The 2000 Florida Statutes Title XXIX PUBLIC HEALTH Chapter
382 Vital Statistics View Entire Chapter 382.009 Recognition of brain
death under certain circumstances.--
(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
(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 1s. 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. 1Note.--Substituted by the editors for a reference
to s. 768.45, which was transferred to s. 766.102 by the reviser incident
to compiling the 1988 Supplement to the Florida Statutes 1987. Note.--Former
Copyright 2000 State of Florida
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