Florida Statute 382.009 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 382
VITAL STATISTICS

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F.S. 382.009

382.009 Recognition of brain death under certain circumstances.—

(1) For legal and medical purposes, where respiratory and circulatory functions are maintained by artificial means of support so as to preclude a determination that these functions have ceased, the occurrence of death may be determined where there is the irreversible cessation of the functioning of the entire brain, including the brain stem, determined in accordance with this section.

(2) Determination of death pursuant to this section must be made in accordance with currently accepted reasonable medical standards.

(a) If the patient’s treating health care practitioner is a physician licensed under chapter 458 or chapter 459, the determination must be made by that physician and a second physician licensed under chapter 458 or chapter 459 who is a board-eligible or board-certified neurologist, neurosurgeon, internist, family medicine physician, pediatrician, surgeon, or anesthesiologist.

(b) If the patient’s treating health care practitioner is an autonomous advanced practice registered nurse registered under s. 464.0123, the determination must be made by that practitioner and two physicians licensed under chapter 458 or chapter 459. Each physician must be a board-eligible or board-certified neurologist, neurosurgeon, internist, family medicine physician, pediatrician, surgeon, or anesthesiologist.

(3) The next of kin of the patient shall be notified as soon as practicable of the procedures to determine death under this section. The medical records shall reflect such notice; if such notice has not been given, the medical records shall reflect the attempts to identify and notify the next of kin.

(4) No recovery shall be allowed nor shall criminal proceedings be instituted in any court in this state against a physician or licensed medical facility that makes a determination of death in accordance with this section or which acts in reliance thereon, if such determination is made in accordance with the accepted standard of care for such physician or facility set forth in s. 766.102. Except for a diagnosis of brain death, the standard set forth in this section is not the exclusive standard for determining death or for the withdrawal of life support systems.

History.—s. 1, ch. 80-216; s. 8, ch. 87-387; s. 84, ch. 2014-17; s. 6, ch. 2023-71.

Note.—Former s. 382.085.

F.S. 382.009 on Google Scholar

F.S. 382.009 on Casetext

Amendments to 382.009

Arrestable Offenses / Crimes under Fla. Stat. 382.009

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 382.009.

Annotations, Discussions, Cases:

Cases Citing Statute 382.009

Total Results: 6

In re T.A.C.P.

Court: Supreme Court of Florida | Date Filed: 1992-11-12

Citation: 609 So. 2d 588

Snippet: court denied the' request on grounds that section 382.009(1), Florida Statutes (1991), would not permit a

In Re TACP

Court: Supreme Court of Florida | Date Filed: 1992-11-12

Citation: 609 So. 2d 588, 17 Fla. L. Weekly Supp. 691, 1992 Fla. LEXIS 1932, 1992 WL 324714

Snippet: court denied the request on grounds that section 382.009(1), Florida Statutes (1991), would not permit a

Griffith v. State

Court: District Court of Appeal of Florida | Date Filed: 1989-03-28

Citation: 548 So. 2d 244, 14 Fla. L. Weekly 781, 1989 Fla. App. LEXIS 1579

Snippet: -085(1), Florida Statutes (1985) (renumbered section 382.009, Florida Statutes (1987)) because her respiratory

Griffith v. State

Court: District Court of Appeal of Florida | Date Filed: 1989-03-28

Citation: 548 So. 2d 244, 1989 WL 27899

Snippet: 085(1), Florida Statutes (1985) (renumbered section 382.009, Florida Statutes (1987)) because her respiratory

Rupp v. Jackson

Court: Supreme Court of Florida | Date Filed: 1970-07-22

Citation: 238 So. 2d 86

Snippet: autopsy. At the time of the death, Fla. Stat. § 382.09 (1965), F.S.A. required that the last attending

FLORIDA GAME & FRESH WATER FISH COM'N v. Driggers

Court: Supreme Court of Florida | Date Filed: 1953-03-31

Citation: 65 So. 2d 723, 1953 Fla. LEXIS 1321

Snippet: in the case of Lisowsky v. White, 177 Md. 377, 382, 9 A.2d 599, 601: `If there is a conflict in the Workmen's