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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1638 By: Lepak of the House
and
Bergstrom of the Senate
AS INTRODUCED
An Act relating to publ ic health and safety; am ending
63 O.S. 2011, Section 1 -317, as last amended by
Section 2, Chapter 305, O.S.L. 2019 (63 O.S. Supp.
2020, Section 1-317), which relates to death
certificates; requiring the funeral director to
provide certain notification; amending 63 O.S. 2011,
Section 1-324.1, as last amended by Section 53,
Chapter 161, O.S.L. 2020 (63 O.S. Supp. 2020, Section
1-324.1), which relates to birth, death, or
stillbirth certificates; prohibiting certain actions;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 1 -317, as
last amended by Section 2, Chapter 305, O.S.L. 2019 (63 O.S. Supp.
2020, Section 1-317), is amended to read as follows:
Section 1-317. A. A death certificate for each death which
occurs in this state shall be filed with the State Department of
Health, within three (3) days after such death.
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B. The funeral director shall personally sign the death
certificate and shall be responsible for f iling the death
certificate. If the funeral director is not available, the person
acting as such who first assumes custody of a dead body in
accordance with Section 1158 of Title 21 of the Oklahoma Statutes
shall personally sign and file the death certifi cate. The personal
data shall be obtained from the next of kin or the best qualified
person or source available. The funeral director or person acting
as such shall notify the person providing the personal data that it
is a felony to knowingly provide fa lse data or misrepresent any
person's relationship to the decedent . The certificate shall be
completed as to personal data and delivered to the attending
physician or the medical examiner responsible for completing the
medical certification portion of the certificate of death within
twenty-four (24) hours after the death. No later than July 1, 2012,
the personal data, and no later than July 1, 2017, the medical
certificate portion, shall be entered into the prescribed electronic
system provided by the Sta te Registrar of Vital Statistics and the
information submitted to the State Registrar of Vital Statistics.
The resultant certificate produced by the electronic system shall be
provided to the physician or medical examiner for medical
certification within twenty-four (24) hours after the death.
C. The medical certification shall be completed and signed
within forty-eight (48) hours after death by the physician in charge
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of the patient's care for the illness or condition which resulted in
death, except when inquiry as to the cause of death is required by
Section 938 of this title. No later than July 1, 2017, the medical
certification portion of certificate data shall be entered into the
prescribed electronic system provided by the State Registrar of
Vital Statistics and the information submitted to the State
Registrar of Vital Statistics.
D. In the event that the physician in charge of the patient 's
care for the illness or condition which resulted in death is not in
attendance at the time of death, the medi cal certification shall be
completed and signed within forty -eight (48) hours after death by
the physician in attendance at the time of death, except:
1. When the patient is under hospice care at the time of death,
the medical certification may be signed by the hospice's medical
director; and
2. When inquiry as to the cause of death is required by Section
938 of this title.
Provided, that such certification, if signed by other than the
attending physician, shall note on the face the name of the
attending physician and that the information shown is only as
reported.
E. A certifier completing cause of death on a certificate of
death who knows that a lethal drug, overdose or other means of
assisting suicide within the meaning of Sections 3141.2 through
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3141.4 of this title caused or contributed to the death shall list
that means among the chain of events under cause of death or list it
in the box that describes how the injury occurred. If such means is
in the chain of events under cause of death or in the box that
describes how the injury occurred, the certifier shall indicate
"suicide" as the manner of death.
SECTION 2. AMENDATORY 63 O.S. 2011, Section 1 -324.1, as
last amended by Section 53, Chapter 161, O.S.L. 2020 (63 O.S. Supp.
2020, Section 1-324.1), is amended to read as follows:
Section 1-324.1 A. It shall be unlawful for any person to
commit any of the following specified acts in relation to birth,
death or stillbirth certificates issued by this state:
1. Create, issue, pre sent or possess a fictitious birth, death
or stillbirth certificate;
2. Apply for a birth, death or stillbirth certificate under
false pretenses;
3. Alter information contained on a birth, death or stillbirth
certificate;
4. Obtain, display or represent a birth certificate of any
person as one's own by any person, other than the person named on
the birth certificate;
5. Obtain, display or represent a fictitious death or
stillbirth certificate for the purpose of fraud;
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6. Make a false statement or knowi ngly conceal a material fact
or otherwise commit fraud in an application for a birth, death or
stillbirth certificate; or
7. Knowingly present a false or forged certificate for filing ;
8. Knowingly provide false personal data to a certifier of a
death certificate; or
9. Knowingly misrepresent any person 's relationship to the
decedent.
B. Except as otherwise provided in this subsection, it is a
felony for any employee or person authorized to issue or create a
birth, death or stillbirth certificate or rel ated record under this
title to knowingly issue such certificate or related record to a
person not entitled thereto, or to knowingly create or record such
certificate bearing erroneous information thereon. A certifier who
knowingly omits to list a lethal agent or improperly states manner
of death in violation of subsection E of Section 1 -317 of this title
shall be deemed to have engaged in unprofessional conduct as
described in paragraph 8 of Section 509 of Title 59 of the Oklahoma
Statutes.
C. Except as otherwise provided in subsection B of this
section, a violation of any of the provisions of this section shall
constitute a felony.
D. Notwithstanding any provision of this section, the State
Commissioner of Health or a designated agent, upon the request of a
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chief administrator of a health or law enforcement agency, may
authorize the issuance, display or possession of a birth, death or
stillbirth certificate, which would otherwise be in violation of
this section, for the sole purpose of education with reg ard to
public health or safety; provided, however, any materials used for
such purposes shall be marked "void".
E. The provisions of this section shall not apply to any
request made to the State Department of Health pursuant to
subsection E of Section 155 0.41 of Title 21 of the Oklahoma
Statutes.
SECTION 3. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 02/24/2021 -
DO PASS, As Coauthored.