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        PRIOR PRINTER'S NO. 302                       PRINTER'S NO. 2982

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 270 Session of 1989


        INTRODUCED BY PISTELLA, OLASZ, ROBINSON, MARKOSEK, PRESTON,
           KAISER, VAN HORNE, LEVDANSKY, COWELL, GIGLIOTTI, DeLUCA,
           TRELLO, MICHLOVIC, McVERRY, PETRONE AND ITKIN,
           FEBRUARY 7, 1989

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JANUARY 24, 1990

                                     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     * * *


     1     (9)  "Immediate family member" means grandparents, parents,
     2  children SIBLINGS, grandchildren, spouses and children.           <--
     3     Section 2.  Sections 502 and 503 of the act, amended November
     4  21, 1967 (P.L.516, No.250), are amended to read:
     5     Section 502.  Death and Fetal Death Registration: Information
     6  for Certificates.--In preparing a certificate of death or fetal
     7  death, the person in charge of interment or of removal of a dead
     8  body or fetal remains from the registration district shall
     9  obtain the required information. The following persons shall
    10  supply the information certified by their respective signatures:
    11     (1)  Personal information concerning the deceased or the
    12  fetal death shall be supplied by the person best acquainted with
    13  the facts.
    14     (2)  [The] Subject to the limitation contained in clause (3),
    15  the medical certification, except in the event of a referral to
    16  the coroner pursuant to section five hundred three of this act,
    17  shall be supplied (i) in the case of a death, by the physician
    18  or (ii) dentist who is a staff member of an approved hospital
    19  who attended the deceased during the last illness, provided the
    20  death occurs in the hospital and the deceased had been admitted
    21  on the dental service, and (iii) in the case of a fetal death,
    22  by the attending physician.
    23     (3)  In all cases where the physician or dentist who would
    24  otherwise supply the medical certification is a member of the
    25  immediate family of the deceased, the case shall be referred to
    26  another physician or dentist who qualifies under clause (2) for
    27  a medical certification. In the event a qualified alternate
    28  physician or dentist is unavailable or unwilling to provide the
    29  medical certification required by law, the case shall be
    30  referred to the coroner of the county wherein the death occurred
    19890H0270B2982                  - 2 -

     1  OR TO A CORONER OF AN ADJACENT COUNTY. IN NO EVENT SHALL A        <--
     2  CORONER SIGN A CERTIFICATE OF DEATH OR FETAL DEATH FOR A
     3  DECEASED WHO WAS A MEMBER OF HIS IMMEDIATE FAMILY.
     4     Section 503.  Death and Fetal Death Registration: Coroner
     5  Referrals.--The local registrar or person in charge of interment
     6  or other person having knowledge of the death or fetal death
     7  shall refer to the coroner the following cases: (1) where no
     8  physician or dentist who is a staff member of an approved
     9  hospital was in attendance during the last illness of the
    10  deceased or in the case of a fetal death where there was no
    11  attending physician, or (2) where the physician or dentist who
    12  is a staff member of an approved hospital in attendance during
    13  the last illness of the deceased or the attending physician in
    14  the case of a fetal death is physically unable to supply the
    15  necessary data, or (3) where the circumstances suggest that the
    16  death was sudden or violent or suspicious in nature or was the
    17  result of other than natural causes, or (4) where the physician
    18  or, dentist OR CORONER who provided or would provide the medical  <--
    19  certification is a member of the immediate family of the
    20  deceased. In every instance of a referral under this section,
    21  the coroner shall make an immediate investigation and shall
    22  supply the necessary data, including the medical certification
    23  of the death or fetal death. IN NO EVENT SHALL A CORONER SIGN A   <--
    24  CERTIFICATE OF DEATH OR FETAL DEATH FOR A DECEASED WHO WAS A
    25  MEMBER OF HIS IMMEDIATE FAMILY.
    26     Section 3.  This act shall take effect in 60 days.



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