required under this subsection.

3. Each party shall submit certification of completion of the course to the court prior to the granting of a final decree or the entry of an order, unless participation in the course is waived or delayed for good cause or is otherwise not required under subsection 1.

Sec. 3. Section 598.19A, Code 2001, is amended by adding the following new subsection: NEW SUBSECTION. 3A. If participation in the court-approved course is waived or de-

layed for good cause or is otherwise not required under this section, the court may order that the parties receive the information described in subsection 4 through an alternative format.

Approved May 3,2001

CHAPTER 113 DETERMINATION AND PRONOUNCEMENT OF DEATH

H.F.354

AN ACT relating to the pronouncement of death by a physician assistant, a licensed practical nurse, or a registered nurse.

Be It Enacted by the General Assembly of the State of Iowa:

Section l. Section 148C.4, Code 2001, is amended to read as follows: 148C.4 SERVICES PERFORMED BY ASSISTANTS. A physician assistant may perform medical services when the services are rendered under

the supervision of the physician or physicians specified in the physician assistant license approved by the board. A trainee may perform medical services when the services are rendered within the scope of an approved program. For the purposes of this section. "medi- cal services rendered under the supervision of the physician or physicians specified in the physician assistant license approved by the board" includes making a pronouncement of death for a patient whose death is anticipated if the death occurs in a licensed hospital, a licensed health care facility. a Medicare-certified home health agency. or a Medicare-certi- fied hospice program or facility. with notice of the death to a physician and in accordance with the directions of a physician.

Sec. 2. Section 152.1, subsection 4, Code 2001, is amended by adding the following new paragraph:

NEW PARAGRAPH. c. Make the pronouncement of death for a patient whose death is anticipated if the death occurs in a licensed hospital, a licensed health care facility, a Medi- care-certified home health agency, or a Medicare-certified hospice program or facility, with notice of the death to a physician and in accordance with any directions of a physician.

Sec. 3. Section 152.1, subsection 6, Code 2001, is amended by adding the following new paragraph after paragraph d:

NEW PARAGRAPH. dd. Make the pronouncement of death for a patient whose death is anticipated if the death occurs in a licensed hospital, a licensed health care facility, a Medi- care-certified home health agency, or a Medicare-certified hospice program or facility, with notice of the death to a physician and in accordance with any directions of a physician.

CH. 113 LAWS OF THE SEVENTY-NINTH G.A., 2001 SESSION 216

Sec. 4. Section 152.1, subsection 6, paragraph e, Code 2001, is amended to read as follows:

e. Apply to the abilities enumerated in paragraphs "a" through ~ "dd" of this subsection scientific principles, including the principles of nursing skills and of biological, physical, and psychosocial sciences.

Sec. 5. Section 702.8, Code 2001, is amended to read as follows: 702.8 DEATH. "Death" means the condition determined by the following standard: A person will be

considered dead if in the announced opinion of a physician, licensed pursuant to chapter 148, 150, or 150A, a physician assistant licensed pursuant to chapter 148C, or a registered nurse or a licensed practical nurse licensed pursuant to chapter 152, based on ordinary standards of medical practice, that person has experienced an irreversible cessation of spon- taneous respiratory and circulatory functions. In the event that artificial means of support preclude a determination that these functions have ceased, a person will be considered dead if in the announced opinion of two physicians, based on ordinary standards of medical practice, that person has experienced an irreversible cessation of spontaneous brain func- tions. Death will have occurred at the time when the relevant functions ceased.

Approved May 3,2001

CHAPTER 114 AREA EDUCATION AGENCY ACCREDITATION

AND REORGANIZATION OR DISSOLUTION H.F.674

AN ACT relating to the accreditation and reorganization or dissolution of an area education agency.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 273.10, subsection 3, unnumbered paragraph 2, Code 2001, is amended to read as follows:

Approval, if granted, shall be for a term of three five years. However, the state board may grant conditional approval for a term of less than three five years if conditions warrant.

DIVISION REORGANIZATION OR DISSOLUTION

Sec. 2. NEW SECTION. 273.20 DEFINITIONS. When used in this division, unless the context otherwise requires: 1. "Affected area education agency" or "affected agency" means an area education agency

whose board of directors is contemplating or engaged in reorganization efforts in accor- dance with this division.

2. "Affected board" means the board of directors of an area education agency that is contemplating or engaged in reorganization efforts in accordance with this division.

3. "Department" means the department of education. 4. "State board" means the state board of education.