LD 351
pg. 2
Page 1 of 3 An Act To Promote Clarity Regarding Death Certificates Page 3 of 3
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LR 255
Item 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's recent medical
condition, 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'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 complete 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
complete ensure that the medical certification of the cause of
death is properly completed in typewritten or handwritten
block style the medical certification of the cause of death
and shall sign the death certificate. A certification need
not be completed before the remains are ready for release.


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