LD 1568
pg. 2
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LR 737
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timely fashion by a physician or nurse practitioner authorized to
practice in the State who has knowledge of the patient's recent
medical condition, in accordance with department regulations and
other laws detailing who can certify and in what time frame, except
when the death falls under the jurisdiction of the medical examiner
as provided in section 3025. If the patient was a resident of a
nursing home licensed under section 1817 at the time of death and
if the physician health care provider in charge of the patient's
care or another physician health care provider designated by the
physician health care provider in charge had not examined the
patient within 48 hours prior to death, or within 2 weeks prior to
death in the case of a terminally ill patient, the physician health
care provider in charge or another physician health care provider
designated by the physician health care provider in charge shall
examine the body prior to completing the certification of death
process. Any physician health care provider who fails to complete
the medical certification of the cause of death fully, in
typewritten or legibly hand-printed style and in a timely manner,
or who fails to examine the body of a nursing home resident prior
to certifying cause of death as required by this section must be
reported to the Board of Licensure in Medicine or, the Board of
Osteopathic Licensure or the State Board of Nursing, whichever is
appropriate, by the State Registrar of Vital Statistics of the
Department of Health and Human Services.

 
For the purposes of this subsection, the following terms have the
following meanings.

 
A. "Life-sustaining procedure" means any medical procedure
or intervention that, when administered to a qualified
patient, will serve only to prolong the dying process and
does not include nutrition and hydration.

 
B. "Terminally ill patient" means a patient who has been
diagnosed as having an incurable or irreversible condition
that, without the administration of life-sustaining
procedures, will, in the opinion of the attending physician
health care provider, result in death within a short time.

 
C.__"Health care provider" means a physician authorized to
practice in this State or nurse practitioner.

 
D.__"Nurse practitioner" means an advanced practice
registered nurse who is a certified nurse practitioner
authorized to practice without the supervision of a
physician pursuant to Title 32, chapter 31.

 
Sec. 2. 22 MRSA §2842, sub-§2-A, as enacted by PL 2003, c. 433, §2, is
amended to read:


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