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S1069.................................................by HEALTH AND WELFARE VITAL STATISTICS - Amends and adds to existing law relating to vital statistics to permit physician assistants and advanced practice professional nurses to certify cause of death and to sign certificates of stillbirth; to provide reference to the coroner when death is due to natural causes and an authorized person is not available or is physically incapable of signing and for circumstances of stillbirths. 01/30 Senate intro - 1st rdg - to printing 01/31 Rpt prt - to Health/Wel 02/06 Rpt out - rec d/p - to 2nd rdg 02/07 2nd rdg - to 3rd rdg 02/09 3rd rdg - PASSED - 32-0-3 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- Coiner, Davis, Malepeai Floor Sponsor - Lodge Title apvd - to House 02/12 House intro - 1st rdg - to Health/Wel 03/09 Rpt out - rec d/p - to 2nd rdg 03/12 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Harwood, Smith(24) Floor Sponsor - Bilbao Title apvd - to Senate 03/20 To enrol 03/21 Rpt enrol - Pres signed - Sp signed 03/22 To Governor 03/28 Governor signed Session Law Chapter 244 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1069 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO VITAL STATISTICS; AMENDING SECTION 39-260, IDAHO CODE, TO PERMIT 3 PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE PROFESSIONAL NURSES TO CERTIFY 4 CAUSE OF DEATH, TO PROVIDE FOR REFERENCE TO THE CORONER WHEN DEATH IS DUE 5 TO NATURAL CAUSES AND AN AUTHORIZED PERSON IS NOT AVAILABLE OR IS PHYSI- 6 CALLY INCAPABLE OF SIGNING, TO PERMIT PHYSICIAN ASSISTANTS AND ADVANCED 7 PRACTICE PROFESSIONAL NURSES TO SIGN CERTIFICATES OF STILLBIRTH, TO PRO- 8 VIDE FOR CIRCUMSTANCES FOR REFERENCE OF STILLBIRTHS TO THE CORONER AND TO 9 MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 39-268, IDAHO CODE, TO 10 PERMIT PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE PROFESSIONAL NURSES TO 11 AUTHORIZE FINAL DISPOSITION OF DEATHS AND STILLBIRTHS, TO REVISE CODE REF- 12 ERENCES AND TO MAKE TECHNICAL CORRECTIONS. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 39-260, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 39-260. REGISTRATION OF DEATHS AND STILLBIRTHS. (a1) A certificate of 17 each death which occurs in this state shall be filed with the local registrar 18 of the district in which the death occurs, or as otherwise directed by the 19 state registrar, within five (5) days after the occurrence. However, the board 20 shall, by rule and upon such conditions as it may prescribe to assure compli- 21 ance with the purposes of the vital statistics act, provide for the filing of 22 death certificates without medical certifications of cause of death in cases 23 in which compliance with the applicable prescribed period would result in 24 undue hardship; but provided, however, that medical certifications of cause of 25 death shall be provided by the certifying physician, physician assistant, 26 advanced practice professional nurse or coroner to the vital statistics unit 27 within fifteen (15) days from the filing of the death certificate. No certifi- 28 cate shall be deemed complete until every item of information required shall 29 have been provided or its omission satisfactorily accounted for. When death 30 occurs in a moving conveyance in the United States and the body is first 31 removed from the conveyance in this state, the death shall be registered in 32 this state and the place where the body is first removed shall be considered 33 the place of death. When a death occurs on a moving conveyance while in inter- 34 nationalair spaceairspace or in a foreign country or itsair spaceairspace 35 and the body is first removed from the conveyance in this state, the death 36 shall be registered in this state but the certificate shall show the actual 37 place of death insofar as can be determined. If the place of death is unknown 38 but the dead body is found in this state, the certificate of death shall be 39 completed and filed in accordance with this section. The place where the body 40 is found shall be shown as the place of death. If the date of death is 41 unknown, it shall be determined by approximation. 42 The person in charge of interment or of removal of the body from the dis- 43 trict shall be responsible for obtaining and filing the certificate. Said per- 2 1 son shall obtain the required information from the following persons, over 2 their respective signatures: 3 (1a) Personal data shall be supplied by the person best qualified to sup- 4 ply them; and 5 (2b) Except as otherwise provided, medical data shall be supplied by the 6 physician, physician assistant or advanced practice professional nurse who 7 attended the deceased during the last illness, who shall certify to the 8 cause of death according to his best knowledge, information and belief 9 within seventy-two (72) hours from time of death. In the absence of the 10 attending physician, physician assistant or advanced practice professional 11 nurse or with saidphysician'sperson's approval the certificate may be 12 completed and signed by saidphysician'sperson's associate,physicianwho 13 must be a physician, physician assistant or advanced practice professional 14 nurse, the chief medical officer of the institution in which death 15 occurred, or the physician who performed an autopsy upon the decedent, 16 provided such individual has access to the medical history of the case, 17 views the deceased at or after death, and death is due to natural causes. 18 (b2) The person in charge of interment or of removal of the body from the 19 district shall refer the following cases to the coroner who shall make an 20 immediate investigation, supply the necessary medical data, and certify to the 21 cause of death: 22 (1a) When no physician, physician assistant or advanced practice profes- 23 sional nurse was in attendance during the last illness of the deceased;or24 (2b) When the circumstances suggest that the death occurred as a result 25 of other than natural causes; or 26 (c) When death is due to natural causes and the physician, physician 27 assistant or advanced practice professional nurse who attended the 28 deceased during the last illness or said person's designated associate who 29 must be a physician, physician assistant or advanced practice professional 30 nurse, is not available or is physically incapable of signing. 31 (c3) When a death is presumed to have occurred within this state but the 32 body cannot be located, a death certificate may be prepared by the state reg- 33 istrar upon receipt of an order of a court of record of this state, which 34 shall include the finding of facts required to complete the death certificate. 35 Such a death certificate shall be marked "presumptive" and shall show on its 36 face the date of registration and shall identify the court and the date of 37 decree. 38 (d4) Each stillbirth, defined as a spontaneous fetal death of twenty (20) 39 completed weeks gestation or more, based on a clinical estimate of gestation, 40 or a weight of three hundred fifty (350) grams (twelve and thirty-five hun- 41 dredths (12.35) ounces) or more, which occurs in this state shall be regis- 42 tered on a certificate of stillbirth within five (5) days after delivery with 43 the local registrar of the district in which the stillbirth occurred. All 44 induced terminations of pregnancy shall be reported in the manner prescribed 45 in section 39-261, Idaho Code, and shall not be reported as stillbirths. No 46 certificate shall be deemed complete until every item of information required 47 shall have been provided or its omission satisfactorily accounted for. 48 (1a) When a stillbirth occurs in an institution, the person in charge of 49 the institution or a designated representative shall prepare the certifi- 50 cate, obtain the signature of the physician, physician assistant or 51 advanced practice professional nurse in attendance,(except as otherwise 52 provided in subsection39-260(e), Idaho Code)(5) of this section, who 53 shall provide the medical data, and forward the certificate to the morti- 54 cian or person acting as such. In the absence of the attending physician, 55 physician assistant or advanced practice professional nurse or with said 3 1physician'sperson's approval the certificate may be completed and signed 2 by saidphysician'sperson's associate,physicianwho must be a physician, 3 physician assistant or advanced practice professional nurse, the chief 4 medical officer of the institution in which the stillbirth occurred, or 5 the physician who performed an autopsy on the stillborn fetus, provided 6 such individual has access to the medical history of the case and views 7 the fetus at or after stillbirth. The mortician or person acting as such 8 shall provide the disposition information and file the certificate with 9 the local registrar. 10 (2b) When a stillbirth occurs outside an institution, the mortician or 11 person acting as such shall complete the certificate, obtain the medical 12 data from and signature of the attendant at the stillbirth,(except as 13 otherwise provided in subsection39-260(e), Idaho Code)(5) of this sec- 14 tion, and file the certificate. If the attendant at or immediately after 15 the stillbirth is not a physician, physician assistant or advanced prac- 16 tice professional nurse, the coroner shall investigate and sign the cer- 17 tificate of stillbirth. 18 (3c) When a stillbirth occurs in a moving conveyance in the United States 19 and the stillborn fetus is first removed from the conveyance in this 20 state, the stillbirth shall be registered in this state and the place 21 where the stillborn fetus is first removed shall be considered the place 22 of stillbirth. When a stillbirth occurs in a moving conveyance while in 23 internationalair spaceairspace or in a foreign country or itsair space24 airspace and the stillborn fetus is first removed from the conveyance in 25 this state, the stillbirth shall be registered in this state but the cer- 26 tificate shall show the actual place of stillbirth insofar as can be 27 determined. 28 (4d) When a stillborn fetus is found in this state and the place of 29 stillbirth is unknown, it shall be reported in this state. The place where 30 the stillborn fetus was found shall be considered the place of stillbirth. 31 (5e) The name of the father shall be entered on the certificate of still- 32 birth as provided by section 39-255, Idaho Code. 33 (5) The person responsible for the preparation or completion of the 34 stillbirth certificate as stated in subsections (4)(a) and (b) of this section 35 shall refer the following cases to the coroner who shall make an immediate 36 investigation, supply the necessary medical data and certify to the cause of 37 stillbirth: 38 (ea) When the circumstances suggest that the stillbirth occurred as a 39 result of other than natural causes,(excepting legally induced abortions, 40 as defined by section 39-241, Idaho Code), the local registrar shall refer41the case to the coroner in the county where the stillbirth occurred. Said42coroner shall make an immediate investigation, supply the necessary medi-43cal data, and certify to the cause of stillbirth; or 44 (b) When death is due to natural causes and the physician, physician 45 assistant or advanced practice professional nurse in attendance at or 46 immediately after the stillbirth or said person's designated associate is 47 not available or is physically incapable of signing. 48 SECTION 2. That Section 39-268, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 39-268. AUTHORIZATION FOR FINAL DISPOSITION. (a1) The mortician or per- 51 son acting as such who first assumes possession of a dead body or stillborn 52 fetus shall make a written report to the registrar of the district in which 53 death or stillbirth occurred or in which the body or stillborn fetus was found 4 1 within twenty-four (24) hours after taking possession of the body or stillborn 2 fetus, on a form prescribed and furnished by the state registrar and in accor- 3 dance withregulationsrules promulgated by the board. Except as specified in 4 subsection (b2) of this section, the written report shall serve as permit to 5 transport, bury or entomb the body or stillborn fetus within this state, pro- 6 vided that the mortician or person acting as such shall certify that the phy- 7 sician, physician assistant or advanced practice professional nurse in charge 8 of the patient's care for the illness or condition which resulted in death or 9 stillbirth has been contacted and has affirmatively stated that said 10 physician, physician assistant or advanced practice professional nurse or the 11physician'sdesignated associate according to section 39-260(a1)(2b) or 12 (d4)(1a), Idaho Code, will sign the certificate of death or stillbirth. 13 (b2) The written report as specified in subsection (a1) of this section 14 shall not serve as a permit to: 15 (1a) Remove a body or stillborn fetus from this state; 16 (2b) Cremate the body or stillborn fetus; or 17 (3c) Make disposal or disposition of any body or stillborn fetus in any 18 manner when inquiry is required under chapter 43, title 19, Idaho Code, or 19 section 39-260(b2) or (e5), Idaho Code. 20 (c3) In accordance with the provisions of subsection (b2) of this sec- 21 tion, the mortician or person acting as such who first assumes possession of a 22 dead body or stillborn fetus shall obtain an authorization for final disposi- 23 tion prior to final disposal or removal from the state of the body or still- 24 born fetus. The physician, physician assistant, advanced practice professional 25 nurse or coroner responsible for signing the death or stillbirth certificate 26 shall authorize final disposition of the body or stillborn fetus, on a form 27 prescribed and furnished by the state registrar. If the body is to be cre- 28 mated, the coroner must also give additional authorization. In the case of 29 stillbirths, the hospital may dispose of the stillborn fetus if the parent(s) 30 so requests; authorization from the coroner is not necessary unless the coro- 31 ner is responsible for signing the certificate of stillbirth. 32 (d4) When a dead body or stillborn fetus is transported into the state, a 33 permit issued in accordance with the law of the state in which the death or 34 stillbirth occurred or in which the body or stillborn fetus was found shall 35 authorize the transportation and final disposition within the state of Idaho. 36 (e5) A permit for disposal shall not be required in the case of a dead 37 fetus of less than twenty (20) weeks gestation and less than three hundred 38 fifty (350) grams or twelve and thirty-five hundredths (12.35) ounces where 39 disposal of the fetal remains is made within the institution where the deliv- 40 ery of the dead fetus occurred.
STATEMENT OF PURPOSE RS 16540 Section 39-260, Idaho Code, spells out which health care professionals (physicians and county coroners) can certify a death or a stillbirth certificate and Section 39-268, Idaho Code, allows only certain health care professionals (physicians and county coroners) to give authorization for final disposition or removal of dead bodies and stillborn fetuses. Section 54-1102, Idaho Code, was changed in 2004 to allow advanced practice professional nurses to work with no physician supervision. Since then, the Bureau of Health Policy and Vital Statistics has received certificates signed by advanced practice professional nurses that had to be rejected because they are not authorized to certify death or stillbirth certificates according to section 39-260, Idaho Code. This legislation would allow advanced practice professional nurses to sign death and stillbirth certificates and to authorize final disposition or removal of dead bodies and stillborn fetuses. Additionally, physician assistants cannot certify death and stillbirth certificates or authorize final disposition or removal of dead bodies and stillborn fetuses. In some areas of the state, physicians are not available to sign these certificates and only the county coroner can sign the certificates or authorize final disposition. The Bureau of Health Policy and Vital Statistics has received certificates signed by physician assistants that had to be rejected because they are not authorized to certify death or stillbirth certificates according to section 39-260, Idaho Code. This legislation would allow physician assistants who are providing health care to sign the certificates and to give authorization for final disposition or removal of dead bodies and stillborn fetuses. In some circumstances, where the person in attendance is not available to sign the certificates, the certificates cannot be completed until the person is available again, often after the time frame for submission of the certificates has passed. This legislation would allow coroners to sign certificates in these circumstances so that families are not being inconvenienced while waiting for the person in attendance to return. This legislation requires the definitions in section 39-241 that are being proposed. FISCAL NOTE No fiscal impact. CONTACT Name: Greg Heitman Agency: Health and Welfare Phone: 208-334-5986 STATEMENT OF PURPOSE/FISCAL NOTE S 1069