Kentucky Statutes 311A.185 – Determination of death by paramedic — Notification — Instruction in making determination — Administration of life support measures
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(1) When it appears that a person whom a paramedic who has successfully completed training in determination of death has been called to attend is dead, the paramedic shall, utilizing the protocol specified by the board by administrative regulation, determine whether or not the patient is dead after resuscitation of the patient is attempted by the paramedic or an emergency medical technician who has responded with or after the paramedic, unless the protocol indicates that the patient is not capable of being resuscitated. If, after resuscitation has been attempted on a patient who the protocol deems is capable of being resuscitated, the patient has not been successfully resuscitated according to the protocol, the paramedic may discontinue further resuscitation efforts and proceed to determine whether the patient is dead and whether to declare the patient dead. If it is determined that death has occurred in accordance with the procedures of KRS § 446.400 with regard to patients who have not been resuscitated, the paramedic may make the actual determination and pronouncement of death. This section shall not apply to patients who are in a hospital when apparent death occurs.
(2) In the event that a paramedic determines that a person is dead, the paramedic shall make the notifications required by KRS § 72.020 and take the protective actions required by that statute.
(3) Any paramedic course taught after July 15, 1998, shall include a course of instruction on the determination of death and preservation of evidence as required by the board by administrative regulation.
(4) Any paramedic from another jurisdiction desiring to become a paramedic in Kentucky shall show evidence of successful completion of a training course in Kentucky meeting the requirements of subsection (3) of this section, and licensure as a paramedic shall be denied if the required evidence is not shown.
(5) The administration of cardiopulmonary resuscitation or other basic life support measures to the apparently dead person prior to the arrival of the paramedic by any person, for the purposes of this section and KRS § 446.400, shall not be considered as artificial maintenance of respiration and circulation. The administration of advanced cardiac life support procedures by any person, other than a registered nurse , prior to the arrival of the paramedic shall preclude the determination of death by the paramedic, and the provisions of KRS § 446.400 shall apply. However, nothing in this section shall preclude the supervising physician from directing the paramedic to cease resuscitative efforts under approved agency medical protocols.
(6) The resuscitative efforts of a paramedic under the protocols authorized by this section shall not invoke the provisions of KRS § 446.400.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 183, sec. 12, effective July 14, 2018. — Created
2002 Ky. Acts ch. 211, sec. 34, effective July 15, 2002.
(2) In the event that a paramedic determines that a person is dead, the paramedic shall make the notifications required by KRS § 72.020 and take the protective actions required by that statute.
Terms Used In Kentucky Statutes 311A.185
- Board: means the Kentucky Board of Emergency Medical Services. See Kentucky Statutes 311A.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Paramedic: means a person who is involved in the delivery of medical services and is licensed under this chapter. See Kentucky Statutes 311A.010
- Statute: A law passed by a legislature.
(3) Any paramedic course taught after July 15, 1998, shall include a course of instruction on the determination of death and preservation of evidence as required by the board by administrative regulation.
(4) Any paramedic from another jurisdiction desiring to become a paramedic in Kentucky shall show evidence of successful completion of a training course in Kentucky meeting the requirements of subsection (3) of this section, and licensure as a paramedic shall be denied if the required evidence is not shown.
(5) The administration of cardiopulmonary resuscitation or other basic life support measures to the apparently dead person prior to the arrival of the paramedic by any person, for the purposes of this section and KRS § 446.400, shall not be considered as artificial maintenance of respiration and circulation. The administration of advanced cardiac life support procedures by any person, other than a registered nurse , prior to the arrival of the paramedic shall preclude the determination of death by the paramedic, and the provisions of KRS § 446.400 shall apply. However, nothing in this section shall preclude the supervising physician from directing the paramedic to cease resuscitative efforts under approved agency medical protocols.
(6) The resuscitative efforts of a paramedic under the protocols authorized by this section shall not invoke the provisions of KRS § 446.400.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 183, sec. 12, effective July 14, 2018. — Created
2002 Ky. Acts ch. 211, sec. 34, effective July 15, 2002.