H. B. 4455
(By Delegates Claypole, Flanigan and Buchanan)
[Introduced February 17, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections nineteen and twenty, article
five, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
requiring funeral directors to notify county clerks of
deaths.
Be it enacted by the Legislature of West Virginia:
That sections nineteen and twenty, article five, chapter
sixteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 5. VITAL STATISTICS.
§16-5-19. Death registration.
(a) A death certificate for each death which occurs in this
state shall be filed with the local registrar of the registration district in which the death occurs and with the clerk of the
county commission in the county in which the death occurs within
three days after such death, and prior to removal of the body
from the state, and shall be registered by such registrar if it
has been completed and filed in accordance with this section:
Provided, That
(1) If the place of death is unknown, a death certificate
shall be filed in the registration district in which a dead body
is found within three days after the finding;
(2) If death occurs in a moving conveyance, a death
certificate shall be filed in the registration district in which
the dead body is first removed from such conveyance; and
(3) If the death occurs in a district other than where the
deceased resided, a death certificate shall be filed in the
registration district in which the death occurred and in the
district in which the deceased resided.
(b) The funeral director or person acting for him or her who
first assumes custody of a dead body shall file the death
certificate. He or she shall obtain the necessary personal data
from the next of kin or the best qualified person or source
available. The funeral director or person acting for him or her
shall obtain the medical certification of the cause of death from
the person responsible for making such certification. The personal data obtained shall include the deceased person's social
security number or numbers. The social security account number
of an individual who has died shall be placed in the records
relating to the death and shall be recorded on the death
certificate. A record of the social security number or numbers
shall be filed with the local registrar of the district in which
the deceased person resided within seven days after the death,
and the local registrar shall transmit such number or numbers to
the state registrar of vital statistics in the same manner as
other personal data is transmitted to the state registrar.
(c) The medical certification shall be completed and signed
within twenty-four hours after death by the physician in charge
of the patient's care for the illness or condition which results
in death except when inquiry is required pursuant to chapter
sixty-one, article twelve or other applicable provisions of this
code.
(d) When death occurs without medical attendance and inquiry
is not required pursuant to chapter sixty-one, article twelve or
other applicable provisions of this code, the local health
officer shall investigate the cause of death and complete and
sign the medical certification within twenty-four hours after
receiving notice of the death.
(e) When death occurs in a manner subject to investigation, the coroner or other officer or official charged with the legal
duty of making such investigation shall investigate the cause of
death and shall complete and sign the medical certification
within twenty-four hours after making determination of the cause
of death.
(f) In order that each county may have a complete record of
the deaths occurring in said county, the local registrar shall
transmit each month to the county clerk of his or her county a
copy of the certificates of all deaths occurring in said county,
and if any person shall die in a county other than that county
within the state in which such person last resided prior to
death, then the state registrar shall, if possible, also furnish
a copy of such death certificate to the clerk of the county
commission of the county wherein such person last resided, from
which copies the clerk shall compile a record of such deaths and
shall enter the same in a systematic and orderly way in a well- bound register of deaths for that county, which such register
shall be a public record. The form of said death register shall
be prescribed by the state registrar of vital statistics.
§16-5-20. Fetal death registration.
(a) A fetal death certificate for each fetal death which
occurs in this state after a gestation period of twenty completed
weeks shall be filed with the local registrar of the registration district in which the delivery occurs and with the clerk of the
county commission in the county in which the delivery occurs
within three days after such delivery and prior to removal of the
fetus from the state, and shall be registered with such registrar
if it has been completed and filed in accordance with this
section: Provided, That
(1) If the place of fetal death is unknown, a fetal death
certificate shall be filed in the registration district in which
a dead fetus is found within three days after the finding; and
(2) If a fetal death occurs in a moving conveyance, a fetal
death certificate shall be filed in the registration district in
which the fetus is first removed from such conveyance.
(b) The funeral director or person acting for him or her who
first assumes custody of a fetus shall file the fetal death
certificate. In the absence of such a person, the physician or
other person in attendance at or after the delivery shall file
the certificate of fetal death. The person filing such
certificate shall obtain the personal data from the next of kin
or the best qualified person or source available and shall obtain
the medical certification of the cause of death from the person
responsible for making such certification.
(c) The medical certification shall be completed and signed
within twenty-four hours after delivery by the physician in attendance at or after delivery except when inquiry is required
by chapter sixty-one, article twelve or other applicable
provision of this code.
(d) When a fetal death occurs without medical attendance for
the mother at or after delivery and an inquiry is not required by
chapter sixty-one, article twelve or other applicable provision
of this code, the local health officer shall investigate the
cause of fetal death and shall complete and sign the medical
certification within twenty-four hours after receiving notice of
the delivery.
(e) When the coroner or other officer or official charged
with the legal duty of making such investigation shall
investigate a fetal death as required by chapter sixty-one,
article twelve or other applicable provision of this code, he or
she shall complete and sign the medical certification within
twenty-four hours after making determination of the cause of such
fetal death.
NOTE: The purpose of this bill is to require funeral
directors to notify county clerks of deaths.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.