§ 9:111 — Definition of death

Louisiana § 9:111

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§111. Definition of death
A. A person will be considered dead if in the announced opinion of a physician, duly
licensed in the state of Louisiana based on ordinary standards of approved medical practice,
the person has experienced an irreversible cessation of spontaneous respiratory and
circulatory functions. In the event that artificial means of support preclude a determination
that these functions have ceased, a person will be considered dead if in the announced
opinion of a physician, duly licensed in the state of Louisiana based upon ordinary standards
of approved medical practice, the person has experienced an irreversible total cessation of
brain function. Death will have occurred at the time when the relevant functions ceased. In
any case when organs are to be used in a transplant, then an additional physician, duly
licensed in the state of Louisiana not a member of the transplant team, must make the
pronouncement of death unless a hospital has adopted a written policy allowing that a single
physician, duly licensed in the state of Louisiana, not a member of the transplant team, may
make the pronouncement of death. In all cases in which a hospital written policy provides
that a single physician makes the pronouncement of death, such policy shall also require an
opinion by a second physician, not a member of the transplant team, as to the candidacy of
the person for the process of organ donation.
B. The medical pronouncement of death by a coroner may also be based on personal
observation, information, or statements obtained from coroner investigators, registered
nurses, physician assistants, or emergency medical technicians at the scene who are reporting
from firsthand observation of the physical condition of the deceased. The time of death shall
be reported as the time that the death was reported or discovered. The name of the personnel
that the coroner is relying on shall be noted on the coroner's investigative report.

Legislative History

Added by Acts 1976, No. 233, §1; Acts 2001, No. 317, §1; Acts 2010, No. 937, §1, eff. July 1, 2010; Acts 2015, No. 302, §1.