To the Editor Mr Gostin in his Viewpoint1 argued that 鈥淎ll states have followed the model act, although 2 states鈥擭ew Jersey and New York鈥攔equire hospitals to consider the family鈥檚 religious or moral views in determining a course of action after brain death.鈥�
However, the New Jersey statute and New York regulation require consideration of the individual鈥檚 belief, not the family鈥檚. Furthermore, these states require determining death not by neurological criteria (and thus not after brain death) but solely upon the basis of cardiorespiratory criteria.2