Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
Section 9 of chapter 46 of the General Laws is hereby amended by adding the following paragraph:-
When a patient suffering from a terminal illness or whose death is anticipated and who is receiving the services of a nursing home, a hospice program, at home or in a hospice, dies, a registered professional nurse licensed by the board of registration in nursing, who is employed by said hospice program or by the Visiting Nurse Association at the time of apparent death of such person, in the absence of an attending physician or a medical examiner, may make the determination and pronouncement of the death of said patient; provided, however, that said nurse first make reasonable effort to contact said physician or medical examiner before making such determination or pronouncement; and provided, further, that such determination or pronouncement be made in writing on a form approved by said board of registration and subscribed under pains and penalty of perjury.