| 1 | A bill to be entitled |
| 2 | An act relating to death and fetal death registration; |
| 3 | amending s. 382.008, F.S.; providing for advanced |
| 4 | registered nurse practitioners to provide certification of |
| 5 | death or fetal death; providing an effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. Subsections (2), (3), (4), and (5) of section |
| 10 | 382.008, Florida Statutes, are amended to read: |
| 11 | 382.008 Death and fetal death registration.- |
| 12 | (2)(a) The funeral director who first assumes custody of a |
| 13 | dead body or fetus shall file the certificate of death or fetal |
| 14 | death. In the absence of the funeral director, the physician, |
| 15 | advanced registered nurse practitioner, or other person in |
| 16 | attendance at or after the death shall file the certificate of |
| 17 | death or fetal death. The person who files the certificate shall |
| 18 | obtain personal data from the next of kin or the best qualified |
| 19 | person or source available. The medical certification of cause |
| 20 | of death shall be furnished to the funeral director, either in |
| 21 | person or via certified mail, by the physician, advanced |
| 22 | registered nurse practitioner, or medical examiner responsible |
| 23 | for furnishing such information. For fetal deaths, the |
| 24 | physician, midwife, advanced registered nurse practitioner, or |
| 25 | hospital administrator shall provide any medical or health |
| 26 | information to the funeral director within 72 hours after |
| 27 | expulsion or extraction. |
| 28 | (b) The State Registrar may receive electronically a |
| 29 | certificate of death or fetal death which is required to be |
| 30 | filed with the registrar under this chapter through facsimile or |
| 31 | other electronic transfer for the purpose of filing the |
| 32 | certificate. The receipt of a certificate of death or fetal |
| 33 | death by electronic transfer constitutes delivery to the State |
| 34 | Registrar as required by law. |
| 35 | (3) Within 72 hours after receipt of a death or fetal |
| 36 | death certificate from the funeral director, the medical |
| 37 | certification of cause of death shall be completed and made |
| 38 | available to the funeral director by the physician or advanced |
| 39 | registered nurse practitioner in charge of the decedent's care |
| 40 | for the illness or condition which resulted in death, the |
| 41 | physician or advanced registered nurse practitioner in |
| 42 | attendance at the time of death or fetal death or immediately |
| 43 | before or after such death or fetal death, or the medical |
| 44 | examiner if the provisions of s. 382.011 apply. The physician, |
| 45 | advanced registered nurse practitioner, or medical examiner |
| 46 | shall certify over his or her signature the cause of death to |
| 47 | the best of his or her knowledge and belief. |
| 48 | (a) The local registrar may grant the funeral director an |
| 49 | extension of time upon a good and sufficient showing of any of |
| 50 | the following conditions: |
| 51 | 1. An autopsy is pending. |
| 52 | 2. Toxicology, laboratory, or other diagnostic reports |
| 53 | have not been completed. |
| 54 | 3. The identity of the decedent is unknown and further |
| 55 | investigation or identification is required. |
| 56 | (b) If the physician, advanced registered nurse |
| 57 | practitioner, or medical examiner has indicated that he or she |
| 58 | will sign and complete the medical certification of cause of |
| 59 | death, but will not be available until after the 5-day |
| 60 | registration deadline, the local registrar may grant an |
| 61 | extension of 5 days. If a further extension is required, the |
| 62 | funeral director must provide written justification to the |
| 63 | registrar. |
| 64 | (4) If the local registrar has granted an extension of |
| 65 | time to provide the medical certification of cause of death, the |
| 66 | funeral director shall file a temporary certificate of death or |
| 67 | fetal death which shall contain all available information, |
| 68 | including the fact that the cause of death is pending. The |
| 69 | physician, advanced registered nurse practitioner, or medical |
| 70 | examiner shall provide an estimated date for completion of the |
| 71 | permanent certificate. |
| 72 | (5) A permanent certificate of death or fetal death, |
| 73 | containing the cause of death and any other information which |
| 74 | was previously unavailable, shall be registered as a replacement |
| 75 | for the temporary certificate. The permanent certificate may |
| 76 | also include corrected information if the items being corrected |
| 77 | are noted on the back of the certificate and dated and signed by |
| 78 | the funeral director, physician, advanced registered nurse |
| 79 | practitioner, or medical examiner, as appropriate. |
| 80 | Section 2. This act shall take effect July 1, 2011. |