26:6A-4 - Physician to declare death - New Jersey Statutes

26:6A-4.     Physician to declare death 
     a.   A declaration of death upon the basis of neurological criteria pursuant to section 3 of this act shall be made by a licensed physician professionally qualified by specialty or expertise, in accordance with currently accepted medical standards and additional requirements, including appropriate confirmatory tests, as are provided pursuant to this act. 

    b.   Subject to the provisions of this act, the Department of Health, jointly with the Board of Medical Examiners, shall adopt, and from time to time revise, regulations setting forth (1)  requirements, by specialty or expertise, for physicians authorized to declare death upon the basis of neurological criteria; and (2)  currently accepted medical standards, including criteria, tests and procedures, to govern declarations of death upon the basis of neurological criteria.  The initial regulations shall be issued within 120 days of the enactment of this act. 

    c.   If the individual to be declared dead upon the basis of neurological criteria is or may be an organ donor, the physician who makes the declaration that death has occurred shall not be the organ transplant surgeon, the attending physician of the organ recipient, nor otherwise an individual subject to a potentially significant conflict of interest relating to procedures for organ procurement. 

    d.   If death is to be declared upon the basis of neurological criteria, the time of death shall be upon the conclusion of definitive clinical examinations and any confirmation necessary to determine the irreversible cessation of all functions of the entire brain, including the brain stem. 

    L.1991,c.90,s.4.