2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-15 - Death certificate; filing; medical certification; forwarding death certificate to decedent's county of residence; purging voter registration list

(a)
A certificate of death for each death which occurs in this state shall be filed with the local registrar of the county in which the death occurred or the body was found within ten days after the death as follows:
(1)
If the place of death is unknown but the dead body is found in this state, the certificate of death shall be completed and filed in accordance with this Code section. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it shall be the date the body was found and the certificate marked as such; or
(2)
When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the body is first removed from the conveyance in this state, the death shall be registered in this state but the certificate shall show the actual place of death insofar as can be determined.
(b)
The funeral director or person acting as such who first assumes custody of the dead body shall file the certificate of death within 72 hours. Such director or person shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible therefor.
(c)
(1)
The medical certification as to the cause and circumstances of death shall be completed, signed, and returned to the funeral director or person acting as such within 72 hours after death by the physician, or advanced practice registered nurse acting pursuant to the authority of Code Sections
43-34-23
and
43-34-25
or licensed physician assistant acting pursuant to the authority of Code Sections
43-34-23
and
43-34-103
, who is in charge of the patient's care for the illness or condition which resulted in death, except when inquiry is required by Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act.' In the absence of said physician, advanced practice registered nurse, or licensed physician assistant or with that physician's approval, the certificate may be completed and signed by an associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided that such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes. If, 30 days after a death, the physician, or advanced practice registered nurse acting pursuant to the authority of Code Sections
43-34-23
and
43-34-25
or licensed physician assistant acting pursuant to the authority of Code Sections
43-34-23
and
43-34-103
, who is in charge of the patient's care for the illness or condition which resulted in death has failed to complete, sign, and return the medical certification as to the cause and circumstances of death to the funeral director or person acting as such, the funeral director or person acting as such shall be authorized to report such physician, advanced practice registered nurse, or licensed physician assistant to their respective licensing boards for disciplinary action .
(2)
In any area in this state which is in a state of emergency as declared by the Governor due to an influenza pandemic, in addition to any other person authorized by law to complete and sign a death certificate, any registered professional nurse employed by a long-term care facility, registered nurse employed by a home health agency, or nursing supervisor employed by a hospital shall be authorized to complete and sign the death certificate, provided that such person has access to the medical history of the case, such person views the deceased at or after death, the death is due to natural causes, and an inquiry is not required under Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act.' In such a state of emergency, the death certificate shall be filed by the funeral director in accordance with subsection (b) of this Code section; or, if the certificate is not completed and signed by an appropriate physician, advanced practice registered nurse acting pursuant to the authority of Code Sections
43-34-23
and
43-34-25
, licensed physician assistant acting pursuant to the authority of Code Sections
43-34-23
and
43-34-103
, or coroner, the public health director of preparedness shall cause the death certificate to be completed, signed, and filed by some other authorized person within ten days after death.
(3)
An authorized individual completing and signing a death certificate in good faith and in accordance with this subsection shall be immune from civil liability for any acts or omissions relating to the medical certification, absent wanton misconduct or intentional wrongdoing. This immunity is in addition to any other legal immunity from liability to which such individuals may be entitled.
(d)
When death occurs without medical attendance as set forth in subsection (c) of this Code section or when inquiry is required by Article 2 of Chapter 16 of Title 45, the "Georgia Death Investigation Act," the proper person shall investigate the cause of death and shall complete and sign the medical certification portion of the death certificate within 30 days after being notified of the death.
(e)
If the cause of death cannot be determined within 48 hours after death, the medical certification shall be completed as provided by regulation. The attending physician, advanced practice registered nurse acting pursuant to the authority of Code Sections
43-34-23
and
43-34-25
, licensed physician assistant acting pursuant to the authority of Code Sections
43-34-23
and
43-34-103
, or coroner shall give the funeral director or person acting as such notice of the reason for the delay, and final disposition of the body shall not be made until authorized by the attending physician, coroner, or medical examiner.
(f)
When death occurs on or after July 1, 1985, in a county other than the county of the residence of the deceased person, a copy of such person's death certificate shall be forwarded as soon as practicable by the department to the custodian of records of the county of the residence of such deceased person. The custodian of records shall file such death certificate as a part of the permanent records of such office.
(g)
Any other provision of this chapter or Chapter 16 of Title 45 notwithstanding, when the death of a nonresident burn victim occurs in a treatment facility following the transportation of such victim from an incident occurring in another state, only the attending physician shall be required to complete and sign the death certificate.
(h)
On or before the tenth day of each month, the state registrar shall furnish to the Secretary of State's office, in a format prescribed by the Secretary's office, a list of those persons for whom death certificates have been filed during the preceding month. Such list shall be used by the Secretary of State to notify local registration officers for the purpose of purging the voter registration list of each county.
Amended by 2024 Ga. Laws 471,§ 1-1, eff. 7/1/2024.
Amended by 2010 Ga. Laws 624,§ 31, eff. 6/3/2010.
Amended by 2010 Ga. Laws 632,§ 36, eff. 7/1/2010.
Amended by 2010 Ga. Laws 546,§ 1, eff. 7/1/2010.
Amended by 2009 Ga. Laws 29,§ 1, eff. 7/1/2009.
Amended by 2004 Ga. Laws 522, § 6, eff. 7/1/2004.