Report Title:

Vital Statistics Registration Districts

Description:

Streamlines the registration of births and deaths occurring in the State. (SB1357 HD1)

THE SENATE

S.B. NO.

1357

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

RELATING TO VITAL STATISTICS REGISTRATION DISTRICTS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 338-5, Hawaii Revised Statutes, is amended to read as follows:

"338-5 Compulsory registration of births. Within the time prescribed by the department of health, a certificate of every birth shall be substantially completed and filed with the [local agent of the] department [in the district in which the birth occurred,] by the administrator or designated representative of the birthing facility, or physician, or midwife, or other legally authorized person in attendance at the birth; or if not so attended, by one of the parents.

The birth facility shall make available to the department appropriate medical records for the purpose of monitoring compliance with [the provisions of] this chapter."

SECTION 2. Section 338-6, Hawaii Revised Statutes, is amended to read as follows:

"338-6 Local [agent] designated representative of the department to prepare birth certificate. (a) If neither parent of the newborn child whose birth is unattended as provided in section 338-5 is able to prepare a birth certificate, the local [agent] designated representative of the department of health in the county where the birth occurred shall secure the necessary information from any person having knowledge of the birth and prepare and file the certificate.

(b) The department shall prescribe the time within which a supplementary report furnishing information omitted on the original certificate may be returned for the purpose of completing the certificate. Certificates of birth completed by a supplementary report shall not be considered as ["delayed"] "late" or "altered.""

SECTION 3. Section 338-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Whoever assumes the custody of a living child of unknown parentage shall immediately report, on a form to be approved by the department of health, to the local [agent] designated representative of the department in the county where custody is assumed, the following:

(1) Date and place of finding or assumption of custody;

(2) Sex;

(3) [Color or race;] Race;

(4) Approximate age of child;

(5) Name and address of the person or institution with whom the child has been placed for care; and

(6) Name given to the child by the finder or custodian."

SECTION 4. Section 338-8, Hawaii Revised Statutes, is amended to read as follows:

"338-8 Compulsory registration of deaths and fetal deaths. A certificate of every death or fetal death shall be filed with the department of health in Honolulu or with the local [agent] designated representative of the department [of health] in the [district in which] county where the death or fetal death occurred or a dead body was found within three days after the death or fetal death occurred or the dead body was found. In every instance, a certificate shall be filed prior to interment or other disposition of the body."

SECTION 5. Section 338-9, Hawaii Revised Statutes, is amended to read as follows:

"338-9 Filing and preparation of death and fetal death certificates. (a) The person in charge of the disposition of the body shall file with the department of health in Honolulu or with the local [agent] designated representative of the department [of health] in the [district in which] county where the death or fetal death occurred, or a dead body was found, a certificate of death or fetal death within three days after the occurrence, except that reports of intentional terminations of pregnancy performed in accordance with section 453-16 may be deferred for up to one month.

(b) In preparing a certificate of death or fetal death the person in charge of the disposition of the body shall:

(1) Obtain and enter on the certificate the personal data and other information pertaining to the deceased person required by the department from the person best qualified to supply them;

(2) Present the certificate of death to the physician last in attendance upon the deceased, or to the coroner's physician, who shall thereupon certify the cause of death to the physician's best knowledge and belief, or present the certificate of fetal death to the physician, midwife, or other person in attendance at the fetal death, who shall certify the fetal death and such medical data pertaining thereto as can be furnished; provided that fetal deaths of less than twenty-four weeks or intentional terminations of pregnancy performed in accordance with section 453-16 may be certified by a nurse or other employee based upon the physician's records; and

(3) Notify immediately the appropriate local [agent,] designated representative, if the death occurred without medical attendance, or if the physician last in attendance fails to sign the death certificate. In [such] that event, the local [agent] designated representative shall inform the local health officer, and refer the case to the local health officer for immediate investigation and certification of the cause of death prior to issuing a permit for burial, or other disposition of the body. When the local health officer is not a physician or when there is no such officer, the local [agent] designated representative may complete the certificate on the basis of information received from relatives of the deceased or others having knowledge of the facts.

If the circumstances of the case suggest that the death or fetal death was caused by other than natural causes, the local [agent] designated representative shall refer the case to the coroner for investigation and certification.

(c) A death certificate may be filed by the next of kin and accepted by the local [agent] designated representative without meeting the requirements set forth above when there has been a judicial finding and declaration by a court of record that a person is dead; provided that the certificate is in a form approved by the department and has been certified by the clerk of court."

SECTION 6. Section 338-10, Hawaii Revised Statutes, is amended to read as follows:

"338-10 Late determination of the cause of death. If the cause of death cannot be determined within three days, the certification of its cause may be filed after the prescribed period, but the attending physician or coroner's physician shall notify in writing to the local [agent] designated representative of the department of health [of] in the [district in which] county where the death occurred of the reason for late filing, in order that a permit for the disposition of the body may be issued.

As used in this section, "late" means more than three days after the date of death."

SECTION 7. Section 338-18, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) Subject to this section, the department may direct its local [agents] designated representatives to make a return upon filing of birth, death, and fetal death certificates with them, of certain data shown to federal, state, territorial, county, or municipal agencies. Payment by these agencies for these services may be made as the department shall direct."

SECTION 8. Section 338-23, Hawaii Revised Statutes, is amended to read as follows:

"338-23 Permit for removal, burial, or other disposition of body. When a death or fetal death occurs or a dead body is found, the body shall not be disposed of or removed from the [registration district] county where the death or fetal death occurred or the dead body was found until a written permit has been issued by the local [agent] designated representative of the department of health, except that if the dead fetus is less than twenty-four weeks of gestation, no permit shall be required and except that if the death occurred as a result of an accident or other casualty occurrence, the local [agent] designated representative of the department [of health] may orally authorize the dead bodies to be removed from [a registration district] the county where the accident or other casualty occurrence took place and airlifted or otherwise directly transported to the city and county of Honolulu [registration district] for the preparation and filing of death certificates and the issuance of written permits for further disposition."

SECTION 9. Section 338-24, Hawaii Revised Statutes, is amended to read as follows:

"338-24 Foreign permit for removal, burial, or other disposition of body. When the death or fetal death occurs outside this State and the body is accompanied by a permit for burial, removal, or other disposition issued in accordance with the law and regulations in force where the death or fetal death occurred, the permit shall authorize the transportation of the body into or through this State, but before the burial, cremation, or other disposal of the body within this State, the permit shall be endorsed by the local [agent] designated representative of the department of health who shall keep a record thereof."

SECTION 10. Section 338-28, Hawaii Revised Statutes, is amended to read as follows:

"338-28 Transmittal of certificates to the department. Local [agents] designated representatives of the department of health shall transmit all certificates filed with them to the department in accordance with [regulations] rules of the department."

SECTION 11. Section 338-3, Hawaii Revised Statutes, is repealed.

["338-3 Registration districts. The department of health shall divide the State from time to time into public health statistics registration districts, which shall conform to political subdivisions, or combinations thereof, or such other subdivision as the department may deem advisable."]

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect on July 1, 2004.