71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 235
Sponsored by Senator HARPER, Representative MONNES ANDERSON;
Senators DECKERT, MESSERLE, SHIELDS, Representatives BATES,
DEVLIN, GARRARD, HILL, KNOPP, LOWE, NELSON, V WALKER
CHAPTER ................
AN ACT
Relating to authority of nurse practitioners; amending ORS
432.307, 432.317 and 678.375.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 678.375 is amended to read:
678.375. (1) The Oregon State Board of Nursing is authorized to
issue certificates of special competency to licensed registered
nurses to practice as nurse practitioners if they meet the
requirements of the board pursuant to ORS 678.380.
(2) No person shall practice as a nurse practitioner or hold
oneself out to the public or to an employer, or use the initials,
name, title, designation or abbreviation as a nurse practitioner
until and unless such person is certified by the board.
{ + (3) A registered nurse, certified as a nurse
practitioner, is authorized to complete and sign death
certificates. Death certificates signed by a certified nurse
practitioner shall be accepted as fulfilling all the requirements
of the laws dealing with death certificates. A certified nurse
practitioner who signs a death certificate must comply with all
provisions of ORS 432.307. + }
{ - (3) - } { + (4) + } A registered nurse, certified as a
nurse practitioner, is authorized to prescribe drugs for the use
of and administration to other persons if approval has been given
under ORS 678.390. The drugs which the nurse practitioner is
authorized to prescribe shall be included within the certified
nurse practitioner's scope of practice as defined by rules of the
board subject to ORS 678.385.
{ - (4) - } { + (5) + } The dispensing of certain limited
medications prescribed by a nurse practitioner in accordance with
the formulary established under ORS 678.385 and dispensed by a
licensed pharmacist or an employee thereof may be filled by a
pharmacist according to the terms of the prescription. The
filling of such a prescription shall not constitute evidence of
negligence on the part of the pharmacist if the prescription was
dispensed within the reasonable and prudent practice of pharmacy.
{ - (5) - } { + (6) + } As used in this section:
(a) 'Drug' means medicines and preparations for internal or
external use of human beings which are recognized in the
formulary adopted pursuant to ORS 678.385.
Enrolled Senate Bill 235 (SB 235-A) Page 1
(b) 'Prescribe' means to direct, order or designate the
preparation, use of or manner of using by spoken or written
words.
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.
Enrolled Senate Bill 235 (SB 235-A) Page 2
(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
Enrolled Senate Bill 235 (SB 235-A) Page 3
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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Enrolled Senate Bill 235 (SB 235-A) Page 4
Passed by Senate March 8, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 21, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 235 (SB 235-A) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 235 (SB 235-A) Page 6