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Delaware Code Title 24. Professions and Occupations § 1760. Determination of death

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) An individual who has sustained either:

(1) Irreversible cessation of circulatory and respiratory functions or

(2) Irreversible cessation of all functions of the entire brain, including the brain stem,

is dead.  A determination of death pursuant to this section must be made in accordance with accepted medical standards.

(b) A determination of death pursuant to this section may be made by a person certified to practice medicine under this chapter by either:

(1) Personal examination of the individual believed to be dead, or

(2) The use of information provided by an EMT-P (paramedic) using telemetric or transtelephonic means in accordance with protocols approved by the Board of Medical Licensure and Discipline, following recommendations of the Board's Advanced Life Support Committee.

(c) This section must be applied and construed to effectuate its general purpose to make uniform the law with respect to the determination of death among states enacting it.

(d) This section may be cited as the “Uniform Determination of Death Act”.

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Cite this article: FindLaw.com - Delaware Code Title 24. Professions and Occupations § 1760. Determination of death - last updated January 01, 2026 | https://codes.findlaw.com/de/title-24-professions-and-occupations/de-code-sect-24-1760/

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