§ 63-1-317v1 — Death certificate - Filing – Contents - Immunity.

Oklahoma § 63-1-317v1

• Jurisdiction: Oklahoma
• Title 63: Public Health And Safety

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A. A death certificate for each death which occurs in this state shall be filed with the State Department of Health within ten (10) calendar days after such death. B. It shall be the duty of the funeral director to file the death certificate. If the funeral director is not available, the person acting as such who first assumes custody of a dead body in accordance with Section 1158 of Title 21 of the Oklahoma Statutes shall personally sign and file the death certificate. The funeral director shall obtain the personal data from the next of kin or the best qualified person or source available, enter the personal data into the electronic system prescribed by the State Registrar of Vital Statistics, and electronically transmit the partial certificate produced by the electronic system to the physician, physician assistant, Advanced Practice Registered Nurse, or medical examiner responsible for completing the medical certification portion of the certificate of death within twenty-four (24) hours after the death. C. 1. The medical certification shall be completed and certified within five (5) calendar days after receipt of the partial certificate by the physician, physician assistant, or Advanced Practice Registered Nurse in charge of the patient’s care for the illness or condition which resulted in death, except when inquiry as to the cause of death is required by Section 938 of this title. The physician, physician assistant, or Advanced Practice Registered Nurse shall enter and certify the medical certification portion of certificate data in the electronic system prescribed by the State Registrar of Vital Statistics. 2. In the event that the physician, physician assistant, or Advanced Practice Registered Nurse in charge of the patient’s care for the illness or condition which resulted in death is not in attendance at the time of death, the medical certification shall be completed and signed within five (5) calendar days after receipt of the partial certificate by the physician, physician assistant, or Advanced Practice Registered Nurse in attendance at the time of death, except: a. when the patient is under hospice care at the time of death, the medical certification may be signed by the hospice’s medical director, and b. when inquiry as to the cause of death is required by Section 938 of this title. Provided, that such certification, if signed by other than the attending physician, physician assistant, or Advanced Practice Registered Nurse, shall note on the face the name of the attending physician, physician assistant, or Advanced Practice Registered Nurse and that the information shown is only as reported. D. Within four (4) calendar days after receipt of the medical certification from the physician, physician assistant, or Advanced Practice Registered Nurse as described in subsection C of this section, the funeral director shall conduct a final review of the personal data and the medical certification, electronically sign the death certificate, and submit the death certificate to the State Registrar of Vital Statistics through the electronic system prescribed by the State Registrar of Vital Statistics for official registration. E. A certifier completing cause of death on a certificate of death who knows that a lethal drug, overdose or other means of assisting suicide within the meaning of Sections 3141.2 through 3141.4 of this title caused or contributed to the death shall list that means among the chain of events under cause of death or list it in the box that describes how the injury occurred. If such means is in the chain of events under cause of death or in the box that describes how the injury occurred, the certifier shall indicate “suicide” as the manner of death. F. The authority of a physician assistant to carry out the functions described in this section shall be governed by the practice agreement as provided by Section 519.6 of Title 59 of the Oklahoma Statutes. G. A physician, physician assistant, or Advanced Practice Registered Nurse completing and signing a medical certification in accordance with this section shall not be liable in a civil action to recover damages for any acts or omissions relating to the medical certification if the cause of death is determined in good faith using the individual’s best clinical judgment consistent with current guidance provided by the applicable licensing board, unless the acts or omissions amount to willful or wanton misconduct. The immunity provided by this subsection shall be in addition to any other immunity from liability to which these individuals may be entitled.

Legislative History

Added by Laws 1963, c. 325, art. 3, § 317, operative July 1, 1963. Amended by Laws 1978, c. 110, § 2, operative Oct. 1, 1978; Laws 1979, c. 110, § 1, emerg. eff. April 25, 1979; Laws 2010, c. 374, § 1, eff. Nov. 1, 2010; Laws 2016, c. 70, § 1, eff. Nov. 1, 2016; Laws 2017, c. 42, § 25; Laws 2019, c. 305, § 2, eff. Nov. 1, 2019; Laws 2021, c. 247, § 1, eff. Nov. 1, 2021; Laws 2022, c. 184, § 1, eff. Nov. 1, 2022; Laws 2024, c. 251, § 1, eff. Nov. 1, 2024. NOTE: Laws 2016, c. 20, § 1 repealed by Laws 2017, c. 42, § 26. Laws 2021, c. 104, § 1 repealed by Laws 2022, c. 228, § 37, emerg. eff. May 5, 2022.