Chapter 085
2018 -- S 2614 SUBSTITUTE A
Enacted 06/28/2018

A N   A C T
RELATING TO HEALTH AND SAFETY - VITAL RECORDS

Introduced By: Senators Miller, Nesselbush, Lynch Prata, Jabour, and Sosnowski
Date Introduced: March 01, 2018

It is enacted by the General Assembly as follows:
     SECTION 1. Section 23-3-16 of the General Laws in Chapter 23-3 entitled "Vital
Records" is hereby amended to read as follows:
     23-3-16. Death registration.
     (a) A death certificate for each death which that occurs in this state shall be filed with the
state registrar of vital records or as otherwise directed by the state registrar within seven (7)
calendar days after death and prior to removal of the body from the state, and shall be registered
if it has been completed and filed in accordance with this section;, provided:
     (1) That if the place of death is unknown, a death certificate shall be filed with the state
registrar of vital records or as otherwise directed by the state registrar within seven (7) calendar
days after the occurrence; and
     (2) That if death occurs in a moving conveyance, a death certificate shall be filed with the
state registrar of vital records or as otherwise directed by the state registrar.
     (b) The funeral director, his or her duly authorized agent, or person acting as agent, who
first assumes custody of a dead body, shall file the death certificate. He or she shall obtain the
personal data from the next of kin or the best qualified person or source available. He or she shall
obtain the medical certification of cause of death from the person responsible for certification.
The death certificate shall indicate the following:
     (1) The sex of the decedent shall be recorded to reflect the decedent's gender identity, as
reported by the next of kin or the best qualified person available, unless the person completing the
death certificate is presented with a document that memorializes the decedent's gender transition.
In case of conflicting information on the sex of the decedent from the sources, the death
certificate shall be based on documentation that memorializes the decedent's gender transition.
Documents that may memorialize a gender transition include: written instructions from the
decedent; a court order approving a name or gender change; an advance health care directive;
documentation of an appropriate course of treatment for the purpose of gender transition;
documentation of a change to the gender marker on a birth certificate; or a state or federally
issued identification card, or any additional document as authorized by the Rhode Island
department of health. If more than one document is presented and the documents are in conflict
regarding the decedent's gender identity, the most recent document that memorializes the
decedent's gender transition shall prevail. If documentation is not available, it shall be based on
information from individuals most familiar with the decedent's gender identity at the time of
death.
     (c) A physician, after the death of a person whom he or she has attended during his or her
last illness, or the physician declaring that person dead, or if the death occurred in a hospital, a
registered hospital medical officer duly appointed by the hospital director or administrator, shall
immediately furnish for registration a standard certificate of death to a funeral director or other
authorized person or any member of the family of the deceased, stating to the best of his or her
knowledge and belief the name of the deceased,; the disease of which he or she died,; where it
was contracted,; the duration of the illness from which he or she died,; when last seen alive by the
physician, or, if death occurs in a hospital, when last seen alive by a physician; and the date of
death.
     (d) When death occurred without medical attendance as set forth in subsection (c) or
when inquiry is required by chapter 4 of this title, the medical examiner shall investigate the
cause of death and shall complete and sign the medical certification within forty-eight (48) hours
after taking charge of the case.
     SECTION 2. This act shall take effect upon passage.
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LC004672/SUB A
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