09 LC
35 1511S
The
Senate Health and Human Services Committee offered the following substitute to
HB 64:
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 certificate filings, so as to provide for the completion and filing of
the medical certification as to the cause and circumstances of death during a
certain period of time; to provide for penalties; to provide that a coroner
shall be authorized to complete and sign a medical certification as to the cause
and circumstances of death under certain circumstances; 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
certificate filings, is amended by revising subsections (b) and (c) as
follows:
"(b)
The funeral director or person acting as such who first assumes custody of the
dead body shall file the certificate of death
within 72
hours. 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)(1)
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 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.
If, 30 days
after a death, the physician in charge of the patient's care for the illness or
condition which resulted in death has failed to complete, sign, and return the
medical certification as to the cause and circumstances of death to the funeral
director or person acting as such, the funeral director or person acting as such
shall be authorized to report such physician to the Composite State Board of
Medical Examiners for discipline pursuant to Code Section 43-34-37.
(2)
In the event that a physician authorized pursuant to paragraph (1) of this
subsection to complete a medical certification as to the cause and circumstances
of death has not completed such certification 30 days after the death, a coroner
shall be authorized to complete and sign the certification; provided, however,
that he or she has reviewed the medical history of the case and determines that
the death is due to natural causes. A coroner signing a certification pursuant
to this paragraph shall retain the authority granted pursuant to Code Section
45-16-27 to issue subpoenas to compel the production of medical records,
provided that such records are related to the death in question.
(2)
In any area in this state which is in a state of emergency as declared by the
Governor due to an influenza pandemic, in addition to any other person
authorized by law to complete and sign a death certificate, any registered
professional nurse employed by a long-term care facility, advanced practice
nurse, physician's assistant, registered nurse employed by a home health agency,
or nursing supervisor employed by a hospital shall be authorized to complete and
sign the death certificate, provided that such person has access to the medical
history of the case, such person views the deceased at or after death, the death
is due to natural causes, and an inquiry is not required under Article 2 of
Chapter 16 of Title 45, the 'Georgia Death Investigation Act.' In such a state
of emergency, the death certificate shall be filed by the funeral director in
accordance with subsection (b) of this Code section; or, if the certificate is
not completed and signed by an appropriate physician or coroner, the public
health director of preparedness shall cause the death certificate to be
completed, signed, and filed by some other authorized person within ten days
after death."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.