4731-14-01. Pronouncement of death

(A) Only an individual holding one of the following current certificates or licenses may pronounce a person dead:

(1) A certificate to practice medicine and surgery or osteopathic medicine and surgery issued under section 4731.14 or 4731.29 of the Revised Code;

(2) A training certificate issued under section 4731.291 of the Revised Code;

(3) A clinical research faculty certificate issued under section 4731.293 of the Revised Code;

(4) A special activities certificate issued under section 4731.294 of the Revised Code;

(5) A certificate of authority to practice as a certified nurse practitioner or clinical nurse specialist issued under section 4723.42 of the Revised Code, when the holder acts in compliance with section 4723.36 of the Revised Code;

(6) A license to practice as a registered nurse issued under section 4723.09 of the Revised Code, when the holder acts in compliance with section 4723.36 of the Revised Code.

(7) A license to practice as a physician assistant issued under section 4730.12 of the Revised Code, when the holder acts in compliance with section 4730.202 of the Revised Code;

(8) A certificate of conceded eminence issued under section 4731.297 of the Revised Code;

(9) A certificate to practice podiatric medicine and surgery issued under section 4731.56, 4731.57, or 4731.571 of the Revised Code.

(B) A physician holding a current certificate to practice medicine or surgery or osteopathic medicine and surgery issued under section 4731.14 or 4731.29 of the Revised Code may pronounce a person dead without personally examining the body of the deceased only if a competent observer has recited the facts of the deceased's present medical condition to the physician and the physician is satisfied that death has occurred.

(C) For purposes of this rule a competent observer shall mean one of the following:

(1) A licensed practical nurse holding a current license issued under Chapter 4723. of the Revised Code;

(2) An EMT-Basic holding a current certificate issued under section 4765.30 of the Revised Code;

(3) An EMT-intermediate holding a current certificate issued under section 4765.30 of the Revised Code;

(4) A EMT - paramedic holding a current certificate issued under section 4765.30 of the Revised Code;

(5) A chiropractor holding a current certificate issued under Chapter 4734. of the Revised Code;

(6) An individual authorized to pronounce a person dead under paragraph (A) of this rule;

(7) A coroner's investigator as referenced in section 313.05 of the Revised Code.

Replaces: 4731-14-01

Effective: 6/30/2016
Five Year Review (FYR) Dates: 06/30/2021
Promulgated Under: 119.03
Statutory Authority: 4731.05, 4731.053
Rule Amplifies: 4723.36, 4730.202, 4731.053 , 4731.291, 4731.293, 4731.294, 4731.297, 4731.34, 4731.51
Prior Effective Dates: 5/10/90, 5/31/02, 2/28/04, 6/30/07