Bill Summary – FastDemocracy

HOUSE AMENDED
     PRIOR PRINTER'S NO. 1396                           PRINTER'S NO.   1940
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                        SENATE BILL
                        No. 1080
                                                 Session of
                                                   2024
     INTRODUCED BY CULVER, PENNYCUICK, CAPPELLETTI, J. WARD, SCHWANK
        AND FARRY, FEBRUARY 23, 2024
     AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
        OCTOBER 7, 2024
                                    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 death and fetal death registration, providing    <--
    for pronouncement of death by a practical nurse. 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.    The act of June 29, 1953 (P.L.304, No.66), known   <--
 as the Vital Statistics Law of 1953, is amended by adding a
 section to read:
    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--
    * * *
    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
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 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
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 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 procedural 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
20240SB1080PN1940                    - 4 -
 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
20240SB1080PN1940                  - 5 -
 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 2 4.   This act shall take effect in 60 days.            <--
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Statutes/Laws affected: 
Printer's No. 1396: P.L.304, No.66
Printer's No. 1940: P.L.304, No.66, P.L.304, NO.66