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.