State Board of Nursing Licensed Practical Nurse Pronouncement of Death (proposed rulemaking)

The State Board of Nursing (Board) is proposing regulations to implement Act 137 of 2024 which authorizes licensed practical nurses (LPN) to pronounce death in the Commonwealth under certain circumstances.

Under the proposed regulations, LPNs are authorized to pronounce death provided: (1) the LPN is employed by a licensed hospice in the direct care of patients of the hospice, (2) the patient is in the care of a licensed hospice, (3) the patient has a valid Do Not Resuscitate Order issued in accordance with the laws of the Commonwealth, (4) the LPN has conducted a focused assessment to identify the cessation of circulatory and respiratory functions as provided under the Uniform Determination of Death Act, (5) the LPN has met the training requirements, including a minimum of 3 hours of training annually from the hospice on vital signs to determine cessation of circulatory and respiratory function, postmortem care, grief and circumstances requiring a coroner's investigation.

The Board also proposes to address when an LPN may release the body of a deceased patient in the care of a licensed hospice to a funeral director or coroner. Release to a funeral director follows notification to the attending physician or certified registered nurse practitioner and the family when the circumstances surrounding the nature of the death are anticipated and do not require a coroner's investigation. Otherwise, release requires an investigation into the cause of death and must be made to a coroner.

Finally, the Board proposes to clarify that even when authorized to pronounce death, LPNs are prohibited from determining the cause of death.

Public Comment

Interested persons are welcome to submit written comments, suggestions or objections regarding this proposed rulemaking to Regulatory Counsel, State Board of Nursing, P.O. Box 69523, Harrisburg, PA 17106-9523, RA-STRegulatoryCounsel@pa.gov, within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference 16A-5151 (LPN Pronouncement of Death) when submitting comments.

For more information, please review the May 9, 2026, edition of the Pennsylvania Bulletin.