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KRS 446.400

Determination of death -- Minimal conditions to be met

Applied in 1 court decision — leading case Woods Ex Rel. Simpson v. Commonwealth (2004)

Most recently applied in Woods Ex Rel. Simpson v. Commonwealth (August 2004)

Effective: July 15, 1986 History: Created 1986 Ky

For all legal purposes, the occurrence of human death shall be determined in accordance with the usual and customary standards of medical practice, provided that death shall not be determined to have occurred unless the following minimal conditions have been met:

(1) When respiration and circulation are not artificially maintained, there is an irreversible cessation of spontaneous respiration and circulation; or (2) When respiration and circulation are artificially maintained, and there is a total and irreversible cessation of all brain function, including the brain stem and that such determination is made by two (2) licensed physicians.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.