LD 1568
pg. 3
Page 2 of 4 PUBLIC Law Chapter 359 Page 4 of 4
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LR 737
Item 1

 
2-A. Medical certification. Notwithstanding subsection 2,
with respect to a person who dies within the State naturally and
for whom the physician or nurse practitioner was the attending
physician health care provider, the medical certification of the
cause of death may be completed and signed by a physician or
nurse practitioner authorized to practice at the Veterans
Administration Hospital at Togus or at another federal medical
facility within the State or by a physician or an advanced
practice registered nurse licensed to practice in New Hampshire,
Vermont or Massachusetts, who, at the request of the Chief
Medical Examiner, is willing to do so.

 
Sec. 3. 22 MRSA §2843, first ¶, as amended by PL 1985, c. 231, §1, is
further amended to read:

 
Except as authorized by the department, no dead human body
shall may be buried, cremated or otherwise disposed of or removed
from the State until a funeral director or other authorized
person in charge of the disposition of the dead human body or its
removal from the State has obtained a permit from the clerk of
the municipality where death occurred or where the establishment
of a funeral director having custody of the dead human body is
located. The permit shall be is sufficient authority for final
disposition in any place where dead human bodies are disposed of
in this State, provided that the requirements of Title 32,
section 1405, are met in appropriate cases. No such permit may be
issued to anyone other than a funeral director until the clerk of
the municipality receives a medical certificate which that has
been signed by a physician or a medical examiner which that
indicates that the physician or medical examiner has personally
examined the body after death. A permit must also be issued if a
nurse practitioner has signed the medical certificate indicating
that the nurse practitioner has knowledge of the deceased's
recent medical condition or was in charge of the deceased's care
and that the nurse practitioner has personally examined the body
after death. The authorized person may transport a dead human
body only upon receipt of this permit.

 
Sec. 4. 22 MRSA §2843, 3rd ¶, as amended by PL 2001, c. 574, §28, is
further amended to read:

 
A municipal clerk may issue a disposition of human remains
permit to a funeral director who presents a report of death and
states that the funeral director has been unable to obtain a
medical certification of the cause of death. The funeral
director shall name the attending physician, attending nurse
practitioner or medical examiner who will certify to the cause of
death and present assurances that he or she has agreed to do so.
The funeral director shall exercise due diligence to secure the
medical certification and file the death certificate as soon as
possible.


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