SB582: SB582 Coroners; the pronouncement of death by paramedics and emergency medical technicians; authorize

26 LC 64 0034 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 to1 coroners, so as to authorize the pronouncement of death by para medics and emergency2 medical technicians; to amend Code Section 31-10-16 of the Offi cial Code of Georgia3 Annotated, relating to criteria for pronouncing death and immun ity from liability, so as to4 make a conforming change; to provide for related matters; to repeal conflicting laws; and for5 other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 16 of Title 45 of the Official Code of Georgia Annotate d, relating to coroners, is9 amended by revising subsection (a) of Code Section 45-16-23, re lating to delegation of10 power by coroner or county medical examiner and qualifications of those authorized to11 perform examinations, as follows:12 "(a)(1) Notwithstanding any other provision of this chapter, an y coroner or county13 medical examiner may delegate to a local medical examiner, fore nsic consultant, or14 medical examiner's investigator the power to perform those duti es of such coroner or15 medical examiner specified in this article if the person to who m such power is thus16 delegated meets the applicable requirements of this Code section for the performance of17 S. B. 582 - 1 - 26 LC 64 0034 such duties, but the performance of those delegated duties shal l not in any manner18 infringe upon or diminish the authority of the peace officer in charge at the scene of the19 crime.20 (2) Notwithstanding any other provision of this chapter, in cases of death resulting from21 an accident upon an interstate highway or limited-access road as such terms are defined22 in Code Section 32-1-3, any coroner or county medical examiner may delegate to medical23 personnel otherwise qualified to meet the requirements of this article the power to24 perform those duties of such coroner or county medical examiner specified in this article. 25 The delegation provided for in this paragraph shall occur only when the accident results26 in a significant disruption to the flow of traffic upon the int erstate highway or27 limited-access road.28 (3) A paramedic or emergency medical technician, as such terms are defined in Code29 Section 31-11-2, shall be authorized to make a pronouncement of death only in cases30 when authorization to make such pronouncement of death has been delegated by a31 coroner or medical examiner.32 (4) A person who acts in good faith in accordance with the provisions of this subsection33 shall not be liable for damages in any civil action or subject to prosecution in any34 criminal proceeding for such act."35 SECTION 2.36 Code Section 31-10-16 of the Official Code of Georgia Annotated , relating to criteria for37 pronouncing death and immunity from liability, is amended as follows:38 "31-10-16.39 (a) A person may be pronounced dead by a qualified physician, by a registered40 professional nurse or nurse practitioner authorized to make a p ronouncement of death41 under Code Section 31-7-16 or 31-7-176.1, by an advanced practi ce registered nurse42 authorized to make a pronouncement of death under subsection (o ) of Code43 S. B. 582 - 2 - 26 LC 64 0034 Section 43-34-25, or by a physician assistant authorized to make a pronouncement of death44 under Code Section 31-7-16 or 31-7-176.1 or subsection (j) of C ode Section 43-34-103,45 or by a paramedic or emergency medical technician authorized to make a pronouncement46 of death under Code Section 45-16-23 if it is determined that the individual has sustained47 either (1) irreversible cessation of circulatory and respiratory function or (2) irreversible48 cessation of all functions of the entire brain, including the brain stem.49 (b) A person who acts in good faith in accordance with the provisions of subsection (a) of50 this Code section shall not be liable for damages in any civil action or subject to51 prosecution in any criminal proceeding for such act.52 (c) The criteria for determining death authorized in subsectio n (a) of this Code section53 shall be cumulative to and shall not prohibit the use of other medically recognized criteria54 for determining death."55 SECTION 3.56 All laws and parts of laws in conflict with this Act are repealed.57 S. B. 582 - 3 -