Legal and Procedural Requirements

The legal requirements for brain stem death certification in the UK are set out in the 2008 AoMRC Code of Practice and must be followed precisely:

RequirementDetail
Number of doctorsTwo doctors must independently perform complete sets of tests
SeniorityAt least one must be a consultant; both must hold full GMC registration for at least 5 years
SpecialtyBoth doctors must be competent in brain stem death testing; usually the ICU consultant plus a second consultant from a relevant specialty
ExclusionNeither doctor can be a member of the transplant team or have any involvement in organ donation coordination
Number of test occasionsTests are performed on two separate occasions. Both sets must confirm brain stem death.
Time of deathThe legal time of death is recorded as the time the first set of tests was completed — even if the heart continues to beat
Family consentConsent from the family is NOT required to perform brain stem death tests. The diagnosis is a clinical one.
DocumentationFull documentation using dedicated brain stem death testing forms is mandatory in all cases