CHAPTER 74
S.P. 127 - L.D. 351
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law requires that a death certificate be completed in typewritten or handwritten block style; and
Whereas, death certificates have been rejected for filing because they were completed by hand without meeting the strict requirements of "block style"; and
Whereas, death certificates should be accepted for filing if they are completed in a hand-printed style that is legible; and
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-§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 in typewritten or handwritten block legibly hand-printed 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 the medical certification of the cause of death fully, in typewritten or handwritten block legibly hand-printed 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. 2. 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 in typewritten or handwritten block legibly hand-printed style the medical certification of the cause of death and 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.
Sec. 3. 22 MRSA §2845, as amended by PL 2001, c. 574, §30, is further amended to read:
§2845. Certificate of death typewritten or hand printed
Any death certificate required to be filed by this chapter must be typewritten or handwritten in block type legibly hand printed prior to such filing.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 25, 2003.
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