Pennsylvania Statutes Title 35 P.S. Health and Safety § 450.508. Death and fetal death registration:  Pronouncement of death by a practical nurse

(1) The patient is in the care of a licensed hospice.

(2) The patient has a valid Do Not Resuscitate Order issued in accordance with the laws of this Commonwealth.

(3) The practical nurse is conducting a focused assessment to identify the cessation of circulatory and respiratory functions as provided under the act of December 17, 1982 (P.L. 1401, No. 323),  1 known as the “Uniform Determination of Death Act.”

(4) The practical nurse has received training in accordance with subsection (e).

(1) In accordance with 42 CFR 418.100 (relating to condition of participation:  organization and administration of services) in effect on the effective date of this clause, a hospice shall conduct an initial training upon hiring, an annual training and an annual assessment of the skills and competence of a practical nurse who will assess the vital signs of a patient to determine cessation of circulatory and respiratory function.

(2) Each practical nurse must be trained for a minimum of three hours in vital signs training, postmortem care, grief training and circumstances requiring a coroner's investigation.

(3) A hospice shall have written policies and procedures describing its method of assessment of competency and maintain a written description of the in-service training provided during the previous twelve months.

(1) A practical nurse and an employing agency of a practical nurse acting in good faith and in compliance with the provisions of this act, the regulations of the State Board of Nursing and the regulations of the Department of Health shall be immune from liability claims by reason of pronouncing death under this section.

(2) Nothing under this section shall impose an obligation on a practical nurse to carry out the function authorized by this section.

(3) Nothing under this section is intended to relieve a practical nurse of civil or criminal liability that might otherwise be incurred for failing to follow the rules and regulations of the State Board of Nursing.

(4) Nothing under this section shall preempt the requirements of 20 Pa.C.S. Ch. 86 (relating to anatomical gifts).

(1) licensed under the act of March 2, 1956 (1955 P.L. 1211, No. 376),  3 known as the “Practical Nurse Law”;  or

(2) authorized to practice practical nursing in this Commonwealth.