HRS §327C-1 Determination of death
327C-1. Determination of death
(a) Except as provided in subsection (b), a person shall be considered dead if, in the announced opinion of a physician or osteopathic physician licensed under part I of chapter 453, physician or osteopathic physician excepted from licensure by section 453-2(b)(3), physician assistant licensed under chapter 453, or registered nurse licensed under chapter 457, based on ordinary standards of current medical practice, the person has experienced irreversible cessation of spontaneous respiratory and circulatory functions. Death will have occurred at the time when the irreversible cessation of the functions first coincided.
(b) In the event that artificial means of
support preclude a determination that respiratory and circulatory functions
have ceased, a person shall be considered dead if, in the opinion of an
attending physician or osteopathic physician licensed under part I of chapter
453, or attending physician or osteopathic physician excepted from licensure by
section 453-2(b)(3), and of a consulting physician or osteopathic physician licensed
under part I of chapter 453, or consulting physician or osteopathic physician excepted
from licensure by section 453-2(b)(3), based on ordinary standards of current
medical practice, the person has experienced irreversible cessation of all
functions of the entire brain, including the brain stem. The opinions of the
physicians or osteopathic physicians shall be evidenced by signed statements.
Death will have occurred at the time when the irreversible cessation of all
functions of the entire brain, including the brain stem, first occurred. Death
shall be pronounced before artificial means of support are withdrawn and before
any vital organ is removed for purposes of transplantation.
(c) When a part of a donor is used for direct
organ transplantation under chapter 327, and the donor's death is established
by determining that the donor experienced irreversible cessation of all
functions of the entire brain, including the brain stem, the determination
shall only be made under subsection (b). The determination of death in all
other cases shall be made under subsection (a). The physicians or osteopathic
physicians making the determination of death shall not participate in the
procedures for removing or transplanting a part, or in the care of any
recipient.
(d) All death determinations in the State
shall be made pursuant to this section and shall apply to all purposes,
including but not limited to civil and criminal actions, any laws to the
contrary notwithstanding; provided that presumptive deaths under the Uniform
Probate Code shall not be affected by this section.
(e) The director of health may convene in
every odd-numbered year, a committee which shall be composed of representatives
of appropriate general and specialized medical professional organizations,
licensed attorneys, and members of the public. The committee shall review
medical practice, legal developments, and other appropriate matters to
determine the continuing viability of this section, and shall submit a report
of its findings and recommendations to the legislature, prior to the convening
of the regular session held in each even-numbered year.
[L 1978, c 248, §1; am
L 1979, c 193, §1; am L 1982, c 112, §1; am L 1983, c 216, §1; am L 1984, c
189, §1; am L 1985, c 197, §1; am L 1997, c 70, §1; am L 1998, c 277, §1; am L
2009, c 11, §39 and c 151, §14]