An Act To Promote Clarity Regarding Death Certificates
Maine Legislature, Session 121, LD 0351
Committee: Health and Human Services
Sponsors: DAVIS, MAYO
Amends: 22 MRSA §2842

Legislative Document 
No. 351 
S.P.127 
In Senate, January 30, 2003 
An Act To Promote Clarity Regarding Death Certificates 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator DAVIS of Piscataquis. 
Cosponsored by Senator: MAYO of Sagadahoc. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, current law authorizes only a medical examiner or 
the physician to enter the cause of death on a death certificate; 
and 
Whereas, authorizing funeral 
directors 
persons to complete the certificate pursuant 
a 
medical examiner or the physician will 
process; and 
and certain other 
to the direction of 
improve 
the filing 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §2842, sub-§I, as amended by PL 1977, c. 232, 
§2, is further amended to read: 
1. 
Certificate filed by funeral director. 
The 
funeral 
director or other authorized person in charge of the disposition 
of the dead human body or its removal from the State saall-Be is 
responsible for filing the certificate. He The funeral director 
or other authorized person shall obtain the personal data from 
the best qualified person or 
source available 
aRs--ae. 
The 
funeral director or other authorized person shall flreseR-t.--t=ae 
eer~i~iea~e-~~~~-~&y&~~~&-er-ffi€~~€~~-~~--~&~&&~&~-EeF 
eemfl±e~iR~--t=ae-~~~-~r~~~~~-~--~~-€~~£€--ef--seat=aT 
either: 
A. 
Present the certificate to the physician or medical 
examiner 
responsible 
for 
completing 
the 
medical 
certification of the 
cause of death for 
completion 
and 
signature; or 
B. 
Type or print the cause of death on the certificate of 
death if the cause of death was obtained from the physician 
or medical examiner in charge, then present the certificate 
to the physician or medical examiner for signature. 
Sec. 2. 22 MRSA §2842, sub-§2, as amended by PL 2001, c. 574, 
§26, is further amended to read: 
2. 
Medical 
certificate 
by 
physician. 
The 
medical 
certification of the cause of death must be completed as provided 
Page l-LR0255(1) 
in subsection 1 in typewritten or handwritten block style and 
signed in a timely fashion by a physician authorized to practice 
in the State who has knowledge of the patient I s recent medical 
condi tion, in accordance with department regulations and other 
laws detailing who can certify and in what time frame, 
except 
when 
the death falls 
under 
the 
jurisdiction of 
the 
medical 
examiner as provided in section 3025. 
If the patient was 
a 
resident of a nursing home licensed under section 1817 at the 
time of death and if the physician in charge of the patient I s 
care or another physician designated by the physician in charge 
had not examined the patient within 48 hours prior to death, or 
within 2 weeks prior to death in the case of a terminally ill 
patient, the physician in charge or another physician designated 
by the physician in charge shall examine 
the body prior to 
completing the certification of death process. 
Any physician who 
fails to eemplese ensure that the medical certification of the 
cause of death is completed properly and fully, in typewritten or 
handwritten block style and in a timely manner, or who fails to 
examine the body of a nursing home resident prior to certifying 
cause of death as required by this section must be reported to 
the Board of Licensure in Medicine or the Board of Osteopathic 
Licensure, whichever is appropriate, by the State Registrar of 
Vital Statistics of the Department of Human Services. 
For the purposes of this subsection, the following terms have the 
following meanings. 
A. 
"Life-sustaining procedure" means any medical procedure 
or 
intervention that, 
when 
administered 
to 
a 
qualified 
patient, will serve only to prolong the dying process and 
does not include nutrition and hydration. 
B. 
"Terminally ill patient" means a patient who has been 
diagnosed as having an incurable or irreversible condition 
that, 
without 
the 
administration 
of 
life-sustaining 
procedures, will, in the opinion of the attending physician, 
result in death within a short time. 
Sec. 3. 22 MRSA §2842, sub-§3, as amended by PL 2001, c. 574, 
§27, is further amended to read: 
3. 
Medical certificate by medical examiner. 
When a death 
occurs under circumstances that make it a medical examiner case 
as defined in section 3025, or when inquiry as to the cause of 
death is required by law, 
the medical examiner shall eemj?±et;e 
ensure that the medical certification of the cause of death is 
properly completed in typewritten or handwritten block style sHe 
meeieal- -€-e-£4:-i-f-i-€-a-t.-it>Tl--o-f- -sHe - -€-a-u6B-- -o-f- -eeasH and shall sign the 
death certificate. 
A certification need not be completed before 
the remains are ready for release. 
The medical examiner is responsible for the identity of the 
deceased 
and 
the 
time, 
date, 
place, 
cause, 
manner 
and 
circumstances of death on the death certificate. 
Entries may be 
left "pending" if further study is needed; or, at the specific 
direction 
of 
the 
Attorney 
General 
relative 
to 
cases 
under 
investigation by the Attorney General's office, entries must be 
left "withheld" until such time as the Attorney GeneraL in the 
Attorney General's sole discretion, determines that any criminal 
investigation 
and 
prosecution will 
not 
be 
harmed 
by 
public 
disclosure of such information. 
Notwithstanding section 2706, 
subsection 4, unless directed otherwise by the Attorney General 
as specified in this subsection, this information for which the 
medical examiner is responsible may be made available to the 
general public by the Office of Chief Medical Examiner. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill gives 
a 
funeral 
director or other 
authorized 
person the option of completing the certificate of death if the 
cause of death is obtained from the physician or medical examiner 
or 
having 
the 
physician 
or 
medical 
examiner 
complete 
the 
certificate. 
In any case, the law requires the certificate to be 
signed by the physician or 
medi(~al examiner. 
The physician or 
medical 
examiner 
signing 
the 
certificate 
is 
responsible 
for 
making 
sure the cause of death is entered correctly on 
the 
certificate. 
This bill takes effect when approved.