SB410: (New Title) relative to the conditions for issuance of a cremation certificate and relative to the medical examiner’s statute.

CHAPTER 197

SB 410 – FINAL VERSION

02/21/08 0607s

2008 SESSION

08-2739

01/04

SENATE BILL 410

AN ACT relative to the conditions for issuance of a cremation certificate and relative to the medical examiner’s statute.

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Sgambati, Dist 4; Sen. Fuller Clark, Dist 24; Sen. Gallus, Dist 1

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill clarifies when a medical examiner’s certificate may be issued for a death which occurred within the state but the body is being transferred out of state for cremation.

This bill also makes a technical correction to the medical examiner’s statute and increases the fee for external examinations of a body during a death investigation.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/21/08 0607s

08-2739

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to the conditions for issuance of a cremation certificate and relative to the medical examiner’s statute.

Be it Enacted by the Senate and House of Representatives in General Court convened:

197:1 Cremation of Human Remains; Medical Examiner's Certificate. Amend RSA 325-A:18, I to read as follows:

I. The body of a deceased person shall not be cremated within 48 hours after his or her decease unless he or she died of a contagious or infectious disease[, and,]. If the death occurred within the state, the body shall not be cremated by the crematory authority until the crematory authority has received the certificate of burial permit required by law before burial, and a certificate from a medical examiner that he or she has viewed the body and made personal inquiry into the cause and manner of death, and is of the opinion that no further examination or judicial inquiry concerning the same is necessary. If the death occurred within the state but the body is being transferred out of state for cremation, the transfer shall not occur until the medical examiner has conducted such a view and inquiry and has issued a certificate. If the death occurs without the state, the reception and cremation of the body of a deceased person shall be governed by rules adopted by the board after consultation with the chief medical examiner.

197:2 New Section; Medical Records. Amend RSA 611-B by inserting after section 14 the following new section:

611-B:14-a Medical Records. For the purpose of any medical examination into the cause and manner of death, and where medical treatment has been provided to the decedent who is the subject of the examination, upon written request of the supervising medical examiner any individual, partnership, association, corporation, institution, or governmental entity which has rendered such treatment shall provide the supervising medical examiner with all medical records pertaining to the decedent and the treatment rendered. This section shall not preclude the supervising medical examiner from directly inspecting or obtaining any medical records pertaining to a case under the jurisdiction of the chief medical examiner. The records shall be promptly provided to the supervising medical examiner. When the records are incorporated into the files of the medical examiner or the office of the chief medical examiner, they shall be confidential and shall not be available for public inspection.

197:3 Assistant Deputy Medical Examiner Accounts. Amend RSA 611-B:27, I to read as follows:

I. Assistant deputy medical examiners shall be paid at the following rates: telephone consultations–$25; death investigations involving an external examination of the body–[$125] $140, plus mileage at the state rate; pre-cremation examinations conducted pursuant to RSA 325-A:18–$50.

197:4 Effective Date. This act shall take effect upon its passage.

Approved: June 11, 2008

Effective Date: June 11, 2008