07 LC 28
3169
House
Bill 44
By:
Representative Sims of the
169th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating
to death certificates, so as to provide that death certificates must be
completed by the attending physician or other appropriate person within 72 hours
following the death of an individual in a hospice, nursing home, or hospital; to
provide for exceptions; to provide for certain notices; to provide for sanctions
for failure to comply; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 31-10-15 of the Official Code of Georgia Annotated, relating to death
certificates, is amended by revising the Code section as follows:
"31-10-15.
(a)
A certificate of death for each death which occurs in this state shall be filed
with the local registrar of the county in which the death occurred or the body
was found within ten days after the death as follows:
(1)
If the place of death is unknown but the dead body is found in this state, the
certificate of death shall be completed and filed in accordance with this Code
section. The place where the body is found shall be shown as the place of
death. If the date of death is unknown, it shall be the date the body was found
and the certificate marked as such; or
(2)
When death occurs in a moving conveyance in the United States and the body is
first removed from the conveyance in this state, the death shall be registered
in this state and the place where it is first removed shall be considered the
place of death. When a death occurs on a moving conveyance while in
international waters or airspace or in a foreign country or its airspace and the
body is first removed from the conveyance in this state, the death shall be
registered in this state but the certificate shall show the actual place of
death insofar as can be determined.
(b)
The funeral director or person acting as such who first assumes custody of the
dead body shall file the certificate of death. Such director or person shall
obtain the personal data from the next of kin or the best qualified person or
source available and shall obtain the medical certification from the person
responsible therefor.
(c)
In the
circumstance of a death that occurs in a hospice, nursing home, assisted living
facility, or hospital in this state, the
The
medical certification as to the cause and circumstances of death shall be
completed, signed, and returned to the funeral director or person acting as such
within 72 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 is required by Article 2 of Chapter 16 of Title 45, the
'Georgia Death Investigation
Act.'. In all
other circumstances, the medical certification as to the cause and circumstances
of death shall be completed, signed, and returned to the funeral director or
person acting as such within 72 hours after death by the physician in charge of
the patient´s care for the illness or condition which resulted in death or
such other appropriate individual under this Code
section. In the absence of said physician
or with that physician´s approval the certificate may be completed and
signed by an associate physician, the chief medical officer of the institution
in which death occurred, or the physician who performed an autopsy upon the
decedent, provided that such individual has access to the medical history of the
case, views the deceased at or after death, and death is due to natural causes.
(d)
When death occurs without medical attendance as set forth in subsection (c) of
this Code section or when inquiry is required by Article 2 of Chapter 16 of
Title 45, the 'Georgia Death Investigation Act,' the proper person shall
investigate the cause of death and shall complete and sign the medical
certification portion of the death certificate within
30
days
72
hours after being notified of the
death.
(e)
If the cause of death cannot be determined
or the medical
certification of the cause and circumstances of death cannot be
made within
48
72
hours after death, the
medical
certification shall be completed as provided by regulation.
The attending
physician,
medical examiner, or coroner shall give
the funeral director or person acting as such
and the local
registrar of the county written notice of
the reason for the delay
within five
business days following such death or receiving notice of such death, as the
case may be, and final disposition of the
body shall not be made until authorized by the attending physician, coroner, or
medical examiner.
If the
attending physician fails to complete, sign, and return the medical
certification as to cause and circumstances of death to the funeral director or
the person acting as such as provided in subsection (c) of this Code section and
fails to give written notice of the reason for the delay in providing such
medical certification as provided in this subsection, the funeral director or
person acting as such or the local registrar of the county shall notify the
Composite State Board of Medical Examiners of such failure within ten business
days following such death and, upon receiving such notice, the Composite State
Board of Medical Examiners shall immediately suspend the license of the
attending physician to practice medicine in this state until such time as the
medical certification is completed, signed, and delivered to the funeral
director or person acting as such.
(f)
When death occurs on or after July 1, 1985, in a county other than the county of
the residence of the deceased person, a copy of such person´s death
certificate shall be forwarded as soon as practicable by the department to the
custodian of records of the county of the residence of such deceased person. The
custodian of records shall file such death certificate as a part of the
permanent records of such office.
(g)
By the twentieth day of each month, the state registrar shall furnish to the
Secretary of State´s office, in a format prescribed by the Secretary´s
office, a list of those persons for whom death certificates have been filed
during the preceding month. Such list shall be used by the Secretary of State to
notify local registration officers for the purpose of purging the voter
registration list of each county."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.