Bill Text: NH SB146 | 2025 | Regular Session | Introduced
Bill Title: Relative to medical examiner's certificates and medical certification of the death record.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced) 2025-01-29 - Hearing: 02/06/2025, Room 100, State House, 01:00 pm; Senate Calendar 8 [SB146 Detail]
Download: New_Hampshire-2025-SB146-Introduced.html
SB 146-FN - AS INTRODUCED
2025 SESSION
25-1140
09/08
SENATE BILL 146-FN
AN ACT relative to medical examiner's certificates and medical certification of the death record.
SPONSORS: Sen. Prentiss, Dist 5; Sen. Fenton, Dist 10; Sen. Perkins Kwoka, Dist 21; Sen. Watters, Dist 4; Sen. Long, Dist 20; Sen. Birdsell, Dist 19; Sen. Rosenwald, Dist 13
COMMITTEE: Judiciary
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ANALYSIS
This bill amends requirements for viewing of a deceased body in regard to medical examiner's certificates and medical certification of the death record.
This bill is a request of the department of justice and the office of the chief medical examiner.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-1140
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to medical examiner's certificates and medical certification of the death record.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Cremation of Human Remains; Medical Examiner's Certificate. Amend RSA 325-A:18, I to read as follows:
I. The body of a deceased person shall not be cremated within 48 hours after his or her decease unless he or she died of a contagious or infectious disease. If the death occurred within the state, the body shall not be cremated by the crematory authority until the crematory authority has received the certificate of burial permit required by law before burial, and a certificate from a medical examiner that he or she has [viewed the body and] made personal inquiry into the cause and manner of death, and is of the opinion that no further examination or judicial inquiry concerning the same is necessary. If the death occurred within the state but the body is being transferred out of state for cremation, the transfer shall not occur until the medical examiner has conducted such [a view and] an inquiry and has issued a certificate. If the death occurs without the state, the reception and cremation of the body of a deceased person shall be governed by rules adopted by the board after consultation with the chief medical examiner.
2 Death Registration Forms and Procedures; Cremation. Amend RSA 5-C:71, I to read as follows:
I. When the body of a deceased person is to be disposed of by cremation, the crematory operator, the funeral director, next of kin, or designated agent in charge of the final disposition arrangements shall present a copy of the death certificate and the burial permit or emergency burial permit [with the body] to a medical examiner in order to obtain the medical examiner's certificate.
3 Death Registration Forms and Procedures; Medical Certification of the Death Record. Amend RSA 5-C:64, VI to read as follows:
VI. In the absence of the deceased's attending physician, APRN, or physician assistant or with the attending physician's, APRN's, or physician assistant's approval, the medical certification of a death due to natural causes shall be completed by one of the following individuals: the attending physician's, APRN's, or physician assistant's associate physician, APRN in medical practice, or physician assistant, the chairperson of the applicable clinical department, the chief medical officer of the hospital, the physician, APRN, or physician assistant or designee who performed an autopsy upon the decedent, or the physician, APRN, or physician assistant on duty if the death occurred in the hospital emergency room. The person determining the cause of death shall attest to its accuracy. [The person determining the cause of death shall have viewed the deceased within 24 hours after death.]
4 Effective Date. This act shall take effect 60 days after its passage.
25-1140
1/15/25
SB 146-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to medical examiner's certificates and medical certification of the death record.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | Indeterminable Decrease ($100,000 to $500,000) | Indeterminable Decrease ($100,000 to $500,000) | Indeterminable Decrease ($100,000 to $500,000) | ||
Funding Source(s) | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill modifies cremation and death certification procedures in New Hampshire. It establishes requirements for medical examiners to conduct inquiries and issue certificates before cremation, adjusts documentation protocols for cremation, and removes the requirement for the certifying individual to have viewed the deceased within 24 hours of death.
The Department of Justice states this bill will reduce General Fund expenditures by an estimated $100,000 to $500,000 or less, per year, due to reduced travel reimbursement. These travel expenditure reductions are due to the requirement to no longer perform body views where available medical evidence suggests no reason to delay a cremation.
AGENCIES CONTACTED:
Department of Justice
