OK
Oklahoma Senate Bill SB707

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB707 Compare Versions

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4-An Act
5-ENROLLED SENATE
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+1st Session of the 59th Legislature (2023)
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35+ENGROSSED SENATE
636 BILL NO. 707 By: Rosino of the Senate
737
838 and
939
1040 Roe of the House
1141
1242
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1545 An Act relating to public health and safety; amending
16-63 O.S. 2021, Section 1 -317, as amended by Section 1,
17-Chapter 184, O.S.L. 2022 (63 O.S. Supp. 202 3, Section
18-1-317), which relates to death certificates;
19-extending time periods of certain requirements;
20-removing obsolete and duplicative language;
21-clarifying applicability of certain provision;
22-specifying certain procedures for filing of death
23-certificate; granting immunity from civil damages
24-under certain conditions; amending 63 O.S. 2021,
25-Section 941, which relates to investigation by the
26-Office of the Chief Medical Examiner; imposing
46+63 O.S. 2021, Section 1-317, as last amended by
47+Section 1, Chapter 184, O.S.L. 2022 (63 O.S. Supp.
48+2022, Section 1-317), which relates to death
49+certificates; extending time periods of certain
50+requirements; removing obsolete and duplicative
51+language; clarifying appli cability of certain
52+provision; specifying certain procedures for filing
53+of death certificate; gr anting immunity from civil
54+damages under certain conditions; amending 63 O.S.
55+2021, Section 941, whic h relates to investigation by
56+the Office of the Chief Medic al Examiner; imposing
2757 timeline for conclusion of investigation except under
2858 certain circumstance s; requiring the Office to make a
2959 good faith effort to provide certain disclosure;
3060 requiring certain notice to contain specified
3161 information; requiring licensed funeral director to
3262 make good faith effort to provide certain assistance;
3363 directing creation of certain process; amending 63
3464 O.S. 2021, Section 947, which relates to certificate
3565 of death; requiring final certification of death to
3666 be signed immediately upo n conclusion of
3767 investigation; updating statutory language; providing
3868 for codification; and prov iding an effective date.
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43-SUBJECT: Death certificates
44-
4573 BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
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48-ENR. S. B. NO. 707 Page 2
49101 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -317, as
50-amended by Section 1, Chapter 184, O.S.L. 2022 (63 O.S. Supp. 202 3,
51-Section 1-317), is amended to read as follows:
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102+last amended by Section 1, Chapter 184, O.S.L. 2022 (63 O.S. Supp.
103+2022, Section 1-317), is amended to read as follows:
53104 Section 1-317. A. A death certificate for each death which
54105 occurs in this state sha ll be filed with the State Department of
55106 Health, within three (3) ten (10) calendar days after such death.
56-
57107 B. The It shall be the duty of the funeral director shall
58108 personally sign the death certificate and shall be responsible for
59109 filing to file the death certificate. If the funeral director is
60110 not available, the person acting as such who first assumes custody
61111 of a dead body in accordance with Section 1158 of Title 21 of the
62112 Oklahoma Statutes shall personally sign and file the de ath
63113 certificate. The funeral director shall obtain the personal data
64114 shall be obtained from the next of kin or the best qualified person
65115 or source available. The certificate shall be completed as to
66116 personal data and delivered to the attending physician or the
67117 medical examiner responsibl e for completing the medical
68118 certification portion of the certificate o f death within twenty-four
69119 (24) hours after the death. No later than July 1, 2012, the
70120 personal data, and no later than July 1, 2017, the medical
71121 certificate portion, shall be entered, enter the personal data into
72122 the prescribed electronic system provided prescribed by the State
73123 Registrar of Vital Statistics, and the information submitted to the
74124 State Registrar of Vital Statistics. The resultant electronically
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75152 transmit the partial certificate produced by the electronic system
76153 shall be provided to the physician, physician assistant, Advanced
77154 Practice Registered Nurse, or medical examiner responsible for
78155 completing the medical certification portion of the certificate of
79156 death within twenty-four (24) hours after the death.
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81157 C. 1. The medical certification sh all be completed and signed
82158 within forty-eight (48) hours certified within five (5) calendar
83159 days after death receipt of the partial certificate by the
84160 physician, physician assistant, or advanced practice re gistered
85161 nurse Advanced Practice Registered Nurse in charge of the patient’s
86162 care for the illness or condition which resulted in death, except
87163 when inquiry as to the ca use of death is required by S ection 938 of
88164 this title. No later than July 1, 2017, the The physician,
89165 physician assistant, or Advanced Practice Registered Nu rse shall
90166 enter and certify the medical certification portion of certificate
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93167 data shall be entered into in the prescribed electronic system
94168 provided prescribed by the State Registrar of Vital Statistics and
95169 the information submitted to the State Registrar of Vital
96170 Statistics.
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98171 D. 2. In the event that the physician, physician assistant, or
99172 advanced practice re gistered nurse Advanced Practice Re gistered
100173 Nurse in charge of the patient’s care for the illness or condition
101174 which resulted in death is not in attendance at the time of death ,
102175 the medical certification shall be completed and signed within
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103203 forty-eight (48) hours five (5) calendar days after death receipt of
104204 the partial certificate by the physician, physician assistant, or
105205 advanced practice registered nurse Advanced Practice Registered
106206 Nurse in attendance at the time of death, except:
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108207 1. When
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110208 a. when the patient is under hospi ce care at the time of
111209 death, the medical certification may be signed by the
112210 hospice’s medical director;, and
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114211 2. When
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116212 b. when inquiry as to the cause of death is required by
117213 Section 938 of this title.
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119214 Provided, that such certification, if sig ned by other than the
120215 attending physician, physician assistant, or advanced practice
121216 registered nurse Advanced Practice Registered Nurse, shall note on
122217 the face the name of the attending physician, physician assistant,
123218 or advanced practice re gistered nurse Advanced Practice Registered
124219 Nurse and that the information shown is only as reported.
125-
126220 D. Within four (4) calendar days after receipt of the medical
127221 certification from the physician, physician assistant, or Advanc ed
128222 Practice Registered Nurse as described in subsection C of this
129223 section, the funeral director shall conduct a final review of the
130224 personal data and the medical c ertification, electronically sign the
131225 death certificate, and submit the death certificate to the State
132226 Registrar of Vital Statistics through the electronic system
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133254 prescribed by the State Registrar of Vital Statistics for official
134255 registration.
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136-ENR. S. B. NO. 707 Page 4
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138256 E. A certifier completing cause of death on a certificate of
139257 death who knows that a lethal drug, overdose or other means of
140258 assisting suicide within the meaning of Section s 3141.2 through
141259 3141.4 of this title caus ed or contributed to the death shall list
142260 that means among the chain of events under cause of death or list it
143261 in the box that describes how the injury occurred. If such means is
144262 in the chain of events under cause of death or in the box that
145263 describes how the injury occurred, the certifier shall indicate
146264 “suicide” as the manner of death.
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148265 F. The authority of a physician assistant to carry out the
149266 functions described in this section shall be governed by the
150267 practice agreement as provided by Section 519.6 of Title 59 of the
151268 Oklahoma Statutes.
152-
153269 G. A physician, physician assistant, or Advanced Practice
154270 Registered Nurse completing and signing a medical certification in
155271 accordance with this section shall not be liable in a civil action
156272 to recover damages for any acts or omissions relating to the medical
157273 certification if the cause of death is determined in good faith
158274 using the individual’s best clinical judgment consistent with
159275 current guidance provided by the applicable licensing board, u nless
160276 the acts or omissions amount to willful or wanton misconduct. The
161277 immunity provided by this subsection shall be in addition to any
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162305 other immunity from liability to wh ich these individuals may be
163306 entitled.
164-
165307 SECTION 2. AMENDATORY 63 O.S. 2021, Section 941, is
166308 amended to read as follows:
167-
168309 Section 941. A. Upon receipt of noti ce of death of any person
169310 which under Section 931 et seq. of this title is subject to
170311 investigation, a representative Death Investigator death
171312 investigator from the Office of the Chief Medical Examiner shall
172313 immediately initiate an investigation and shall document in detail,
173314 by the end of his or her assigned shift, all the known and available
174315 facts of the death scene in the electronic database of the Chief
175316 Medical Examiner. Decedent specimens, evidence, a nd photographs
176317 shall be sent to the Office of the Chief Medical Examine r. The
177318 investigating official of the Office of the Chief Medical Examiner
178319 may take charge of any object or writing found on or near the body
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181320 which is deemed necessary for the purpose o f establishing the cause
182321 and/or manner of death.
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184322 B. Upon conclusion of the investigation and determination that
185323 such objects or writings are no longer needed as evidence, the
186324 medical examiner or the medical examiner ’s designee may deliver them
187325 to the district attorney, law enforcement a gency, or family for
188326 disposition.
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190327 C. The investigating medical examiner or the medical examiner’s
191328 designee shall have access at all times to any and all medical and
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192356 dental records and his tory of the deceased , including, but not
193357 limited to, radiographs and medical records, in the course of his or
194358 her official investigation to determine the cause and manner of
195359 death. Such records may not be released to any other person by the
196360 medical examiner, and the custodians of such recor ds shall incur no
197361 liability by reason of the release of such records to the medical
198362 examiner.
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200363 D. 1. The body of the deceased shall be turned over to the
201364 funeral director designated by the person responsible for burial
202365 within twenty-four (24) hours of rec eipt of the decedent unless a
203366 longer period is necessary to complete th e required investigation.
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205367 2. The investigation shall be concluded and the case completed
206368 within sixty (60) calendar days after the Office of the Chief
207369 Medical Examiner assumes custody of the body, unless circumstances
208370 exist that prevent adherence to this timeline.
209-
210371 SECTION 3. NEW LAW A new section of law to be codified
211372 in the Oklahoma Statutes as Section 944.3 of Title 63, unless there
212373 is created a duplication in numbering, reads as follows:
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214374 A. If, in the course of an investigation, the Office of the
215375 Chief Medical Examiner declines to conduct an autopsy under Section
216376 944 of Title 63 of the Oklahoma Statutes, the Office shall make a
217377 good faith effort to so inform the person legally entitled to th e
218378 custody of the body of the deceased through a written or electronic
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219406 notice upon or before release of the body. The notice shall
220407 contain:
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222408 1. A statement disclosing that an autopsy was not conducted;
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226409 2. The contact information of a family assistance coordinator
227410 as described in subsection C of this section;
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229411 3. A statement that the person may have the right to request a
230412 private autopsy at personal expense from an authorized physician or
231413 hospital under Section 1154 of Title 21 of the Oklahoma Statutes
232414 prior to the final disposition of the body; and
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234415 4. A statement that the person may request reports produced by
235416 the Office as provided by law upon conclusion of the investigation
236417 and completion of th e case.
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238418 B. A licensed funeral director shall make a good fa ith effort
239419 to assist the Office of the Chief Medical Examiner in implementing
240420 the requirements of subsection A of this section including, but not
241421 limited to, by providing the Office with the contact information of
242422 the person legally entitled to the custody of the body upon request
243423 by the Office.
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245424 C. The Office shall create a process by which the person
246425 legally entitled to the custody of a body or his or her
247426 representative may ask questions of, and receive responses from, a
248427 family assistance coordinator regarding the medicolegal
249428 investigation and other relevant topics within the purview of the
250429 Office.
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252457 SECTION 4. AMENDATORY 63 O.S. 2021, Section 947, is
253458 amended to read as follows:
254-
255459 Section 947. A. The certification of death of any per son whose
256460 death is investigated under S ection 931 et seq. of this title shall
257461 be made by the Chief Medical Examiner or his or her designee upon a
258462 medical examiner death certificate p rovided by the State Registrar
259463 of Vital Statistics. Such death certificat es shall be valid only
260464 when signed by the Chief Medical Examiner or his or her designee.
261465 Copies of all such certificates shall be forwarded immediately up on
262466 receipt by the State Reg istrar of Vital Statistics to the Office o f
263467 the Chief Medical Examiner . The final certification of death issued
264468 under this section shall be signed by the Chief Medical Examiner or
265469 his or her designee immediately upon conclusion of the investigation
266470 and completion of the case .
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270471 B. Any certificatio n of death by an attending physi cian may be
271472 referred by the State Regis trar of Vital Statistics to the Chief
272473 Medical Examiner for investigation and the amending of the original
273474 certificate of death by the filing of a medical examiner death
274475 certificate by the Chief Medical Examiner or his or her designee
275476 when the death is dete rmined by the Chief Medical Examiner to be one
276477 properly requiring investigation under Section 938 of this title.
277-
278478 C. Medical examiner death cer tificates will shall not be
279479 required in cases investigated solely for the purpose of issuing a
280480 permit for transport of a body out of state.
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282-SECTION 5. This act shall become effective November 1, 202 4.
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508+SECTION 5. This act shall become effective November 1, 2023.
284509
285-ENR. S. B. NO. 707 Page 8
286-Passed the Senate the 22nd day of March, 2023.
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290- Presiding Officer of the Senate
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293-Passed the House of Representatives the 25th day of April, 2024.
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297- Presiding Officer of the House
298- of Representatives
299-
300-OFFICE OF THE GOVERNOR
301-Received by the Office of the Governor this _______ _____________
302-day of _________________ __, 20_______, at _______ o'clock _______ M.
303-By: _________________________________
304-Approved by the Governor of the State of Oklahoma this _______ __
305-day of _________________ __, 20_______, at _______ o'clock _______ M.
306-
307- _________________________________
308- Governor of the State of Oklahoma
309-
310-
311-OFFICE OF THE SECRETARY OF STATE
312-Received by the Office of the Secretary of State this _______ ___
313-day of _________________ _, 20 _______, at _______ o'clock _______ M.
314-By: _________________________________
510+COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/13/2023 -
511+DO PASS.