Missouri Revised Statutes
Chapter 193
Vital Statistics
←193.135
Section 193.145.1
193.155→
August 28, 2015
Death certificate--electronic system--contents, filing, locale, duties of certain persons, time allowed--certificate marked presumptive, when.
193.145. 1. A certificate of death for each death which occurs in
this state shall be filed with the local registrar, or as otherwise
directed by the state registrar, within five days after death and shall be
registered if such certificate has been completed and filed pursuant to
this section. All data providers in the death registration process,
including, but not limited to, the state registrar, local registrars, the
state medical examiner, county medical examiners, coroners, funeral
directors or persons acting as such, embalmers, sheriffs, attending
physicians and resident physicians, physician assistants, assistant
physicians, advanced practice registered nurses, and the chief medical
officers of licensed health care facilities, and other public or private
institutions providing medical care, treatment, or confinement to persons,
shall be required to use and utilize any electronic death registration
system required and adopted under subsection 1 of section 193.265 within
six months of the system being certified by the director of the department
of health and senior services, or the director's designee, to be
operational and available to all data providers in the death registration
process. However, should the person or entity that certifies the cause of
death not be part of, or does not use, the electronic death registration
system, the funeral director or person acting as such may enter the
required personal data into the electronic death registration system and
then complete the filing by presenting the signed cause of death
certification to the local registrar, in which case the local registrar
shall issue death certificates as set out in subsection 2 of section
193.265. Nothing in this section shall prevent the state registrar from
adopting pilot programs or voluntary electronic death registration programs
until such time as the system can be certified; however, no such pilot or
voluntary electronic death registration program shall prevent the filing of
a death certificate with the local registrar or the ability to obtain
certified copies of death certificates under subsection 2 of section
193.265 until six months after such certification that the system is
operational.
2. If the place of death is unknown but the dead body is found in
this state, the certificate of death shall be completed and filed pursuant
to the provisions of this section. The place where the body is found shall
be shown as the place of death. The date of death shall be the date on
which the remains were found.
3. When death occurs in a moving conveyance in the United States and
the body is first removed from the conveyance in this state, the death
shall be registered in this state and the place where the body 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 state, the death shall be registered in this state but
the certificate shall show the actual place of death if such place may be
determined.
4. The funeral director or person in charge of final disposition of
the dead body shall file the certificate of death. The funeral director or
person in charge of the final disposition of the dead body shall obtain or
verify and enter into the electronic death registration system:
(1) The personal data from the next of kin or the best qualified
person or source available;
(2) The medical certification from the person responsible for such
certification if designated to do so under subsection 5 of this section;
and
(3) Any other information or data that may be required to be placed
on a death certificate or entered into the electronic death certificate
system including, but not limited to, the name and license number of the
embalmer.
5. The medical certification shall be completed, attested to its
accuracy either by signature or an electronic process approved by the
department, and returned to the funeral director or person in charge of
final disposition within seventy-two hours after death by the physician,
physician assistant, assistant physician, advanced practice registered
nurse in charge of the patient's care for the illness or condition which
resulted in death. In the absence of the physician, physician assistant,
assistant physician, advanced practice registered nurse or with the
physician's, physician assistant's, assistant physician's, or advanced
practice registered nurse's approval the certificate may be completed and
attested to its accuracy either by signature or an approved electronic
process by the physician's associate physician, the chief medical officer
of the institution in which death occurred, or the physician who performed
an autopsy upon the decedent, provided 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. The person authorized to complete the medical
certification may, in writing, designate any other person to enter the
medical certification information into the electronic death registration
system if the person authorized to complete the medical certificate has
physically or by electronic process signed a statement stating the cause of
death. Any persons completing the medical certification or entering data
into the electronic death registration system shall be immune from civil
liability for such certification completion, data entry, or determination
of the cause of death, absent gross negligence or willful misconduct. The
state registrar may approve alternate methods of obtaining and processing
the medical certification and filing the death certificate. The Social
Security number of any individual who has died shall be placed in the
records relating to the death and recorded on the death certificate.
6. When death occurs from natural causes more than thirty-six hours
after the decedent was last treated by a physician, physician assistant,
assistant physician, advanced practice registered nurse, the case shall be
referred to the county medical examiner or coroner or physician or local
registrar for investigation to determine and certify the cause of death.
If the death is determined to be of a natural cause, the medical examiner
or coroner or local registrar shall refer the certificate of death to the
attending physician, physician assistant, assistant physician, advanced
practice registered nurse for such certification. If the attending
physician, physician assistant, assistant physician, advanced practice
registered nurse refuses or is otherwise unavailable, the medical examiner
or coroner or local registrar shall attest to the accuracy of the
certificate of death either by signature or an approved electronic process
within thirty-six hours.
7. If the circumstances suggest that the death was caused by other
than natural causes, the medical examiner or coroner shall determine the
cause of death and shall complete and attest to the accuracy either by
signature or an approved electronic process the medical certification
within seventy-two hours after taking charge of the case.
8. If the cause of death cannot be determined within seventy-two
hours after death, the attending medical examiner, coroner, attending
physician, physician assistant, assistant physician, advanced practice
registered nurse, or local registrar shall give the funeral director, or
person in charge of final disposition of the dead body, notice of the
reason for the delay, and final disposition of the body shall not be made
until authorized by the medical examiner, coroner, attending physician,
physician assistant, assistant physician, advanced practice registered
nurse, or local registrar.
9. When a death is presumed to have occurred within this state but
the body cannot be located, a death certificate may be prepared by the
state registrar upon receipt of an order of a court of competent
jurisdiction which shall include the finding of facts required to complete
the death certificate. Such a death certificate shall be marked
"Presumptive", show on its face the date of registration, and identify the
court and the date of decree.
10. (1) The department of health and senior services shall notify
all physicians, physician assistants, assistant physicians, and advanced
practice registered nurses licensed under chapters 334 and 335 of the
requirements regarding the use of the electronic vital records system
provided for in this section.
(2) On or before August 30, 2015, the department of health and senior
services, division of community and public health shall create a working
group comprised of representation from the Missouri electronic vital
records system users and recipients of death certificates used for
professional purposes to evaluate the Missouri electronic vital records
system, develop recommendations to improve the efficiency and usability of
the system, and to report such findings and recommendations to the general
assembly no later than January 1, 2016.
(L. 1984 S.B. 574, A.L. 1989 S.B. 389, A.L. 1997 S.B. 361, A.L. 2005
S.B. 74 & 49, A.L. 2010 H.B. 1692, et al. merged with S.B. 754,
A.L. 2013 S.B. 186, A.L. 2015 H.B. 618)
*Effective 10-16-15, see § 21.250. H.B. 618 was vetoed on July 10,
2015. The veto was overridden September 16, 2015.
2013
2010
2005
1997
2013
193.145. 1. A certificate of death for each death which occurs in
this state shall be filed with the local registrar, or as otherwise
directed by the state registrar, within five days after death and shall be
registered if such certificate has been completed and filed pursuant to
this section. All data providers in the death registration process,
including, but not limited to, the state registrar, local registrars, the
state medical examiner, county medical examiners, coroners, funeral
directors or persons acting as such, embalmers, sheriffs, attending
physicians and resident physicians, and the chief medical officers of
licensed health care facilities, and other public or private institutions
providing medical care, treatment, or confinement to persons, shall be
required to use and utilize any electronic death registration system
required and adopted under subsection 1 of section 193.265 within six
months of the system being certified by the director of the department of
health and senior services, or the director's designee, to be operational
and available to all data providers in the death registration process.
However, should the person or entity that certifies the cause of death not
be part of, or does not use, the electronic death registration system, the
funeral director or person acting as such may enter the required personal
data into the electronic death registration system and then complete the
filing by presenting the signed cause of death certification to the local
registrar, in which case the local registrar shall issue death certificates
as set out in subsection 2 of section 193.265. Nothing in this section
shall prevent the state registrar from adopting pilot programs or voluntary
electronic death registration programs until such time as the system can be
certified; however, no such pilot or voluntary electronic death
registration program shall prevent the filing of a death certificate with
the local registrar or the ability to obtain certified copies of death
certificates under subsection 2 of section 193.265 until six months after
such certification that the system is operational.
2. If the place of death is unknown but the dead body is found in
this state, the certificate of death shall be completed and filed pursuant
to the provisions of this section. The place where the body is found shall
be shown as the place of death. The date of death shall be the date on
which the remains were found.
3. When death occurs in a moving conveyance in the United States and
the body is first removed from the conveyance in this state, the death
shall be registered in this state and the place where the body 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 state, the death shall be registered in this state but
the certificate shall show the actual place of death if such place may be
determined.
4. The funeral director or person in charge of final disposition of
the dead body shall file the certificate of death. The funeral director or
person in charge of the final disposition of the dead body shall obtain or
verify:
(1) The personal data from the next of kin or the best qualified
person or source available; and
(2) The medical certification from the person responsible for such
certification.
5. The medical certification shall be completed, attested to its
accuracy either by signature or an electronic process approved by the
department, and returned to the funeral director or person in charge of
final disposition within seventy-two hours after death by the physician in
charge of the patient's care for the illness or condition which resulted in
death. In the absence of the physician or with the physician's approval
the certificate may be completed and attested to its accuracy either by
signature or an approved electronic process by the physician's associate
physician, the chief medical officer of the institution in which death
occurred, or the physician who performed an autopsy upon the decedent,
provided 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.
The state registrar may approve alternate methods of obtaining and
processing the medical certification and filing the death certificate. The
Social Security number of any individual who has died shall be placed in
the records relating to the death and recorded on the death certificate.
6. When death occurs from natural causes more than thirty-six hours
after the decedent was last treated by a physician, the case shall be
referred to the county medical examiner or coroner or physician or local
registrar for investigation to determine and certify the cause of death.
If the death is determined to be of a natural cause, the medical examiner
or coroner or local registrar shall refer the certificate of death to the
attending physician for such physician's certification. If the attending
physician refuses or is otherwise unavailable, the medical examiner or
coroner or local registrar shall attest to the accuracy of the certificate
of death either by signature or an approved electronic process within
thirty-six hours.
7. If the circumstances suggest that the death was caused by other
than natural causes, the medical examiner or coroner shall determine the
cause of death and shall complete and attest to the accuracy either by
signature or an approved electronic process the medical certification
within seventy-two hours after taking charge of the case.
8. If the cause of death cannot be determined within seventy-two
hours after death, the attending medical examiner or coroner or attending
physician or local registrar shall give the funeral director, or person in
charge of final disposition of the dead body, notice of the reason for the
delay, and final disposition of the body shall not be made until authorized
by the medical examiner or coroner, attending physician or local registrar.
9. When a death is presumed to have occurred within this state but
the body cannot be located, a death certificate may be prepared by the
state registrar upon receipt of an order of a court of competent
jurisdiction which shall include the finding of facts required to complete
the death certificate. Such a death certificate shall be marked
"Presumptive", show on its face the date of registration, and identify the
court and the date of decree.
2010
193.145. 1. A certificate of death for each death which occurs in
this state shall be filed with the local registrar, or as otherwise
directed by the state registrar, within five days after death and shall be
registered if such certificate has been completed and filed pursuant to
this section. All data providers in the death registration process,
including, but not limited to, the state registrar, local registrars, the
state medical examiner, county medical examiners, coroners, funeral
directors or persons acting as such, embalmers, sheriffs, attending
physicians and resident physicians, and the chief medical officers of
licensed health care facilities, and other public or private institutions
providing medical care, treatment, or confinement to persons, shall be
required to use and utilize any electronic death registration system
required and adopted under subsection 1 of section 193.265 within six
months of the system being certified by the director of the department of
health and senior services, or the director's designee, to be operational
and available to all data providers in the death registration process.
Nothing in this section* shall prevent the state registrar from adopting
pilot programs or voluntary electronic death registration programs until
such time as the system can be certified; however, no such pilot or
voluntary electronic death registration program shall prevent the filing of
a death certificate with the local registrar or the ability to obtain
certified copies of death certificates** under subsection 2 of section
193.265 until six months after such*** certification that the system is
operational.
2. If the place of death is unknown but the dead body is found in
this state, the certificate of death shall be completed and filed pursuant
to the provisions of this section. The place where the body is found shall
be shown as the place of death. The date of death shall be the date on
which the remains were found.
3. When death occurs in a moving conveyance in the United States and
the body is first removed from the conveyance in this state, the death
shall be registered in this state and the place where the body 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 state, the death shall be registered in this state but
the certificate shall show the actual place of death if such place may be
determined.
4. The funeral director or person in charge of final disposition of
the dead body shall file the certificate of death. The funeral director or
person in charge of the final disposition of the dead body shall obtain or
verify:
(1) The personal data from the next of kin or the best qualified
person or source available; and
(2) The medical certification from the person responsible for such
certification.
5. The medical certification shall be completed, attested to its
accuracy either by signature or an electronic process approved by the
department, and returned to the funeral director or person in charge of
final disposition within seventy-two hours after death by the physician in
charge of the patient's care for the illness or condition which resulted in
death. In the absence of the physician or with the physician's approval
the certificate may be completed and attested to its accuracy either by
signature or an approved electronic process by the physician's associate
physician, the chief medical officer of the institution in which death
occurred, or the physician who performed an autopsy upon the decedent,
provided 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.
The state registrar may approve alternate methods of obtaining and
processing the medical certification and filing the death certificate. The
Social Security number of any individual who has died shall be placed in
the records relating to the death and recorded on the death certificate.
6. When death occurs from natural causes more than thirty-six hours
after the decedent was last treated by a physician, the case shall be
referred to the county medical examiner or coroner or physician or local
registrar for investigation to determine and certify the cause of death.
If the death is determined to be of a natural cause, the medical examiner
or coroner or local registrar shall refer the certificate of death to the
attending physician for such physician's certification. If the attending
physician refuses or is otherwise unavailable, the medical examiner or
coroner or local registrar shall attest to the accuracy of the certificate
of death either by signature or an approved electronic process within
thirty-six hours.
7. If the circumstances suggest that the death was caused by other
than natural causes, the medical examiner or coroner shall determine the
cause of death and shall complete and attest to the accuracy either by
signature or an approved electronic process the medical certification
within seventy-two hours after taking charge of the case.
8. If the cause of death cannot be determined within seventy-two
hours after death, the attending medical examiner or coroner or attending
physician or local registrar shall give the funeral director, or person in
charge of final disposition of the dead body, notice of the reason for the
delay, and final disposition of the body shall not be made until authorized
by the medical examiner or coroner, attending physician or local registrar.
9. When a death is presumed to have occurred within this state but
the body cannot be located, a death certificate may be prepared by the
state registrar upon receipt of an order of a court of competent
jurisdiction which shall include the finding of facts required to complete
the death certificate. Such a death certificate shall be marked
"Presumptive", show on its face the date of registration, and identify the
court and the date of decree.
2005
193.145. 1. A certificate of death for each death which occurs in
this state shall be filed with the local registrar, or as otherwise
directed by the state registrar, within five days after death and shall be
registered if such certificate has been completed and filed pursuant to
this section.
2. If the place of death is unknown but the dead body is found in
this state, the certificate of death shall be completed and filed pursuant
to the provisions of this section. The place where the body is found shall
be shown as the place of death. The date of death shall be the date on
which the remains were found.
3. When death occurs in a moving conveyance in the United States and
the body is first removed from the conveyance in this state, the death
shall be registered in this state and the place where the body 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 state, the death shall be registered in this state but
the certificate shall show the actual place of death if such place may be
determined.
4. The funeral director or person in charge of final disposition of
the dead body shall file the certificate of death. The funeral director or
person in charge of the final disposition of the dead body shall obtain or
verify:
(1) The personal data from the next of kin or the best qualified
person or source available; and
(2) The medical certification from the person responsible for such
certification.
5. The medical certification shall be completed, attested to its
accuracy either by signature or an electronic process approved by the
department, and returned to the funeral director or person in charge of
final disposition within seventy-two hours after death by the physician in
charge of the patient's care for the illness or condition which resulted in
death. In the absence of the physician or with the physician's approval
the certificate may be completed and attested to its accuracy either by
signature or an approved electronic process by the physician's associate
physician, the chief medical officer of the institution in which death
occurred, or the physician who performed an autopsy upon the decedent,
provided 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.
The state registrar may approve alternate methods of obtaining and
processing the medical certification and filing the death certificate. The
Social Security number of any individual who has died shall be placed in
the records relating to the death and recorded on the death certificate.
6. When death occurs from natural causes more than thirty-six hours
after the decedent was last treated by a physician, the case shall be
referred to the county medical examiner or coroner or physician or local
registrar for investigation to determine and certify the cause of death.
If the death is determined to be of a natural cause, the medical examiner
or coroner or local registrar shall refer the certificate of death to the
attending physician for such physician's certification. If the attending
physician refuses or is otherwise unavailable, the medical examiner or
coroner or local registrar shall attest to the accuracy of the certificate
of death either by signature or an approved electronic process within
thirty-six hours.
7. If the circumstances suggest that the death was caused by other
than natural causes, the medical examiner or coroner shall determine the
cause of death and shall complete and attest to the accuracy either by
signature or an approved electronic process the medical certification
within seventy-two hours after taking charge of the case.
8. If the cause of death cannot be determined within seventy-two
hours after death, the attending medical examiner or coroner or attending
physician or local registrar shall give the funeral director, or person in
charge of final disposition of the dead body, notice of the reason for the
delay, and final disposition of the body shall not be made until authorized
by the medical examiner or coroner, attending physician or local registrar.
9. When a death is presumed to have occurred within this state but
the body cannot be located, a death certificate may be prepared by the
state registrar upon receipt of an order of a court of competent
jurisdiction which shall include the finding of facts required to complete
the death certificate. Such a death certificate shall be marked
"Presumptive", show on its face the date of registration, and identify the
court and the date of decree.
1997
193.145. 1. A certificate of death for each death which occurs in
this state shall be filed with the local registrar, or as otherwise
directed by the state registrar, within five days after death and shall be
registered if such certificate has been completed and filed pursuant to
this section.
2. If the place of death is unknown but the dead body is found in
this state, the certificate of death shall be completed and filed pursuant
to the provisions of this section. The place where the body is found shall
be shown as the place of death. The date of death shall be the date on
which the remains were found.
3. When death occurs in a moving conveyance in the United States and
the body is first removed from the conveyance in this state, the death
shall be registered in this state and the place where the body 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 state, the death shall be registered in this state but
the certificate shall show the actual place of death if such place may be
determined.
4. The funeral director or person acting as such in charge of final
disposition of the dead body shall file the certificate of death. The
funeral director shall obtain:
(1) The personal data from the next of kin or the best qualified
person or source available; and
(2) The medical certification from the person responsible for such
certification.
5. The medical certification shall be completed, signed, and returned
to the funeral director or person acting as such within seventy-two hours
after death by the physician in charge of the patient's care for the
illness or condition which resulted in death. In the absence of the
physician or with the physician's approval the certificate may be completed
and signed by the physician's associate physician, the chief medical
officer of the institution in which death occurred, or the physician who
performed an autopsy upon the decedent, provided 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. The Social Security number of any
individual who has died shall be placed in the records relating to the
death and recorded on the death certificate.
6. When death occurs from natural causes more than thirty-six hours
after the decedent was last treated by a physician, the case shall be
referred to the county medical examiner or coroner or physician or local
registrar for investigation to determine and certify the cause of death.
If the death is determined to be of a natural cause, the medical examiner
or coroner or local registrar shall refer the certificate of death to the
attending physician for such physician's certification. If the attending
physician refuses or is otherwise unavailable, the medical examiner or
coroner or local registrar shall sign the certificate of death within
thirty-six hours.
7. If the circumstances suggest that the death was caused by other
than natural causes, the medical examiner or coroner shall determine the
cause of death and shall complete and sign the medical certification within
seventy-two hours after taking charge of the case.
8. If the cause of death cannot be determined within seventy-two
hours after death, the attending medical examiner or coroner or attending
physician or local registrar 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 medical examiner or
coroner, attending physician or local registrar.
9. When a death is presumed to have occurred within this state but
the body cannot be located, a death certificate may be prepared by the
state registrar upon receipt of an order of a court of competent
jurisdiction which shall include the finding of facts required to complete
the death certificate. Such a death certificate shall be marked
"Presumptive", show on its face the date of registration, and identify the
court and the date of decree.
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