Current through 2024 Legislative Session Act Chapter 531
Section 3123 - Registration of death.(a) A certificate of death for each death which occurs in this State shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 3 days after death, or as soon as possible after a death under subsections (e) and (f) of this section, and prior to final disposition of the dead body, and shall be registered if it has been completed and filed in accordance with this section.(c) When no official death investigation is required, the medical certification shall be completed, signed and returned to the funeral director within 48 hours after death, or as soon as possible after a death under subsections (e) and (f) of this section, by the attending physician; or a registered nurse or an advanced practice registered nurse (APRN) acting in accordance with § 1902(aa) of Title 24. In the absence of the attending physician, the certificate may be completed and signed by the attending physician's designated physician or the chief medical officer of the institution in which death occurred if such individual has knowledge about the medical history of the case.(d) When an official death investigation is required pursuant to § 4706(a) of Title 29, the medical examiner shall assume custody of the dead body, determine the manner and cause of death and shall complete and sign the certificate of death and shall file the certificate of death with the Office of Vital Statistics.(e) If the cause of death cannot be determined within 48 hours after death, the attending physician or medical examiner shall file with the Office of Vital Statistics a pending certificate of death and a toxicology study shall be performed. If a cause of death cannot be determined after the toxicology study is performed, the remains and all reports or studies shall be turned over to the Division of Forensic Science for review. When the cause of death is determined a revised certificate of death shall be issued and presented to the funeral director or the funeral director's agent, who in turn shall file the certificate with the Office of Vital Statistics.(g) One of the following individuals shall pronounce a death: (1) The attending physician.(2) The medical examiner.(3) A registered nurse or an advanced practice registered nurse (APRN) acting in accordance with § 1902(aa) of Title 24.(4) The medical control physician under § 1760(b) of Title 24.(h) All medical certifications of death, required pursuant to subsections (c)-(e) of this section shall be electronically prepared, certified and signed by one of the individuals designated in subsection 3123(g) of this section.(i) All certificates of death shall be electronically filed with the Delaware Vital Events Registration System (DelVERS).Amended by Laws 2019, ch. 268,s 2, eff. 7/23/2020.Amended by Laws 2017, ch. 123,s 4, eff. 3/18/2018.Amended by Laws 2013, ch. 265,s 14, eff. 7/4/2014.25 Del. Laws, c. 66, § 3; 27 Del. Laws, c. 84, § 7; 27 Del. Laws, c. 85, § 13; Code 1915, § 804; 35 Del. Laws, c. 55; Code 1935, § 787; 44 Del. Laws, c. 69, § 1; 48 Del. Laws, c. 319, § 1; 16 Del. C. 1953, § 3125; 52 Del. Laws, c. 88, § 2; 68 Del. Laws, c. 274, § 1; 69 Del. Laws, c. 146, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 320, § 1.;