UB Center for Clinical
Ethics and Humanities in Health Care

Ethics Committee Core Curriculum

Determination of Death
Consensus Conference

NYS Task Force on Life and the Law Report


In 1985, the New York State Task Force on Life and the Law began its work by examining the determination of death. A 1984 decision by the New York Court of Appeals (People v. Eulo) had recognized that the total and irreversible cessation of brain function satisfied the standard for determining death under New York law. However, in the absence of legislation supporting the brain death standard, health care providers remained concerned and uncertain about the standard. As a result, hospital practices in determining death varied widely throughout the State.

The Task Force's 1986 report, The Determination of Death, proposed that both the brain death standard and the traditional standard of cessation of heart and lung activity should be recognized for the legal determination of death in New York State. The Task Force concluded that legislation to establish brain death as a legal standard in New York was not necessary in light of the Court of Appeals' decision. The Task Force instead proposed regulations to ensure that the standard would be uniformly applied in health care facilities and to provide additional guidance about the determination of brain death.

As part of its deliberations, the Task Force examined the questions raised by persons who object to the brain death standard on religious or moral grounds. The Task Force recommended that responses to individuals with religious or moral objections would best be addressed by health care facilities at the community level. It therefore proposed that hospitals should develop policies, in consultation ,with community representatives, that would reasonably accommodate the beliefs of those who reject the brain death standard on religious or moral grounds. In July 1987, the New York State Hospital Review and Planning Council adopted the regulations developed by the Task Force.


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Last Revised 12/14/01