Delaware Statutes

§ 1760 — Determination of death

Delaware·Title 24·Ch. 17 MEDICAL PRACTICE ACT·Subch. Miscellaneous Provisions
(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.

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Legislative History

65 Del. Laws, c. 237, § 1 ; 67 Del. Laws, c. 156, § 1 ; 75 Del. Laws, c. 141, § 1 ; 77 Del. Laws, c. 319, § 1

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