PRINTER'S NO. 360
No. 344 Session of 1991
INTRODUCED BY PISTELLA, FAJT, PETRONE, MICHLOVIC, TRELLO, MURPHY, COWELL, CESSAR, GIGLIOTTI, ITKIN AND OLASZ, FEBRUARY 6, 1991
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, FEBRUARY 6, 1991
AN ACT
1 Amending the act of June 29, 1953 (P.L.304, No.66), entitled "An
2 act providing for the administration of a statewide system of
3 vital statistics; prescribing the functions of the State
4 Department of Health, the State Advisory Health Board and
5 local registrars; imposing duties upon coroners,
6 prothonotaries, clerks of orphans' court, physicians,
7 midwives and other persons; requiring reports and
8 certificates for the registration of vital statistics;
9 regulating the disposition of dead bodies; limiting the
10 disclosure of records; prescribing the sufficiency of vital
11 statistics records as evidence; prescribing fees and
12 penalties; and revising and consolidating the laws relating
13 thereto," further providing for the medical certification for
14 death certificates and for referrals to coroners.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 105 of the act of June 29, 1953 (P.L.304,
18 No.66), known as the Vital Statistics Law of 1953, is amended by
19 adding a clause to read:
20 Section 105. General Provisions: Definitions.--As used in
21 this act--
22 * * *
23 (9) "Immediate family member" means grandparents, parents,
1 siblings, grandchildren, spouses and children. 2 Section 2. Sections 502 and 503 of the act, amended November 3 21, 1967 (P.L.516, No.250), are amended to read: 4 Section 502. Death and Fetal Death Registration: Information 5 for Certificates.--In preparing a certificate of death or fetal 6 death, the person in charge of interment or of removal of a dead 7 body or fetal remains from the registration district shall 8 obtain the required information. The following persons shall 9 supply the information certified by their respective signatures: 10 (1) Personal information concerning the deceased or the 11 fetal death shall be supplied by the person best acquainted with 12 the facts. 13 (2) [The] Subject to the limitation contained in clause (3), 14 the medical certification, except in the event of a referral to 15 the coroner pursuant to section five hundred three of this act, 16 shall be supplied (i) in the case of a death, by the physician 17 or (ii) dentist who is a staff member of an approved hospital 18 who attended the deceased during the last illness, provided the 19 death occurs in the hospital and the deceased had been admitted 20 on the dental service, and (iii) in the case of a fetal death, 21 by the attending physician. 22 (3) In all cases where the physician or dentist who would 23 otherwise supply the medical certification is a member of the 24 immediate family of the deceased, the case shall be referred to 25 another physician or dentist who qualifies under clause (2) for 26 a medical certification. In the event a qualified alternate 27 physician or dentist is unavailable or unwilling to provide the 28 medical certification required by law, the case shall be 29 referred to the coroner of the county wherein the death occurred 30 or to a coroner of an adjacent county. In no event shall a 19910H0344B0360 - 2 -
1 coroner sign a certificate of death or fetal death for a 2 deceased who was a member of his immediate family. 3 Section 503. Death and Fetal Death Registration: Coroner 4 Referrals.--The local registrar or person in charge of interment 5 or other person having knowledge of the death or fetal death 6 shall refer to the coroner the following cases: (1) where no 7 physician or dentist who is a staff member of an approved 8 hospital was in attendance during the last illness of the 9 deceased or in the case of a fetal death where there was no 10 attending physician, or (2) where the physician or dentist who 11 is a staff member of an approved hospital in attendance during 12 the last illness of the deceased or the attending physician in 13 the case of a fetal death is physically unable to supply the 14 necessary data, or (3) where the circumstances suggest that the 15 death was sudden or violent or suspicious in nature or was the 16 result of other than natural causes, or (4) where the physician, 17 dentist or coroner who provided or would provide the medical 18 certification is a member of the immediate family of the 19 deceased. In every instance of a referral under this section, 20 the coroner shall make an immediate investigation and shall 21 supply the necessary data, including the medical certification 22 of the death or fetal death. In no event shall a coroner sign a 23 certificate of death or fetal death for a deceased who was a 24 member of his immediate family. 25 Section 3. This act shall take effect in 60 days. L19L35JLW/19910H0344B0360 - 3 -