Ohio Revised Code
Section 4723.36 Determination of death by certified nurse practitioner or clinical nurse specialist.
Effective: March 20, 2025
Legislation: Senate Bill 196 – 135th General Assembly
(A) A certified nurse-midwife, certified nurse practitioner, or clinical nurse specialist may determine
and pronounce an individual’s death.
(B)(1) A registered nurse who is not described in division (A) of this section may determine and
pronounce an individual’s death, but only if the individual’s respiratory and circulatory functions are
not being artificially sustained and, at the time the determination and pronouncement of death is
made, the registered nurse is providing or supervising the individual’s care through a hospice care
program licensed under Chapter 3712. of the Revised Code or any other entity that provides
palliative care.
(2) A registered nurse who determines and pronounces an individual’s death under division (B)(1) of
this section shall comply with both of the following:
(a) The nurse shall not complete any portion of the individual’s death certificate.
(b) The nurse shall notify the individual’s attending physician, certified nurse-midwife, certified
nurse practitioner, or clinical nurse specialist of the determination and pronouncement of death in
order for the physician, certified nurse-midwife, certified nurse practitioner, or clinical nurse
specialist to fulfill the physician’s, certified nurse-midwife’s, certified nurse practitioner’s, or clinical
nurse specialist’s duties under section 3705.16 of the Revised Code. The nurse shall provide the
notification within a period of time that is reasonable but not later than twenty-four hours following
the determination and pronouncement of the individual’s death.