193.145. Death certificate--contents, filing, locale, duties of certain persons, time allowed--certificate marked presumptive, when.
Death certificate--contents, filing, locale, duties of certainpersons, time allowed--certificate marked presumptive, when.
193.145. 1. A certificate of death for each death which occurs inthis state shall be filed with the local registrar, or as otherwisedirected by the state registrar, within five days after death and shall beregistered if such certificate has been completed and filed pursuant tothis section.
2. If the place of death is unknown but the dead body is found inthis state, the certificate of death shall be completed and filed pursuantto the provisions of this section. The place where the body is found shallbe shown as the place of death. The date of death shall be the date onwhich the remains were found.
3. When death occurs in a moving conveyance in the United States andthe body is first removed from the conveyance in this state, the deathshall be registered in this state and the place where the body is firstremoved shall be considered the place of death. When a death occurs on amoving conveyance while in international waters or air space or in aforeign country or its air space and the body is first removed from theconveyance in this state, the death shall be registered in this state butthe certificate shall show the actual place of death if such place may bedetermined.
4. The funeral director or person in charge of final disposition ofthe dead body shall file the certificate of death. The funeral director orperson in charge of the final disposition of the dead body shall obtain orverify:
(1) The personal data from the next of kin or the best qualifiedperson or source available; and
(2) The medical certification from the person responsible for suchcertification.
5. The medical certification shall be completed, attested to itsaccuracy either by signature or an electronic process approved by thedepartment, and returned to the funeral director or person in charge offinal disposition within seventy-two hours after death by the physician incharge of the patient's care for the illness or condition which resulted indeath. In the absence of the physician or with the physician's approvalthe certificate may be completed and attested to its accuracy either bysignature or an approved electronic process by the physician's associatephysician, the chief medical officer of the institution in which deathoccurred, or the physician who performed an autopsy upon the decedent,provided 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.The state registrar may approve alternate methods of obtaining andprocessing the medical certification and filing the death certificate. TheSocial Security number of any individual who has died shall be placed inthe records relating to the death and recorded on the death certificate.
6. When death occurs from natural causes more than thirty-six hoursafter the decedent was last treated by a physician, the case shall bereferred to the county medical examiner or coroner or physician or localregistrar for investigation to determine and certify the cause of death.If the death is determined to be of a natural cause, the medical examineror coroner or local registrar shall refer the certificate of death to theattending physician for such physician's certification. If the attendingphysician refuses or is otherwise unavailable, the medical examiner orcoroner or local registrar shall attest to the accuracy of the certificateof death either by signature or an approved electronic process withinthirty-six hours.
7. If the circumstances suggest that the death was caused by otherthan natural causes, the medical examiner or coroner shall determine thecause of death and shall complete and attest to the accuracy either bysignature or an approved electronic process the medical certificationwithin seventy-two hours after taking charge of the case.
8. If the cause of death cannot be determined within seventy-twohours after death, the attending medical examiner or coroner or attendingphysician or local registrar shall give the funeral director, or person incharge of final disposition of the dead body, notice of the reason for thedelay, and final disposition of the body shall not be made until authorizedby the medical examiner or coroner, attending physician or local registrar.
9. When a death is presumed to have occurred within this state butthe body cannot be located, a death certificate may be prepared by thestate registrar upon receipt of an order of a court of competentjurisdiction which shall include the finding of facts required to completethe death certificate. Such a death certificate shall be marked"Presumptive", show on its face the date of registration, and identify thecourt and the date of decree.
(L. 1984 S.B. 574, A.L. 1989 S.B. 389, A.L. 1997 S.B. 361, A.L. 2005 S.B. 74 & 49)