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2016 SESSION
16101795DBe it enacted by the General Assembly of Virginia:
1. That § 32.1-263 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-263. Filing death certificates; medical certification; investigation by Office of the Chief Medical Examiner.
A. A death certificate, including, if known, the social security
number or control number issued by the Department of Motor Vehicles pursuant to
§ 46.2-342 of the deceased, shall be filed
electronically, using the
electronic death registration system established by the Department, for each death which that
occurs in this the
Commonwealth with the registrar of the district in which the death occurred
within three days after such death and prior to final disposition or removal of
the body from the Commonwealth,
and shall be registered by such registrar if it has been completed and filed in
accordance with the following requirements:
1. If the place of death is unknown,
but the dead body is found in this the
Commonwealth, a death certificate shall be filed in the registration district
in which the dead body is found in accordance with this section. The place
where the dead body is found shall be shown as the place of death. If the date
of death is unknown, it shall be determined by approximation, taking into
consideration all relevant information, including but not limited to, information provided by the
immediate family regarding the date and time that the deceased was last seen
alive, if the individual died in his
home; and
2. When death occurs in a moving conveyance, in the United States of America and the body is first
removed from the conveyance in this the
Commonwealth, the death shall be registered in this the
Commonwealth 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 air space or in a foreign country or its air space and
the body is first removed from the conveyance in this the
Commonwealth, the death shall be registered in this the
Commonwealth but the certificate shall show the actual place of death insofar
as can be determined.
B. The licensed funeral director, funeral service licensee,
office of the state anatomical program, or next of kin as defined in §
54.1-2800 who first assumes custody of a dead body shall electronically
file the certificate of death with the registrar. He shall
obtain the personal data, including the social security number of the deceased
or control number issued to the deceased by the Department of Motor Vehicles
pursuant to § 46.2-342, from the next of kin or the best
qualified best-qualified
person or source available and obtain the medical certification from the person
responsible therefor.
C. The medical certification shall be completed, signed in black or dark blue ink, and returned to
the funeral director electronically,
using the electronic death registration system established by the Department, within 24 hours after death by the physician in charge
of the patient's care for the illness or condition which that resulted in death, except when inquiry or
investigation by the Office of the Chief Medical Examiner is required by §
32.1-283 or 32.1-285.1, or by the physician that who
pronounces death pursuant to § 54.1-2972.
In the absence of such physician or with his approval, the
certificate may be completed and signed electronically by
the following: (i) another physician employed or engaged by the same
professional practice; (ii) a physician assistant supervised by such physician;
(iii) a nurse practitioner practicing as part of a patient care team as defined
in § 54.1-2900; (iv) the chief medical officer or medical director, or his
designee, of the institution, hospice, or nursing home in which death occurred;
(v) a physician specializing in the delivery of health care to hospitalized or
emergency department patients who is employed by or engaged by the facility
where the death occurred; (vi) the physician who performed an autopsy upon the
decedent; or (vii) an individual to whom the physician has delegated authority
to complete and sign the certificate, if
such individual has access to the medical history of the case and death is due
to natural causes.
D. When inquiry or investigation by the Office of the Chief Medical Examiner is required by § 32.1-283 or 32.1-285.1, the Chief Medical Examiner shall cause an investigation of the cause of death to be made and the medical certification portion of the death certificate to be completed and signed electronically within 24 hours after being notified of the death. If the Office of the Chief Medical Examiner refuses jurisdiction, the physician last furnishing medical care to the deceased shall prepare and sign the medical certification portion of the death certificate.
E. If the death is a natural death and a death certificate is being prepared pursuant to § 54.1-2972 and the physician, nurse practitioner, or physician assistant is uncertain about the cause of death, he shall use his best medical judgment to certify a reasonable cause of death or contact the health district physician director in the district where the death occurred to obtain guidance in reaching a determination as to a cause of death and document the same.
If the cause of death cannot be determined within 24 hours after death, the medical certification shall be completed electronically as provided by regulations of the Board. The attending physician or the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a medical examiner appointed pursuant to § 32.1-282 shall give the funeral director or person acting as such notice of the reason for the delay, and final disposition of the body shall not be made until authorized by the attending physician, the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a medical examiner appointed pursuant to § 32.1-282.
F. A physician, nurse practitioner, or physician assistant
who, in good faith, signs a certificate of death or determines the cause of
death shall be immune from civil liability,
only for such signature and determination of causes of death on such
certificate,
absent gross negligence or willful misconduct.