10- 146 C.M.R. ch. 5, § 4

Current through 2024-25, June 19, 2024
Section 146-5-4 - Certifying Physician
A. The certifying physician, except in a medical examiner case, must be licensed or authorized to practice in the State of Maine.
B. The certifying physician must have attended the deceased before death, although not necessarily for the illness or condition which resulted in death, except when the death falls under the jurisdiction of the medical examiner as specified in M.R.S.A., Title 22, Sec. 3025.
C. In the absence of said physician or with his or her approval, the death certificate may be completed and signed by a physician associated with the attending physician in practice or covering for him/her during his/her absence, by a physician designated for this purpose by the attending physician, or by the chief medical officer of the institution in which death occurred or was pronounced, providing such individual has access to the recent medical history of the case and death is due to natural causes. If other than the attending physician certifies, he/she must note that fact upon the death certificate.
D. The cause of death certified need not be a condition for which the patient was specifically treated by the attending physician, so long as it is reasonable and consistent with the general state of health of the patient and circumstances surrounding death.
E. The certifying physician shall examine the body prior to completing the medical certification if the decedent was a resident of a nursing home licensed under section 1817 at the time death unless:
1. The attending physician or another physician designated by him/her had examined the patient within 48 hours prior to death, or
2. The attending physician or another physician designated by him/her had examined the patient within two weeks prior to death in the case of a terminally ill patient.
F. The certifying physician shall notify the funeral director or other authorized person in charge of the disposition of a dead human body in cases when the body has been diagnosed as having a communicable disease, as defined by the rules and regulations of the Department, whether or not this disease is certified as the cause(s) of death. Such notification shall occur at the time the dead body is released into the custody of the funeral director or other authorized person, by attaching, in a clearly visible location, a notice which states the following:

This body contains an infectious agent.

Observe required precautions.

10- 146 C.M.R. ch. 5, § 4