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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 354 By: Bergstrom of the Senate
and
Davis of the House
An Act relating to out-of-state transport of dead
bodies; providing for deaths in certain counties with
shared state jurisdictional boundaries; authorizing
release of body to funeral director in adjoining out -
of-state county under certain conditions; stating
eligible types of deaths; defining term; requiring a
release statement; directing certificate of death be
filed within certain time; establishing requirements
for out-of-state funeral director to participate in
removing eligible bodies from this state; directing
out-of-state licenses be filed each year; restric ting
transport to certain vehicle; prohibiting other
methods of transport; subjecting out -of-state funeral
director to state jurisdiction; requiring return of
body for investigation; directing jurisdictional hold
on certain bodies; stating jurisdictional h old
period; making jurisdictional hold automatically
expire; providing exception to automatic expir ation
time; authorizing the Board of Medicolegal
Investigations and Chief Medical Examiner to
promulgate rules, procedures and forms; providing
alternative to promulgated form; construing
provisions; 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
filing death certificates; requiring certain out -of-
state funeral directors to file death certificates;
modifying language; amending 63 O.S. 2011, Section 1 -
329.1, as amended by Section 2, Ch apter 385, O.S.L.
2017 (63 O.S. Supp. 2020, Section 1 -329.1), which
relates to cremation permits; excepting certain
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eligible deaths from cremation fee and permit;
amending 63 O.S. 201 1, Section 938, as amended by
Section 6, Chapter 293, O.S.L. 2014 (63 O.S. Supp.
2020, Section 938), which relates to types of deaths
to be investigated; providing certain exception for
required investigation; amending 63 O.S. 2011,
Section 947, as amended by Section 16, Cha pter 293,
O.S.L. 2014 (63 O.S. Supp. 2020, Section 947), which
relates to certificate of death; exempting medical
examiner certificate of death for certain deaths;
amending 63 O.S. 2011 , Section 948.1, as last amended
by Section 9, Chapter 85, O.S.L. 2015 (63 O.S. Supp.
2020, Section 948.1), which relates to fee schedule;
exempting certain deaths from certain fees and
permits; providing for codification; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 955.1 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. When a death occurs in a county of this state that adjoins a
county of another state by a shared state jurisdictional boundary,
and the person legally entitled to take custody of the deceased
person’s body in this state de sires to utilize the funeral services
of an out-of-state funeral establishment located in the adjoining
out-of-state county, the dead body may be released to such person
without a medical examiner ’s investigation or this state ’s
requirement for an out -of-state transport permit or cremation permit
provided the out-of-state funeral director is in compliance with the
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provisions of this section and the death is one of the following
types:
1. A natural death that occurs from natural causes such as age
or disease. For purposes of this section, a “natural death”
specifically excludes any death caused by or suspected to be caused
by accident, injury, violence, homicide, suicide, medical procedure
or equipment, unnatural or unusual circumstances, a disease that may
be a threat to public safety or a suspicious or undetermined cause ;
2. An attended death caused by a diagnosed illness, disease or
condition that occurs under medical supervision in an Oklahoma
licensed medical facility or hospital excluding a medically
unexpected death or a death that occurs during the course of a
therapeutic procedure ;
3. A stillbirth that occurs under medical supervision in an
Oklahoma licensed medical facility or hospital that was known in
advance or medically anticipated prior to de livery;
4. An attended death caused by a diagnosed fatal or potentially
fatal illness, disease or condition that occurs under medical
supervision in an Oklahoma licensed hospice care facility ;
5. An attended death caused by a diagnosed fatal or potential ly
fatal illness, disease or condition that occurs under licensed
hospice supervision at home ; or
6. An attended death caused by a diagnosed fatal or potentially
fatal illness, disease or condition or a natural death that occurs
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under medical supervision in an Oklahoma licensed nursing home or
medical-assisted care facility.
B. The types of deaths eligible for removal from the
jurisdiction of the county of death in this state to the adjoining
out-of-state county for funeral services as authorized by subse ction
A of this section shall require a signed release by the person
legally entitled to take custody of the deceased person ’s body that
contains a clear statement that the body will be removed to the
named funeral establishment in the adjoining out -of-state county for
professional funeral services. The out -of-state funeral director is
required to file the release statement with the Office of Chief
Medical Examiner within twenty -four (24) hours of taking custody of
the body. The filing may be completed by electronic or digital
means as authorized by the Chief Medical Examiner.
C. The person legally entitled to take custody of the deceased
person’s body or the attending medical professional or physician
shall personally sign and file the death certificate within seventy-
two (72) hours after the death as provided in Section 1 -317 of Title
63 of the Oklahoma Statutes.
D. Prior to removing a dead body from this state pursuant to
the authority of this section, the out -of-state funeral director
shall have on file with the Office of the Chief Medical Examiner in
this state and the county sheriff of the county of this state that
adjoins the out-of-state county where the funeral establishment is
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located a certified copy of the valid license for the out -of-state
funeral establishment and his or her funeral director license at the
same address. The physical location of the funeral establishment
shall be in the adjoining out -of-state county to the county in this
state where the death occurred and shall be the same pla ce where the
dead body will be taken for funeral services. The out -of-state
licenses may be filed once each year and shall be valid for purposes
of this section during the license term or calendar year, whichever
occurs first.
E. Removal and transport of an eligible and authorized dead
body from the county of death in this state to the adjoining out -of-
state county for funeral services pursuant to the provisions of this
section shall be made by the out -of-state funeral director in the
funeral establishmen t’s private funeral vehicle. The dead body
shall not be shipped, transported by any commercial carrier or
transported by any other type of vehicle or method.
F. By filing an out -of-state funeral establishment license and
an out-of-state funeral director license in this state as authorized
by this section, the funeral establishment and funeral director each
submit to the jurisdiction of this state for purposes of making and
filing reports, certificates and documents required for processing a
death in this state and further each voluntarily agrees to be
responsible for the costs of return of the dead body removed from
this state upon request of an Oklahoma law enforcement officer,
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district attorney or Chief Medical Examiner as required for
investigation of the death. A State of Oklahoma jurisdictional hold
shall be placed on a dead body removed under the provisions of this
section for seventy-two (72) hours during which time no burial or
cremation is authorized by the out -of-state funeral director. The
jurisdictional hold shall automatically expire after seventy -two
(72) hours from the time the dead body is removed from this state
unless the body is required to be returned to this state for
investigation.
G. For purposes of this section, the attending medic al
professional or physician shall complete the medical certification
of death within forty -eight (48) hours after death as required by
law pursuant to Section 1 -317 of Title 63 of the Oklahoma Statutes.
H. The Board of Medicolegal Investigations together with the
Chief Medical Examiner may promulgate rules, procedures and forms to
implement and enforce the provisions of this section. In the
alternative to a promulgated form, the Chief Medical Examiner may
accept a written release statement prepared and f iled by the out-of-
state funeral director for an eligible and authorized death.
I. Nothing in this section shall be construed to restrict or
expand the transport, cremation or any permit issuance for a dead
body into or out of this state as authorized by another provision of
law in this state or the laws of another state ’s jurisdiction.
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SECTION 2. 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 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 certificate. For purposes
of Section 1 of this act, the out -of-state funeral director shall
personally sign and shall be responsi ble for filing the death
certificate in this state. The personal data shall be obtained f rom
the next of kin or the best qualified 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 certificati on
portion of the certificate of death within twenty -four (24) hours
after the death. No later than July 1, 2012, the The personal data,
and no later than July 1, 2017, the medical certificate portion ,
shall be entered into the prescribed electronic syste m provided by
the State Registrar of Vital Statistics and the information
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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
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 The
medical certification portion of certificate data shall be entered
into the prescribed electronic system provided by the S tate
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 medical 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.
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Provided, that such certification, if signed by other than the
attending physician, shall note on the face t he 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 Sect ions 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 or in the box that describes how the
injury occurred, the certifier shall indicate “suicide” as the
manner of death.
SECTION 3. AMENDATORY 63 O.S. 2011, Section 1 -329.1, as
amended by Section 2, Chapter 385, O.S.L. 2017 (63 O.S. Supp. 2020,
Section 1-329.1), is amended to read as follows:
Section 1-329.1. Until a permit for disposal has been issued in
accordance with this section, no dead human body whose death
occurred within the State of Oklahoma this state shall be cremated,
buried at sea, or made unavailable for further pathologic study by
other recognized means of destruction or dissolution of such
remains, except as otherwise authorized herein .
When the person legally responsible for disposition of a dead
human body, whose death occurred or was pronounced within this
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state, desires that the body be cremated, buried at sea , or made
unavailable for further pathologic study by other recognized means
of destruction or dissolution of such remains, that person shall
complete an applicat ion-permit form for such procedure provided by
the Office of the Chief Medical Examiner. For purposes of Section 1
of this act, no application -permit shall be required to transport an
eligible body from the county of death in this state to the
adjoining out-of-state county for cremation or burial provided the
body is held by the out -of-state funeral director for the required
seventy-two (72) hours prior to cremation or burial. The Office of
the Chief Medical Examiner, in accordance with Section 948.1 of t his
title, shall charge a fee for each cremation permit issued. The
Medical Examiner shall be notified, as required in Section 938 of
this title. He or she shall perform the required investigation and
shall issue a valid death certificate as required by Section 947 of
this title and execute the permit in accordance with rules
established by the Office of the Chief Medical Examiner. In order
to be valid, each permit must contain an individual number assigned
to the particular permit by the Office of the C hief Medical
Examiner. A copy of the application -permit form and the original
death certificate shall be filed with the State Registrar. The
original application -permit form shall be filed by the funeral
director with the Office of the Chief Medical Exam iner. Such filing
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shall occur or be postmarked within forty -eight (48) hours of the
death.
If death occurred or was pronounced outside the geographic
limits of the State of Oklahoma this state and the body is brought
into this state for such disposal, a t ransit permit or a permit for
removal, issued in accordance with the laws and regulations in force
where the death occurred shall authorize the transportation of the
body into or through this state and shall be accepted in lieu of a
certificate of death as required above. A valid permit issued for
disposal of such body in accordance with the laws in the
jurisdiction where the body died or death was pronounced shall be
authority for cremation or burial at sea or to make the body
otherwise unavailable for fu rther pathologic study by other
recognized means of destruction or dissolution of such remains.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 941a -1 of Title 63, unless there
is created a duplication in numbering, reads as follows:
For an eligible death type enumerated in subsection A of Section
1 of this act and solely for the purpose authorized in Section 1 of
this act, the body of the deceased person may be released to the
person legally entitled to take custody thereof upon a signed
written release and statement naming the place where the body will
be transported for funeral services in the adjoining out -of-state
county, unless an attending medical professional, witness, law
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enforcement officer or emergency first responder has notified the
Chief Medical Examiner, or his or her designee, of the need for
further investigation into the cause of death, or has notified the
appropriate district attorney of such need. In the event
investigation into the cause of death is required, the body shall be
held by the medical examiner until such investigation is completed.
SECTION 5. AMENDATORY 63 O.S. 2011, Section 938, as
amended by Section 6, Chapter 293, O.S.L. 201 4 (63 O.S. Supp. 2020,
Section 938), is amended to read as follows:
Section 938. A. All human deaths of the types listed herein
shall be investigated as provided by law:
1. Violent deaths, whether apparently homicidal, suicidal , or
accidental;
2. Deaths under suspicious, unusual or unnatural circumstances;
3. Deaths related to disease which might constitute a threat to
public health;
4. Deaths unattended by a licensed physician for a fatal or
potentially-fatal potentially fatal illness;
5. Deaths that are medi cally unexpected and that occur in the
course of a therapeutic procedure;
6. Deaths of any persons detained or occurring in custody of
penal incarceration; and
7. Deaths of persons whose bodies are to be cremated,
transported out of the state, donated to educational entities, to
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include limited portions of the body, or otherwise made ultimately
unavailable for pathological study ; and
8. Except as provide d in Section 1 of this act, deaths
transported out of state .
B. The Chief Medical Examiner shall stat e on the certificate of
death of all persons whose death was caused by execution pursuant to
a lawful court order that the cause of death was the execution of
such order.
SECTION 6. AMENDATORY 63 O.S. 2011, Section 947, as
amended by Section 16, Chapter 293, O.S.L. 2014 (63 O.S. Supp. 2020,
Section 947), is amended to read as follows:
Section 947. A. The certification of death of any person whose
death is investigated under Section 931 et seq. of this title shall
be made by the Chief Medical Examiner or his or her designee upon a
medical examiner death certificate provided by the State Registrar
of Vital Statistics. Such death certificates shall be valid only
when signed by the Chief Medical Examiner or his or her designee.
Copies of all such certificates shall be forwarded immediately upon
receipt by the State Registrar of Vital Statistics to the Office of
the Chief Medical Examiner.
B. Any certification of death by an attending physician may be
referred by the State Registrar of Vital Statistics to the Chief
Medical Examiner for investigation and the amending of the original
certificate of death by the filing of a medical examiner death
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certificate by the Chief Medical Examiner or his or her designee
when the death is determined by the Chief Medical Examiner to be one
properly requiring investigation under Section 938 of this title.
C. Medical examiner death certificates will not be required in
cases investigated solely for the purpose of issuing a permit for
transport of a body out of state.
D. Medical examiner death certificates will not be required for
transport of a body from the county of death in this state to the
adjoining out-of-state county as authorized by Section 1 of this
act.
SECTION 7. AMENDATORY 63 O.S. 2011, Section 948.1, as
last amended by Section 9, Chapter 85, O.S.L. 2015 (63 O.S. Supp.
2020, Section 948.1), is amended to read as follows:
Section 948.1. A. The Board of Medicolegal Investigations may
establish a fee schedule for forensi c services, permits and reports
rendered to members of the public and other agencies.
1. No fee schedule may be established or amended by the Board
except during a regular legislative session. The Board shall comply
with the Administrative Procedures Act for adoption of rules and
establishing or amending any such fee schedule.
2. Except as otherwise specified in this section, the Board
shall charge fees only within the following ranges:
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a. permit for cremations that occur within the state:
One Hundred Dollars ($100.00) to Two Hundred Dollars
($200.00),
b. forensic science service: One Hundred Dollars
($100.00) to Three Thousand Dollars ($3,000.00),
c. report copies: Ten Dollars ($10.00) for report of
investigation, including toxicology, and Twenty
Dollars ($20.00) for an autopsy report , including
toxicology,
d. x-rays: Fifteen Dollars ($15.00) each,
e. microscopic slides, Hematoxylin , and Eosin (H&E): Ten
Dollars ($10.00) each,
f. special stains: Fifteen Dollars ($15.00) each, and
g. photographs: Twenty-five Dollars ($25.00) per compact
disc (CD) or other suitable digital storage media.
3. Medical examiner permit certificates shall be required in
cases investigated solely for the purpose of issuing a permit for
transporting a body out of state , except as provided in paragraph 6
of this subsection.
4. The Board of Medicolegal Investigations shall charge a fee
for out-of-state shipment of human remains whenever the Office of
the Chief Medical Examiner has not been required to conduct an
investigation of the death.
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5. An out-of-state transport permit and cremation permit shall
both be required for bodies containing body parts sent out of state
or out of country, while remaining body parts remain unused.
6. No fee shall be charged, and no permit shall be required for
an eligible body transported from the county of death in this state
to the adjoining out -of-state county as authorized by Section 1 of
this act.
B. The Board shall base the fee schedule for forensic science
services, permits and reports up on reasonable costs of review,
investigation and forensic science service delivery; provided,
however, the fee schedule shall be within the ranges specified in
subsection A of this section. The Board shall continue a system of
basic and continuing educati onal service and training for all
personnel who render forensic science services in order to ensure
uniform statewide application of the rules of the Board. The Board
shall consider the reasonable costs associated with such training
and continuing educati on in setting the forensic science service
fees.
C. The Board may exempt by rule any agency or class of
individuals from the requirements of the fee schedule if the Board
determines that the fees would cause an unreasonable economic
hardship or would othe rwise hinder or conflict with an agency ’s
responsibilities.
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D. All statutory fees currently in effect for permits or
forensic science services administered by the Chief Medical Examiner
and the Board of Medicolegal Investigations within the jurisdiction
of the Office of the Chief Medical Examiner shall remain in effect
until such time as the Board acts to implement new schedules
pursuant to the provisions of this section and Section 948 of this
title.
SECTION 8. This act shall become effec tive July 1, 2021.
SECTION 9. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and a fter its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON TRANSPORTATION, dated 04/08/2021 -
DO PASS.