Senate Bill 582
By: Senators Williams of the 25th and Albers of the 56th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to
coroners, so as to authorize the pronouncement of death by paramedics and emergency
medical technicians; to amend Code Section 31-10-16 of the Official Code of Georgia
Annotated, relating to criteria for pronouncing death and immunity from liability, so as to
make a conforming change; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is
amended by revising subsection (a) of Code Section 45-16-23, relating to delegation of
power by coroner or county medical examiner and qualifications of those authorized to
perform examinations, as follows:
"(a)(1) Notwithstanding any other provision of this chapter, any coroner or county
medical examiner may delegate to a local medical examiner, forensic consultant, or
medical examiner's investigator the power to perform those duties of such coroner or
medical examiner specified in this article if the person to whom such power is thus
delegated meets the applicable requirements of this Code section for the performance of
such duties, but the performance of those delegated duties shall not in any manner
infringe upon or diminish the authority of the peace officer in charge at the scene of the
crime.
(2) Notwithstanding any other provision of this chapter, in cases of death resulting from
an accident upon an interstate highway or limited-access road as such terms are defined
in Code Section 32-1-3, any coroner or county medical examiner may delegate to medical
personnel otherwise qualified to meet the requirements of this article the power to
perform those duties of such coroner or county medical examiner specified in this article.
The delegation provided for in this paragraph shall occur only when the accident results
in a significant disruption to the flow of traffic upon the interstate highway or
limited-access road.
<ins>(3) A paramedic or emergency medical technician, as such terms are defined in Code
Section 31-11-2, shall be authorized to make a pronouncement of death only in cases
when authorization to make such pronouncement of death has been delegated by a
coroner or medical examiner.
(4) A person who acts in good faith in accordance with the provisions of this subsection
shall not be liable for damages in any civil action or subject to prosecution in any
criminal proceeding for such act."
</ins> SECTION 2.
Code Section 31-10-16 of the Official Code of Georgia Annotated, relating to criteria for
pronouncing death and immunity from liability, is amended as follows:
"31-10-16.
(a) A person may be pronounced dead by a qualified physician, by a registered
professional nurse or nurse practitioner authorized to make a pronouncement of death
under Code Section 31-7-16 or 31-7-176.1, by an advanced practice registered nurse
authorized to make a pronouncement of death under subsection (o) of Code
Section 43-34-25, <del>or</del> by a physician assistant authorized to make a pronouncement of death
under Code Section 31-7-16 or 31-7-176.1 or subsection (j) of Code Section 43-34-103,
<ins>or by a paramedic or emergency medical technician authorized to make a pronouncement
of death under Code Section 45-16-23</ins> if it is determined that the individual has sustained
<del>either (1)</del> irreversible cessation of circulatory and respiratory function <del>or (2) irreversible
cessation of all functions of the entire brain, including the brain stem.
</del> (b) A person who acts in good faith in accordance with the provisions of subsection (a) of
this Code section shall not be liable for damages in any civil action or subject to
prosecution in any criminal proceeding for such act.
(c) The criteria for determining death authorized in subsection (a) of this Code section
shall be cumulative to and shall not prohibit the use of other medically recognized criteria
for determining death."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.