scope:

Scope and Applicability.

This instruction applies, in all instances, to ships at sea where determination of death is an issue, overseas in the absence of applicable Status of Forces Agreement provisions, and within the United States in the absence of an applicable State statute. Providers and administrators must be familiar with the particular laws that apply to their facility and will consult the facility judge advocate or legal officer for guidance, as appropriate. Reference (a) has been adopted by most States. Reference (a) is available at Some State laws also contain provisions allowing competent adults with certain religious beliefs to declare in advance that the traditional, heartoriented definition of death should be applied to them. Be aware that laws change and vary from one jurisdiction to another. In general, State law does not control the practice of medicine in Federal facilities; however, claims alleging medical negligence are resolved per the law of the State where the act or omission occurred. In any State where there is a conflict between this instruction and that State's law, whenever possible the facility should apply the law of the State in which the facility is located.