PROPOSED RULES
(Nursing Care Quality Assurance Commission)
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 246-840-830 Determination and pronouncement of death by a licensed registered nurse.
Purpose: Amend rule to extend authority to certify the cause of death to all advanced registered nurse practitioners (ARNP) categories (not just "certified nurse midwife as defined in WAC 246-840-300").
Other Identifying Information: Deletion of the title "certified nurse midwife."
Statutory Authority for Adoption: RCW 70.58.170 and 70.58.180, chapter 133, Laws of 2000.
Statute Being Implemented: RCW 70.58.170 and 70.58.180.
Summary: Chapter 133, Laws of 2000 extends authority to certify the cause of death to all ARNP categories.
Reasons Supporting Proposal: A simple "strike-out" of phrase (no longer correct) and addition of the term "licensed."
Name of Agency Personnel Responsible for Drafting and Implementation: Maura G. Egan, Ph.D., RN, P.O. Box 47864, Olympia, WA 98504, (360) 236-4709; and Enforcement: NCQAC, P.O. Box 47864, Olympia, WA, (360) 236-4709.
Name of Proponent: Nursing Care Quality Assurance Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Purpose of WAC 246-840-830 is to identify that the RN can determine and pronounce death. One phrase had identified that one category of ARNP, the certified nurse midwife, could certify death (no other ARNP category).
With the new legislation (SB 5739) all categories of ARNP can certify the cause of death. In order for the WAC to reflect this accurately the phrase (regarding certified nurse midwives) must be deleted.
Proposal Changes the Following Existing Rules: One phrase in WAC 246-840-830 must be deleted from the first sentence: Strike "-certified nurse midwife" as defined in WAC 246-840-300 and add the word "licensed."
No small business economic impact statement has been prepared under chapter 19.85 RCW. Exempt per RCW 19.85.025(3).
RCW 34.05.328 does not apply to this rule adoption. Rule change dictated by statute.
Hearing Location: Department of Health, Conference Center, 1101 S.E. Eastside Street, Olympia, WA 98504, on July 13, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kris McLaughlin by July 7, 2000, TDD (360) 664-0064, or (360) 236-4713 or fax (360) 236-4738.
Submit Written Comments to: Maura G. Egan, fax (360) 236-4738, by July 10, 2000.
Date of Intended Adoption: July 13, 2000.
May 7, 2000
Paula R. Meyer, RN, MSN
Executive Director
OTS-3957.2
AMENDATORY SECTION(Amending WSR 97-13-100, filed 6/18/97,
effective 7/19/97)
WAC 246-840-830
Determination and pronouncement of death by
a licensed registered nurse.
A registered nurse may determine
and pronounce death, but shall not certify death as defined in
RCW 70.58.160 unless the registered nurse is ((an)) a licensed
ARNP((-certified nurse midwife)) as defined in WAC 246-840-300.
(1) A registered nurse may assume responsibility for the determination and pronouncement of death only if there are written policies and procedures relating to the determination and pronouncement of death in the organization with which the registered nurse is associated as an employee or by contract, provided:
(a) The decedent was under the care of a health care practitioner qualified to certify cause of death; and
(b) The decedent was a patient of the organization with which the registered nurse is associated; and
(c) There is a "do not resuscitate order" in the patient's record when the decedent was assisted by mechanical life support systems at the time of determination and pronouncement of death.
(2) A registered nurse who assumes responsibility for the determination and pronouncement of death shall be knowledgeable of the laws and regulations regarding death and human remains which affect the registered nurse's practice of this responsibility.
(3) A registered nurse who assumes responsibility for the determination and pronouncement of death shall:
(a) Perform a physical assessment of the patient's condition;
(b) Insure that family and physician and other caregivers are notified of the death; and
(c) Document the findings of the assessment and notification in all appropriate records.
[Statutory Authority: Chapter 18.79 RCW. 97-13-100, § 246-840-830, filed 6/18/97, effective 7/19/97.]