(1) For legal and medical purposes, where respiratory and circulatory functions are maintained by artificial means of support so as to preclude a determination that these functions have ceased, the occurrence of death may be determined where there is the irreversible cessation of the functioning of the entire brain, including the brain stem, determined in accordance with this section.
(2) Determination of death pursuant to this section shall be made in accordance with currently accepted reasonable medical standards by two physicians licensed under chapter 458 or chapter 459. One physician shall be the treating physician, and the other physician shall be a board-eligible or board-certified neurologist, neurosurgeon, internist, pediatrician, surgeon, or anesthesiologist.
(3) The next of kin of the patient shall be notified as soon as practicable of the procedures to determine death under this section. The medical records shall reflect such notice; if such notice has not been given, the medical records shall reflect the attempts to identify and notify the next of kin.
(4) No recovery shall be allowed nor shall criminal proceedings be instituted in any court in this state against a physician or licensed medical facility that makes a determination of death in accordance with this section or which acts in reliance thereon, if such determination is made in accordance with the accepted standard of care for such physician or facility set forth in s. 766.102. Except for a diagnosis of brain death, the standard set forth in this section is not the exclusive standard for determining death or for the withdrawal of life support systems.
History.—s. 1, ch. 80-216; s. 8, ch. 87-387; s. 84, ch. 2014-17.
Note.—Former s. 382.085.
Structure Florida Statutes
Chapter 382 - Vital Statistics
382.003 - Powers and Duties of the Department.
382.004 - Reproduction and Destruction of Records.
382.005 - Duties of Local Registrars.
382.006 - Burial-Transit Permit.
382.008 - Death, Fetal Death, and Nonviable Birth Registration.
382.0085 - Stillbirth Registration.
382.0086 - Certificate of Nonviable Birth.
382.009 - Recognition of Brain Death Under Certain Circumstances.
382.011 - Medical Examiner Determination of Cause of Death.
382.012 - Presumptive Death Certificate.
382.0135 - Social Security Numbers; Enumeration-at-Birth Program.
382.015 - New Certificates of Live Birth; Duty of Clerks of Court and Department.
382.016 - Amendment of Records.
382.019 - Delayed Registration; Administrative Procedures.
382.0195 - Court-Issued Delayed Birth Certificate.
382.021 - Department to Receive Marriage Licenses.
382.022 - Marriage Application Fees.
382.023 - Department to Receive Dissolution-of-Marriage Records; Fees.
382.025 - Certified Copies of Vital Records; Confidentiality; Research.
382.355 - Birth Records of Missing Children, Registrars’ Duties.
382.356 - Protocol for Sharing Certain Birth Certificate Information.