PREFILED DEC 31 2019
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REFERENCE TITLE: death certificates; gender |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2074 |
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Introduced by Representatives Gabaldón: Jermaine, Rodriguez
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AN ACT
amending section 36‑325, Arizona Revised Statutes; relating to death certificates.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-325, Arizona Revised Statutes, is amended to read:
36-325. Death certificate registration; gender identity; moving human remains; immunity
A. Within seven calendar days after receiving possession of human remains, a funeral establishment or responsible person who takes possession of the human remains shall:
1. Obtain and complete the information, including the social security number of the decedent, on the death certificate required pursuant to this chapter and rules adopted pursuant to this chapter.
2. Provide on the death certificate the name and address of the person completing the death certificate.
3. Submit the death certificate for registration to a local registrar, a deputy local registrar or the state registrar. The funeral establishment or responsible person may submit the death certificate by electronic means in the format prescribed by the state registrar.
B. Within seventy‑two hours after receiving a death certificate pursuant to this section, a local registrar, a deputy local registrar or the state registrar shall register a the death certificate if it is accurate and complete and submitted pursuant to this chapter and rules adopted pursuant to this chapter.
C. If a county medical examiner or alternate medical examiner determines that the circumstances of a death provide jurisdiction pursuant to section 11‑593, subsection B, the medical examiner or alternate medical examiner shall complete and sign the medical certification of death on a death certificate within seventy‑two hours after the examination, excluding weekends and holidays. If the medical examiner or alternate medical examiner cannot determine the cause of death within that time, the medical examiner or alternate medical examiner shall enter "pending" for the cause of death and sign the medical certification of death within seventy-two hours after the examination, excluding weekends and holidays.
D. A local registrar, a deputy local registrar or the state registrar shall register a death certificate if there is a medical certification of death signed by the medical examiner or alternate medical examiner with a pending cause of death.
E. In any documentation of the DECEDENT's sex on the death certificate, the person completing the death certificate shall record the decedent's sex to reflect the decedent's gender identity. The person completing the death certificate shall report the decedent's gender identity unless the person completing the death certificate is presented with one or more documents that memorialize the decedent's gender transition. If such a document is provided, the person completing the death certificate shall record the decedent's sex as that corresponding to the decedent's gender identity as indicated in that document. If more than one document is presented and the documents conflict regarding the decedent's gender identity, the most recent document that memorializes the decedent's gender transition prevails.
F. If a document memorializing a gender transition is not presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to section 36‑831 disagrees with the decedent's gender identity reported by the person completing the death certificate, the decedent's gender identity recorded on the death certificate shall be as reported by the person or majority of persons with the right to control the disposition of the remains.
G. On being presented with a document memorializing a gender transition, a local registrar, a deputy local registrar or the state registrar shall amend the sex listed on a registered death certificate to reflect the decedent's gender identity. A document that memorializes a gender transition includes a court order approving a name or gender change, written instructions from the decedent, a health care directive, proof of clinical treatment for gender transition or documentation of a change to the gender marker on a birth certificate, driver license, social security record or passport.
E. H. Final disposition of human remains with a pending cause of death shall not occur until the medical examiner or alternate medical examiner releases the human remains for final disposition.
F. I. When the medical examiner or alternate medical examiner determines the cause of death, the medical examiner or alternate medical examiner shall submit the information to the local registrar, deputy local registrar or state registrar.
G. J. If a person under the current care of a health care provider for an acute or chronic medical condition dies of that condition, or complications associated with that condition, the health care provider or a health care provider designated by that provider shall complete and sign the medical certification of death on a death certificate within seventy‑two hours. If current care has not been provided, the medical examiner or alternate medical examiner shall complete and sign the medical certification of death on a death certificate within seventy-two hours after the examination, excluding weekends and holidays.
H. K. If a person dies in a hospital, nursing care institution or hospice inpatient facility of natural causes, the hospital, nursing care institution or facility shall designate a health care provider to complete and sign the medical certification of death within seventy-two hours.
I. L. If a person dies on an Indian reservation in this state and a county medical examiner or alternate medical examiner is not available, the tribal law enforcement authority, acting in an official investigative capacity, may complete and sign the medical certification of death.
J. M. If the place of death is unknown, the death is considered to have occurred in the place where the human remains were found.
K. N. If a person dies in a moving conveyance, the death is considered to have occurred in the place where the human remains were initially removed from the conveyance. In all other cases, the place where death is pronounced is considered the place where the death occurred.
L. O. The state registrar shall create and register a death certificate when the state registrar receives a court order of a presumptive death. The court order shall contain the following information, if known:
1. The decedent's name, social security number, date of birth, date of death, cause of death and location of death.
2. Any other information necessary to complete a death certificate for a presumptive death.
M. P. If a murder victim's body is not recovered, a conviction for the murder is proof of death. The court shall forward a record of the conviction to the state registrar. The state registrar shall obtain the personal data regarding the murder victim from information provided by the court, a family member of the murder victim or another reliable source and create and register the death certificate.
N. Q. A health care provider who completes and signs a medical certification of death in good faith pursuant to this section is not subject to civil liability or professional disciplinary action.