71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 235
 
LC 1890/SB 235-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 235
 
            By COMMITTEE ON HEALTH AND HUMAN SERVICES
 
                             March 6
 
  In line 2 of the printed bill, after 'ORS' insert ' 432.307,
432.317 and'.
  In line 11, after 'to' insert 'complete and'.
  In line 13, after the period insert 'A certified nurse
practitioner who signs a death certificate must comply with all
provisions of ORS 432.307.'.
  After line 28, insert:
  '  { +  SECTION 2. + } ORS 432.307 is amended to read:
  ' 432.307. (1) A certificate of death for each death that
occurs in this state shall be submitted to the county registrar
of the county in which the death occurred or to the Center for
Health Statistics, or as otherwise directed by the State
Registrar of the Center for Health Statistics, within five days
after death or the finding of a dead body and prior to final
disposition, and shall be registered if it has been completed and
filed in accordance with this section.
  ' (a) If the place of death is unknown, but the dead body is
found in this state, the certificate of death shall be completed
and filed in accordance with this section. The place where the
body is found shall be shown as the place of death. If the date
of death is unknown, it shall be determined by approximation. If
the date cannot be determined by approximation, the date the dead
body is found shall be entered and identified as the date of
death.
  ' (b) When death occurs in a moving conveyance:
  ' (A) In the United States and the body is first removed from
the conveyance in this state, the death shall be registered in
this state and the place where it is first removed shall be
considered the place of death.
  ' (B) While in international waters or air space or in a
foreign country or its air space and the body is first removed
from the conveyance in this state, the death shall be registered
in this state but the certificate shall show the actual place of
death insofar as can be determined.
  ' (c) In all other cases, the place where death is pronounced
shall be considered the place where death occurred.
  ' (2) The funeral service practitioner or person acting as a
funeral service practitioner who first assumes custody of the
dead body shall submit the certificate of death. The funeral
service practitioner or person acting as a funeral service
practitioner shall obtain the personal data from the next of kin
or the best qualified person or source available and shall obtain
the medical certification from the person responsible therefor.
The funeral service practitioner or person acting as a funeral
service practitioner shall provide the certificate of death
containing information as specified by rule to identify the
decedent to the certifier within 48 hours after death.
  ' (3) The physician  { + or certified nurse practitioner + } in
charge of the care of the patient for the illness or condition
that resulted in death shall complete, sign and return the
medical certification of death to the funeral service
practitioner or person acting as a funeral service practitioner
within 48 hours after receipt of the certificate of death by the
physician { +   + }  { +  or nurse practitioner + }, except when
inquiry is required by ORS chapter 146. In the absence or
inability of the physician  { + or nurse practitioner + } or with
the approval of the physician, the medical certification of death
may be completed by an associate physician, the chief medical
officer of the institution in which death occurred or the
physician who performed an autopsy upon the decedent, provided
that the individual has access to the medical history of the case
and death is due to natural causes. The person completing the
medical certification of death shall attest to its accuracy
either by signature or by an approved electronic process.
  ' (4) When inquiry is required by ORS chapter 146, the medical
examiner shall determine the cause of death and shall complete
and sign the medical certification of death within 48 hours after
taking charge of the case.
  ' (5) If the cause of death cannot be determined within the
time prescribed, the medical certification of death shall be
completed as provided by rule of the state registrar. The
attending physician  { + or nurse practitioner + } or
 { + the + } medical examiner shall give the funeral service
practitioner or person acting as a funeral service practitioner
notice of the reason for the delay and final disposition of the
body shall not be made until authorized by the attending
physician  { + or nurse practitioner + } or  { + the + }
 { +  + } medical examiner.
  ' (6) Upon receipt of autopsy results or other information that
would change the information in the 'Cause of Death' section of
the certificate of death from that originally reported, the
certifier shall immediately file a supplemental report of cause
of death with the Center for Health Statistics to amend the
certificate.
  ' (7) When a death is presumed to have occurred within this
state but the body cannot be located, a certificate of death may
be registered by the state registrar only upon receipt from the
State Medical Examiner. Such a death certificate shall be marked
' Presumptive' and shall show on its face the date of
registration.
  ' (8) When a death occurring in this state has not been
registered within the time period prescribed by this section, a
certificate of death may be filed in accordance with rules of the
state registrar. The certificate shall be registered subject to
evidentiary requirements as the state registrar by rule shall
prescribe to substantiate the alleged facts of death.
  ' (9) A certificate of death registered one year or more after
the date of death or the date the dead body was found shall be
marked 'Delayed' and shall show on its face the date of the
delayed registration.
  ' (10) When an applicant does not submit the minimum
documentation required by rule of the state registrar for delayed
registration or when the state registrar has cause to question
the validity or adequacy of the applicant's sworn statement or
the documentary evidence and if the deficiencies are not
corrected, the state registrar shall not register the delayed
certificate of death and shall advise the applicant of the right
of appeal under ORS 183.480 to 183.484.
  ' (11) A certificate of death required to be filed under this
section shall contain the Social Security number of the decedent
whenever the Social Security number is reasonably available from
other records concerning the decedent or can be obtained from the
person in charge of the final disposition of the decedent.
  '  { +  SECTION 3. + } ORS 432.317 is amended to read:
  ' 432.317. (1) The funeral service practitioner or person
acting as a funeral service practitioner who first assumes
possession of a dead body or fetus shall make a written report to
the county registrar in the county in which death occurred or in
which the body or fetus was found within 24 hours after taking
possession of the body or fetus. The report shall be on a form
prescribed and furnished by the State Registrar of the Center for
Health Statistics and in accordance with rules adopted by the
Health Division.
  ' (2) Prior to final disposition of the body, the funeral
service practitioner or person acting as a funeral service
practitioner who first assumes custody of a dead body shall,
prior to final disposition of the body, obtain written
authorization for final disposition of the body from the
physician { + , certified nurse practitioner + } or medical
examiner who certifies the cause of death as provided in ORS
432.307 (3) on a form prescribed and furnished by the state
registrar. If such practitioner or person is unable to obtain
such written authorization prior to final disposition of the
body, the practitioner or person, with the oral consent of the
physician,  { + the nurse practitioner, + } the medical examiner
or a licensed health professional authorized to give such consent
on behalf of the physician or medical examiner who is responsible
for certifying the cause of death, may authorize final
disposition of the body on a form prescribed and furnished by the
state registrar.
  ' (3) Prior to final disposition of a fetus, irrespective of
the duration of pregnancy, the funeral service practitioner, the
person in charge of the institution or other person assuming
responsibility for final disposition of the fetus shall authorize
final disposition of the fetus on a form prescribed and furnished
or approved by the state registrar.
  ' (4) With the consent of the physician { + , nurse
practitioner + } or medical examiner who is to certify the cause
of death, a dead body may be moved from the place of death for
the purpose of being prepared for final disposition.
  ' (5) An authorization for final disposition issued under the
laws of another state which accompanies a dead body or fetus
brought into this state shall be authority for final disposition
of the body or fetus in this state. Permits for transporting a
body or fetus out of another state issued under the laws of
another state shall be authority for transporting a body or fetus
into Oregon.
  ' (6) No sexton or other person in charge of any place in which
interment or other disposition of dead bodies is made shall inter
or allow interment or other disposition of a dead body or fetus
unless it is accompanied by authorization for final disposition.
  ' (7) Each person in charge of any place for final disposition
shall include in the authorization the date of disposition and
shall complete and return all authorizations to the county
registrar within 10 days after the date of the disposition. When
there is no person in charge of the place for final disposition,
a responsible party other than the funeral service practitioner
or person acting as a funeral service practitioner shall complete
and return the authorization to the county registrar within 10
days after the date of disposition.
  ' (8) Authorization for disinterment and reinterment shall be
required prior to disinterment of a dead body or fetus. The
authorization shall be issued by the state registrar to a
licensed funeral service practitioner or person acting as a
funeral service practitioner, upon proper application.
  ' (9) Prior to removing a dead body or fetus from the State of
Oregon under ORS 692.270, a person acting as a funeral service
practitioner as defined in ORS 432.005 (11)(b) shall submit a
written notice of removal to the county registrar in the county
in which death occurred or in which the body or fetus was found.
The notice shall be on a form prescribed and furnished by the
State Registrar of the Center for Health Statistics and in
accordance with rules adopted by the Health Division. A copy of
the written notice of removal shall serve as a transit permit for
the remains of the decedent named on the notice.'.
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