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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 599 By: Montgomery
AS INTRODUCED
An Act relating to vital records; amendin g 63 O.S.
2021, Section 1-317, as last amended by Section 1,
Chapter 184, O.S.L. 2022 (63 O. S. Supp. 2022, Section
1-317), which relates to death certifica tes;
lengthening time period for certain requirements;
providing for disciplinary penalties; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -317, as
last amended by Section 1, Chapter 184, O.S.L. 2022 (63 O.S. Supp.
2022, Section 1-317), is amended to read as follows:
Section 1-317. A. A death certificate for each dea th 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 respo nsible 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 Sectio n 1158 of Title 21 of the Oklahoma Statutes
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shall personally sign and file the d eath 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 responsib le 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 State 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 physi cian 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 fourteen (14) calendar days after
death by the physician, physician assistant, or advanced practice
registered nurse 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 m edical 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, physician assistant, or
advanced practice registered nurse in ch arge 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 wi thin forty-eight (48) hours fourteen (14)
calendar days after death by the physician, physician assista nt, 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 hospic e’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, physician a ssistant, or advanced practice
registered nurse, sh all 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 completing cause of death on a certificate of
death who knows that a le thal drug, overdose or other means of
assisting suicide within the meaning of Sections 3141.2 through
3141.4 of this title ca used 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 inju ry occurred. If such means is
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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.
F. The authority of a physician assistant t o carry out the
functions described in this section shall be governed by the
practice agreement as provided by Section 519.6 of Title 59 of the
Oklahoma Statutes.
G. Noncompliance with the requirements fo r timely completion
and signing of a medical certification as provided in this section
may be grounds for disciplinary action by the licensing board of the
physician, physician assistant, or Advanced Practice Registered
Nurse.
SECTION 2. This act shall become effective November 1, 2023.
59-1-612 DC 1/17/2023 6:59:50 PM