{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2972.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2972.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2972.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2972.html"}],"law_id":59523,"edition_id":1,"section_id":59523,"structure_id":12760,"section_number":"54.1-2972","catch_line":"When person deemed medically and legally dead; determination of death; nurses’, licensed practical nurses’, physician assistants’, or advanced practice registered nurses’ authority to pronounce death under certain circumstances","history":"Code 1950, \u00a7 32-364.3:1; 1973, c. 252; 1979, c. 720, \u00a7 54-325.7; 1986, c. 237; 1988, c. 765; 1996, c. 1028; 1997, cc. 107, 453; 2002, c. 92; 2004, c. 92; 2010, c. 46; 2011, c. 613; 2012, c. 136; 2014, cc. 73, 583; 2016, c. 97; 2021, Sp. Sess. I, c. 210; 2022, cc. 184, 198; 2023, c. 183.","full_text":"A\n\nAs used in this section, “autonomous nurse practitioner” means a nurse practitioner who is authorized to practice without a practice agreement pursuant to subsection I of § 54.1-2957.B\n\nA person shall be medically and legally dead if:1\n\nIn the opinion of a physician duly authorized to practice medicine in the Commonwealth or autonomous nurse practitioner, based on the ordinary standards of medical practice, there is the absence of spontaneous respiratory and spontaneous cardiac functions and, because of the disease or condition that directly or indirectly caused these functions to cease, or because of the passage of time since these functions ceased, attempts at resuscitation would not, in the opinion of such physician or autonomous nurse practitioner, be successful in restoring spontaneous life-sustaining functions, and, in such event, death shall be deemed to have occurred at the time these functions ceased; or2\n\nIn the opinion of a physician, who shall be duly licensed to practice medicine in the Commonwealth and board-eligible or board-certified in the field of neurology, neurosurgery, or critical care medicine, when based on the ordinary standards of medical practice, there is irreversible cessation of all functions of the entire brain, including the brain stem, and, in the opinion of such physician, based on the ordinary standards of medical practice and considering the irreversible cessation of all functions of the entire brain, including the brain stem, and the patient’s medical record, further attempts at resuscitation or continued supportive maintenance would not be successful in restoring such functions, and, in such event, death shall be deemed to have occurred at the time when all such functions have ceased.C\n\nA registered nurse, a physician assistant, or an advanced practice registered nurse who is not an autonomous nurse practitioner may pronounce death if the following criteria are satisfied: (i) the nurse is employed by or the physician assistant or advanced practice registered nurse who is not an autonomous nurse practitioner works at (a) a home care organization as defined in § 32.1-162.7, (b) a hospice as defined in § 32.1-162.1, (c) a hospital or nursing home as defined in § 32.1-123, including state-operated hospitals for the purposes of this section, (d) the Department of Corrections, or (e) a continuing care retirement community registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2; (ii) the nurse, physician assistant, or advanced practice registered nurse who is not an autonomous nurse practitioner is directly involved in the care of the patient; (iii) the patient’s death has occurred; (iv) the patient is under the care of a physician or autonomous nurse practitioner when his death occurs; (v) the patient’s death has been anticipated; and (vi) the physician or autonomous nurse practitioner is unable to be present within a reasonable period of time to determine death. A licensed practical nurse may pronounce death for a patient in hospice pursuant to a valid Do Not Resuscitate Order issued in accordance with § 54.1-2987.1. The nurse, licensed practical nurse, physician assistant, or advanced practice registered nurse who is not an autonomous nurse practitioner shall inform the patient’s attending and consulting physician or autonomous nurse practitioner of the patient’s death as soon as practicable.\n\t\t\tThe nurse, licensed practical nurse, physician assistant, or advanced practice registered nurse who is not an autonomous nurse practitioner shall have the authority to pronounce death in accordance with such procedural regulations, if any, as may be promulgated by the Board of Medicine; however, if the circumstances of the death are not anticipated or the death requires an investigation by the Office of the Chief Medical Examiner, such nurse, licensed practical nurse, physician assistant, or advanced practice registered nurse shall notify the Office of the Chief Medical Examiner of the death and the body shall not be released to the funeral director.\n\t\t\tThis subsection shall not authorize a nurse, licensed practical nurse, physician assistant, or advanced practice registered nurse who is not an autonomous nurse practitioner to determine the cause of death. Determination of cause of death shall continue to be the responsibility of the attending physician or autonomous nurse practitioner, except as provided in § 32.1-263. Further, this subsection shall not be construed to impose any obligation to carry out the functions of this subsection.\n\t\t\tThis subsection shall not relieve any registered nurse, licensed practical nurse, physician assistant, or nurse practitioner who is not an autonomous nurse practitioner from any civil or criminal liability that might otherwise be incurred for failure to follow statutes or Board of Nursing or Board of Medicine regulations.D\n\nThe alternative definitions of death provided in subdivisions B 1 and 2 may be utilized for all purposes in the Commonwealth, including the trial of civil and criminal cases.","order_by":null,"text":{"0":{"id":218081,"text":"As used in this section, “autonomous nurse practitioner” means a nurse practitioner who is authorized to practice without a practice agreement pursuant to subsection I of § 54.1-2957.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218082,"text":"A person shall be medically and legally dead if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":218083,"text":"In the opinion of a physician duly authorized to practice medicine in the Commonwealth or autonomous nurse practitioner, based on the ordinary standards of medical practice, there is the absence of spontaneous respiratory and spontaneous cardiac functions and, because of the disease or condition that directly or indirectly caused these functions to cease, or because of the passage of time since these functions ceased, attempts at resuscitation would not, in the opinion of such physician or autonomous nurse practitioner, be successful in restoring spontaneous life-sustaining functions, and, in such event, death shall be deemed to have occurred at the time these functions ceased; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":218084,"text":"In the opinion of a physician, who shall be duly licensed to practice medicine in the Commonwealth and board-eligible or board-certified in the field of neurology, neurosurgery, or critical care medicine, when based on the ordinary standards of medical practice, there is irreversible cessation of all functions of the entire brain, including the brain stem, and, in the opinion of such physician, based on the ordinary standards of medical practice and considering the irreversible cessation of all functions of the entire brain, including the brain stem, and the patient’s medical record, further attempts at resuscitation or continued supportive maintenance would not be successful in restoring such functions, and, in such event, death shall be deemed to have occurred at the time when all such functions have ceased.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":218085,"text":"A registered nurse, a physician assistant, or an advanced practice registered nurse who is not an autonomous nurse practitioner may pronounce death if the following criteria are satisfied: (i) the nurse is employed by or the physician assistant or advanced practice registered nurse who is not an autonomous nurse practitioner works at (a) a home care organization as defined in § 32.1-162.7, (b) a hospice as defined in § 32.1-162.1, (c) a hospital or nursing home as defined in § 32.1-123, including state-operated hospitals for the purposes of this section, (d) the Department of Corrections, or (e) a continuing care retirement community registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2; (ii) the nurse, physician assistant, or advanced practice registered nurse who is not an autonomous nurse practitioner is directly involved in the care of the patient; (iii) the patient’s death has occurred; (iv) the patient is under the care of a physician or autonomous nurse practitioner when his death occurs; (v) the patient’s death has been anticipated; and (vi) the physician or autonomous nurse practitioner is unable to be present within a reasonable period of time to determine death. A licensed practical nurse may pronounce death for a patient in hospice pursuant to a valid Do Not Resuscitate Order issued in accordance with § 54.1-2987.1. The nurse, licensed practical nurse, physician assistant, or advanced practice registered nurse who is not an autonomous nurse practitioner shall inform the patient’s attending and consulting physician or autonomous nurse practitioner of the patient’s death as soon as practicable.\n\t\t\tThe nurse, licensed practical nurse, physician assistant, or advanced practice registered nurse who is not an autonomous nurse practitioner shall have the authority to pronounce death in accordance with such procedural regulations, if any, as may be promulgated by the Board of Medicine; however, if the circumstances of the death are not anticipated or the death requires an investigation by the Office of the Chief Medical Examiner, such nurse, licensed practical nurse, physician assistant, or advanced practice registered nurse shall notify the Office of the Chief Medical Examiner of the death and the body shall not be released to the funeral director.\n\t\t\tThis subsection shall not authorize a nurse, licensed practical nurse, physician assistant, or advanced practice registered nurse who is not an autonomous nurse practitioner to determine the cause of death. Determination of cause of death shall continue to be the responsibility of the attending physician or autonomous nurse practitioner, except as provided in § 32.1-263. Further, this subsection shall not be construed to impose any obligation to carry out the functions of this subsection.\n\t\t\tThis subsection shall not relieve any registered nurse, licensed practical nurse, physician assistant, or nurse practitioner who is not an autonomous nurse practitioner from any civil or criminal liability that might otherwise be incurred for failure to follow statutes or Board of Nursing or Board of Medicine regulations.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":218086,"text":"The alternative definitions of death provided in subdivisions B 1 and 2 may be utilized for all purposes in the Commonwealth, including the trial of civil and criminal cases.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12760,"edition_id":1,"name":"General Standards of Practice","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":12759,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":242459,"object_type":"structure","relational_id":12760,"identifier":"6","token":"54.1\/III\/29\/6","url":"\/54.1\/III\/29\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12759,"edition_id":1,"name":"Medicine and Other Healing Arts","identifier":"29","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241933,"object_type":"structure","relational_id":12759,"identifier":"29","token":"54.1\/III\/29","url":"\/54.1\/III\/29\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57243,"structure_id":12760,"section_number":"54.1-2962","catch_line":"Division of fees among physicians prohibited","url":"\/54.1-2962\/","token":"54.1\/III\/29\/6\/54.1-2962","metadata":false},{"id":61370,"structure_id":12760,"section_number":"54.1-2962.01","catch_line":"Anatomic pathology services; fees","url":"\/54.1-2962.01\/","token":"54.1\/III\/29\/6\/54.1-2962.01","metadata":false},{"id":69059,"structure_id":12760,"section_number":"54.1-2962.1","catch_line":"Solicitation or receipt of remuneration in exchange for referral prohibited","url":"\/54.1-2962.1\/","token":"54.1\/III\/29\/6\/54.1-2962.1","metadata":false},{"id":61450,"structure_id":12760,"section_number":"54.1-2962.2","catch_line":"Physician-patient relationship; effect of certain emergency department treatment","url":"\/54.1-2962.2\/","token":"54.1\/III\/29\/6\/54.1-2962.2","metadata":false},{"id":53953,"structure_id":12760,"section_number":"54.1-2963","catch_line":"Selling vitamins or food supplements in connection with a practice of the healing arts; chiropractor recommending vitamins, minerals, or food supplements","url":"\/54.1-2963\/","token":"54.1\/III\/29\/6\/54.1-2963","metadata":false},{"id":85230,"structure_id":12760,"section_number":"54.1-2963.1","catch_line":"Disclosure of medical treatment options","url":"\/54.1-2963.1\/","token":"54.1\/III\/29\/6\/54.1-2963.1","metadata":false},{"id":80734,"structure_id":12760,"section_number":"54.1-2963.2","catch_line":"Expired","url":"\/54.1-2963.2\/","token":"54.1\/III\/29\/6\/54.1-2963.2","metadata":false},{"id":74620,"structure_id":12760,"section_number":"54.1-2964","catch_line":"Disclosure of interest in referral facilities and clinical laboratories","url":"\/54.1-2964\/","token":"54.1\/III\/29\/6\/54.1-2964","metadata":false},{"id":58159,"structure_id":12760,"section_number":"54.1-2965","catch_line":"Repealed","url":"\/54.1-2965\/","token":"54.1\/III\/29\/6\/54.1-2965","metadata":false},{"id":65325,"structure_id":12760,"section_number":"54.1-2966","catch_line":"Physicians reporting disabilities to aircraft pilots licensing authorities exempt from liability; testifying in certain proceedings","url":"\/54.1-2966\/","token":"54.1\/III\/29\/6\/54.1-2966","metadata":false},{"id":82938,"structure_id":12760,"section_number":"54.1-2966.1","catch_line":"Repealed","url":"\/54.1-2966.1\/","token":"54.1\/III\/29\/6\/54.1-2966.1","metadata":false},{"id":68976,"structure_id":12760,"section_number":"54.1-2967","catch_line":"Physicians and others rendering medical aid to report certain wounds","url":"\/54.1-2967\/","token":"54.1\/III\/29\/6\/54.1-2967","metadata":false},{"id":72506,"structure_id":12760,"section_number":"54.1-2968","catch_line":"Information about certain individuals with disabilities","url":"\/54.1-2968\/","token":"54.1\/III\/29\/6\/54.1-2968","metadata":false},{"id":54830,"structure_id":12760,"section_number":"54.1-2969","catch_line":"Authority to consent to surgical and medical treatment of certain minors","url":"\/54.1-2969\/","token":"54.1\/III\/29\/6\/54.1-2969","metadata":false},{"id":83134,"structure_id":12760,"section_number":"54.1-2970","catch_line":"Medical treatment for certain persons incapable of giving informed consent","url":"\/54.1-2970\/","token":"54.1\/III\/29\/6\/54.1-2970","metadata":false},{"id":76802,"structure_id":12760,"section_number":"54.1-2970.1","catch_line":"Individual incapable of making informed decision; procedure for physical evidence recovery kit examination; consent by minors","url":"\/54.1-2970.1\/","token":"54.1\/III\/29\/6\/54.1-2970.1","metadata":false},{"id":71025,"structure_id":12760,"section_number":"54.1-2971","catch_line":"Repealed","url":"\/54.1-2971\/","token":"54.1\/III\/29\/6\/54.1-2971","metadata":false},{"id":57814,"structure_id":12760,"section_number":"54.1-2971.01","catch_line":"Prescription in excess of recommended dosage in certain cases","url":"\/54.1-2971.01\/","token":"54.1\/III\/29\/6\/54.1-2971.01","metadata":false},{"id":79526,"structure_id":12760,"section_number":"54.1-2971.1","catch_line":"Disclosure for certain treatment of infertility","url":"\/54.1-2971.1\/","token":"54.1\/III\/29\/6\/54.1-2971.1","metadata":false},{"id":59523,"structure_id":12760,"section_number":"54.1-2972","catch_line":"When person deemed medically and legally dead; determination of death; nurses', licensed practical nurses', physician assistants', or advanced practice registered nurses' authority to pronounce death under certain circumstances","url":"\/54.1-2972\/","token":"54.1\/III\/29\/6\/54.1-2972","metadata":false},{"id":80891,"structure_id":12760,"section_number":"54.1-2973","catch_line":"Persons who may authorize postmortem examination of decedent's body","url":"\/54.1-2973\/","token":"54.1\/III\/29\/6\/54.1-2973","metadata":false},{"id":74475,"structure_id":12760,"section_number":"54.1-2973.1","catch_line":"Practice of laser hair removal","url":"\/54.1-2973.1\/","token":"54.1\/III\/29\/6\/54.1-2973.1","metadata":false}],"previous_section":{"id":79526,"structure_id":12760,"section_number":"54.1-2971.1","catch_line":"Disclosure for certain treatment of infertility","url":"\/54.1-2971.1\/","token":"54.1\/III\/29\/6\/54.1-2971.1","metadata":false},"next_section":{"id":80891,"structure_id":12760,"section_number":"54.1-2973","catch_line":"Persons who may authorize postmortem examination of decedent's body","url":"\/54.1-2973\/","token":"54.1\/III\/29\/6\/54.1-2973","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2972\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 15 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 252; in 1979, chapter 720; in 1986, chapter 237; in 1988, chapter 765; in 1996, chapter 1028<\/a>; in 1997, chapters 107<\/a> and 453<\/a>; in 2002, chapter 92<\/a>; in 2004, chapter 92<\/a>; in 2010, chapter 46<\/a>; in 2011, chapter 613<\/a>; in 2012, chapter 136<\/a>; in 2014, chapters 73<\/a> and 583<\/a>; in 2016, chapter 97<\/a>; in 2022, chapters 184<\/a> and 198<\/a>; in 2023, chapter 183<\/a>.<\/p>","references":[{"id":68053,"section_number":"32.1-263","catch_line":"Filing death certificates; medical certification; investigation by Office of the Chief Medical Examiner","order_by":null,"url":"\/32.1-263\/"},{"id":86743,"section_number":"32.1-296","catch_line":"Determination of death","order_by":null,"url":"\/32.1-296\/"},{"id":82199,"section_number":"64.2-2204","catch_line":"Evidence of death or status","order_by":null,"url":"\/64.2-2204\/"}],"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":77748,"section_number":"32.1-162.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-162.1\/"},{"id":62849,"section_number":"32.1-162.7","catch_line":"Definitions","order_by":null,"url":"\/32.1-162.7\/"},{"id":68053,"section_number":"32.1-263","catch_line":"Filing death certificates; medical certification; investigation by Office of the Chief Medical Examiner","order_by":null,"url":"\/32.1-263\/"},{"id":83470,"section_number":"38.2-4900","catch_line":"Definitions","order_by":null,"url":"\/38.2-4900\/"},{"id":61456,"section_number":"54.1-2987.1","catch_line":"Durable Do Not Resuscitate Orders","order_by":null,"url":"\/54.1-2987.1\/"}],"permalink":{"id":242537,"object_type":"law","relational_id":59523,"identifier":"54.1-2972","token":"54.1\/III\/29\/6\/54.1-2972","url":"\/54.1-2972\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2972\/","token":"54.1\/III\/29\/6\/54.1-2972","dublin_core":{"Title":"When person deemed medically and legally dead; determination of death; nurses’, licensed practical nurses’, physician assistants’, or advanced practice registered nurses’ authority to pronounce death under certain circumstances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2972","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “autonomous nurse practitioner<\/span>” means a nurse practitioner who is authorized to practice without a practice agreement pursuant to subsection I of § 54.1-2957<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person shall be medically and legally dead if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In the opinion<\/span> of a physician duly authorized to practice medicine in the Commonwealth or autonomous nurse practitioner<\/span>, based on the ordinary standards of medical practice, there is the absence of spontaneous respiratory and spontaneous cardiac functions and, because of the disease or condition that directly or indirectly caused these functions to cease, or because of the passage of time since these functions ceased, attempts at resuscitation would not, in the opinion<\/span> of such physician or autonomous nurse practitioner<\/span>, be successful in restoring spontaneous life-sustaining functions, and, in such event, death shall be deemed to have occurred at the time these functions ceased; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In the opinion<\/span> of a physician, who shall be duly licensed to practice medicine in the Commonwealth and board<\/span>-eligible or board<\/span>-certified in the field of neurology, neurosurgery, or critical care medicine, when based on the ordinary standards of medical practice, there is irreversible cessation of all functions of the entire brain, including the brain stem, and, in the opinion<\/span> of such physician, based on the ordinary standards of medical practice and considering the irreversible cessation of all functions of the entire brain, including the brain stem, and the patient’s medical record, further attempts at resuscitation or continued supportive maintenance would not be successful in restoring such functions, and, in such event, death shall be deemed to have occurred at the time when all such functions have ceased. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A registered nurse, a physician assistant<\/span>, or an advanced practice registered nurse<\/span> who is not an autonomous nurse practitioner<\/span> may pronounce death if the following criteria are satisfied: (i) the nurse is employed by or the physician assistant<\/span> or advanced practice registered nurse<\/span> who is not an autonomous nurse practitioner<\/span> works at (a) a home care organization as defined in § 32.1-162.7<\/a>, (b) a hospice as defined in § 32.1-162.1<\/a>, (c) a hospital or nursing home as defined in § 32.1-123<\/a>, including state-operated hospitals for the purposes of this section, (d) the Department of Corrections, or (e) a continuing care retirement community registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900<\/a> et seq.) of Title 38.2; (ii) the nurse, physician assistant<\/span>, or advanced practice registered nurse<\/span> who is not an autonomous nurse practitioner<\/span> is directly involved in the care of the patient; (iii) the patient’s death has occurred; (iv) the patient is under the care of a physician or autonomous nurse practitioner<\/span> when his death occurs; (v) the patient’s death has been anticipated; and (vi) the physician or autonomous nurse practitioner<\/span> is unable to be present within a reasonable period of time to determine death. A licensed practical nurse may pronounce death for a patient in hospice pursuant to a valid Do Not Resuscitate Order<\/span> issued in accordance with § 54.1-2987.1<\/a>. The nurse, licensed practical nurse, physician assistant<\/span>, or advanced practice registered nurse<\/span> who is not an autonomous nurse practitioner<\/span> shall inform the patient’s attending and consulting physician or autonomous nurse practitioner<\/span> of the patient’s death as soon as practicable.\n\t\t\tThe nurse, licensed practical nurse, physician assistant<\/span>, or advanced practice registered nurse<\/span> who is not an autonomous nurse practitioner<\/span> shall have the authority to pronounce death in accordance with such procedural regulations, if any, as may be promulgated by the Board<\/span> of Medicine; however, if the circumstances of the death are not anticipated or the death requires an investigation by the Office of the Chief Medical Examiner, such nurse, licensed practical nurse, physician assistant<\/span>, or advanced practice registered nurse<\/span> shall notify the Office of the Chief Medical Examiner of the death and the body shall not be released to the funeral director.\n\t\t\tThis subsection shall not authorize a nurse, licensed practical nurse, physician assistant<\/span>, or advanced practice registered nurse<\/span> who is not an autonomous nurse practitioner<\/span> to determine the cause of death. Determination of cause of death shall continue to be the responsibility of the attending physician or autonomous nurse practitioner<\/span>, except as provided in § 32.1-263<\/a>. Further, this subsection shall not be construed to impose any obligation to carry out the functions of this subsection.\n\t\t\tThis subsection shall not relieve any registered nurse, licensed practical nurse, physician assistant<\/span>, or nurse practitioner who is not an autonomous nurse practitioner<\/span> from any civil or criminal liability that might otherwise be incurred for failure to follow statutes<\/span> or Board<\/span> of Nursing or Board<\/span> of Medicine regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The alternative definitions of death provided in subdivisions B 1 and 2 may be utilized for all purposes in the Commonwealth, including the trial<\/span> of civil and criminal cases. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN PERSON DEEMED MEDICALLY AND LEGALLY DEAD; DETERMINATION OF DEATH;\nNURSES’, LICENSED PRACTICAL NURSES’, PHYSICIAN ASSISTANTS’, OR\nADVANCED PRACTICE REGISTERED NURSES’ AUTHORITY TO PRONOUNCE DEATH UNDER\nCERTAIN CIRCUMSTANCES (\u00a7 54.1-2972)\n\nA. As used in this section, “autonomous nurse practitioner” means a\nnurse practitioner who is authorized to practice without a practice agreement\npursuant to subsection I of § 54.1-2957.\n\nB. A person shall be medically and legally dead if:\n\n 1. In the opinion of a physician duly authorized to practice medicine in the\n Commonwealth or autonomous nurse practitioner, based on the ordinary standards\n of medical practice, there is the absence of spontaneous respiratory and\n spontaneous cardiac functions and, because of the disease or condition that\n directly or indirectly caused these functions to cease, or because of the\n passage of time since these functions ceased, attempts at resuscitation would\n not, in the opinion of such physician or autonomous nurse practitioner, be\n successful in restoring spontaneous life-sustaining functions, and, in such\n event, death shall be deemed to have occurred at the time these functions\n ceased; or\n\n 2. In the opinion of a physician, who shall be duly licensed to practice\n medicine in the Commonwealth and board-eligible or board-certified in the\n field of neurology, neurosurgery, or critical care medicine, when based on the\n ordinary standards of medical practice, there is irreversible cessation of all\n functions of the entire brain, including the brain stem, and, in the opinion\n of such physician, based on the ordinary standards of medical practice and\n considering the irreversible cessation of all functions of the entire brain,\n including the brain stem, and the patient’s medical record, further\n attempts at resuscitation or continued supportive maintenance would not be\n successful in restoring such functions, and, in such event, death shall be\n deemed to have occurred at the time when all such functions have ceased.\n\nC. A registered nurse, a physician assistant, or an advanced practice registered\nnurse who is not an autonomous nurse practitioner may pronounce death if the\nfollowing criteria are satisfied: (i) the nurse is employed by or the physician\nassistant or advanced practice registered nurse who is not an autonomous nurse\npractitioner works at (a) a home care organization as defined in §\n32.1-162.7, (b) a hospice as defined in § 32.1-162.1, (c) a hospital or\nnursing home as defined in § 32.1-123, including state-operated hospitals\nfor the purposes of this section, (d) the Department of Corrections, or (e) a\ncontinuing care retirement community registered with the State Corporation\nCommission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2; (ii)\nthe nurse, physician assistant, or advanced practice registered nurse who is not\nan autonomous nurse practitioner is directly involved in the care of the\npatient; (iii) the patient’s death has occurred; (iv) the patient is under\nthe care of a physician or autonomous nurse practitioner when his death occurs;\n(v) the patient’s death has been anticipated; and (vi) the physician or\nautonomous nurse practitioner is unable to be present within a reasonable period\nof time to determine death. A licensed practical nurse may pronounce death for a\npatient in hospice pursuant to a valid Do Not Resuscitate Order issued in\naccordance with § 54.1-2987.1. The nurse, licensed practical nurse,\nphysician assistant, or advanced practice registered nurse who is not an\nautonomous nurse practitioner shall inform the patient’s attending and\nconsulting physician or autonomous nurse practitioner of the patient’s\ndeath as soon as practicable.\n\t\t\tThe nurse, licensed practical nurse, physician assistant, or advanced\npractice registered nurse who is not an autonomous nurse practitioner shall have\nthe authority to pronounce death in accordance with such procedural regulations,\nif any, as may be promulgated by the Board of Medicine; however, if the\ncircumstances of the death are not anticipated or the death requires an\ninvestigation by the Office of the Chief Medical Examiner, such nurse, licensed\npractical nurse, physician assistant, or advanced practice registered nurse\nshall notify the Office of the Chief Medical Examiner of the death and the body\nshall not be released to the funeral director.\n\t\t\tThis subsection shall not authorize a nurse, licensed practical nurse,\nphysician assistant, or advanced practice registered nurse who is not an\nautonomous nurse practitioner to determine the cause of death. Determination of\ncause of death shall continue to be the responsibility of the attending\nphysician or autonomous nurse practitioner, except as provided in §\n32.1-263. Further, this subsection shall not be construed to impose any\nobligation to carry out the functions of this subsection.\n\t\t\tThis subsection shall not relieve any registered nurse, licensed practical\nnurse, physician assistant, or nurse practitioner who is not an autonomous nurse\npractitioner from any civil or criminal liability that might otherwise be\nincurred for failure to follow statutes or Board of Nursing or Board of Medicine\nregulations.\n\nD. The alternative definitions of death provided in subdivisions B 1 and 2 may\nbe utilized for all purposes in the Commonwealth, including the trial of civil\nand criminal cases.\n\nHISTORY: Code 1950, \u00a7 32-364.3:1; 1973, c. 252; 1979, c. 720, \u00a7 54-325.7;\n1986, c. 237; 1988, c. 765; 1996, c. 1028; 1997, cc. 107, 453; 2002, c. 92;\n2004, c. 92; 2010, c. 46; 2011, c. 613; 2012, c. 136; 2014, cc. 73, 583; 2016,\nc. 97; 2021, Sp. Sess. I, c. 210; 2022, cc. 184, 198; 2023, c. 183.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}