Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB3540 Comm Sub / Bill

Filed 03/02/2022

                     
 
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STATE OF OKLAHOMA 
 
2nd Session of the 58th Legislature (2022) 
 
COMMITTEE SUBSTITUTE 
FOR 
HOUSE BILL NO. 3540 	By: Caldwell (Chad) 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to physician assistants; amending 63 
O.S. 2021, Section 1-317, which relates to death 
certificates; permitting physician assistants to sign 
the medical certification of a death certificate; and 
providing an effective date . 
 
 
 
 
 
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA: 
SECTION 1.    AMENDATORY    63 O.S. 2021, 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 Departme nt of 
Health, within three (3) days after such death. 
B.  The funeral director shall personally sign the death 
certificate and shall be resp onsible for filing the death 
certificate.  If the funeral director is not available, the person 
acting as such who f irst assumes custody of a dead body in 
accordance with Section 1158 of Ti tle 21 of the Oklahoma Statutes 
shall personally sign and file the death certificate. The personal   
 
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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 del ivered to the attending physician or the 
medical examiner responsi ble 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 t han July 1, 2017, the medical 
certificate portion, shall be entere d into the prescribed electronic 
system provided by the State Registrar of Vital Statistics and the 
information submitted to the State Registrar of Vital Statistics.  
The resultant certifica te produced by the electronic system shall be 
provided to the phys ician 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 or 
advanced practice registered nurse or physician assistant in charge 
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 t itle.  No later than July 1, 2017, the medical 
certification portion of cer tificate 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 or physician assistant in charge of the patient 's 
care for the illness or condition which resul ted in death is not in 
attendance at the time of death, the medical certi fication shall be 
completed and signed within forty -eight (48) hours after death by 
the physician or advanced practice registered nurse or physician 
assistant in attendance at the tim e of death, except: 
1.  When the patient is under hospice care at the tim e of death, 
the medical certification may be signed by the hospice 's medical 
director; and 
2.  When inquiry as to the cause of deat h is required by Section 
938 of this title. 
Provided, that such certification, if signed by other than the 
attending physician or advanced practice registered nurse or 
physician assistant, shall note on the face the name of the 
attending physician, physician assistant, or advanced practice 
registered nurse and that the information shown is only as reported. 
E.  A certifier compl eting cause of death on a certificate of 
death who knows that a lethal drug, overdose or other me ans 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, 2022. 
 
58-2-10841 KN 03/01/22