ASSEMBLY, No. 3586
STATE OF NEW JERSEY
INTRODUCED DECEMBER 10, 2012
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)
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 reported by the Assembly Health and Senior Services Committee on January 14, 2013, with amendments.
An Act concerning 1[the determination] declarations1 of death 1[by] upon the basis of1 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 1exercise of the1 physician’s 1best1 medical judgment and in accordance with currently accepted medical standards [and additional requirements, including appropriate confirmatory tests, as are provided pursuant to this act] 1[that are based upon nationally recognized sources of practice guidelines, including, but not limited to, those adopted by the American Academy of Neurology]1.
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 1[criteria,]1 test 1[,]1 or procedure in the 1[determination] declaration1 of death 1[by] upon the basis of1 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, 1[nor] or1 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
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.