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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2009 By: Townley
AS INTRODUCED
An Act relating to public health; amending 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;
authorizing an advanced practice registered nurse to
sign a death certificate; 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.
B. The funeral director shall personally sign the death
certificate and shall be responsible for filing the death
certificate. If the funeral direct or 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
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shall personally sign and file the death certificate. The personal
data shall be obtained from the next of kin or the best qualified
person or source available. 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 cert ificate 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 State Re gistrar 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 twent y-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 or
advanced practice registered nurse in charge of the patient's care
for the illness or condition whi ch 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.
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D. In the event that the physician or advanced practice
registered nurse 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 medical certification shall be completed and signed
within forty-eight (48) hours after death by the physician or
advanced practice registered nurse 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 cert ification, if signed by other than the
attending physician or advanced practice registered nurse , shall
note on the face the name of the attending physician or advanced
practice registered nurse 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
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
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describes how the injury occurred, the certifier shall indicate
"suicide" as the manner of death.
SECTION 2. This act shall become effective November 1, 2021.
58-1-6392 AB 12/11/20