HB 1435 Establishes the "Jayke Minor Act" and modifies provisions regarding the death registration process and the right of sepulcher

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 1435 - This act establishes the "Jayke Minor Act" and modifies provisions regarding the death registration process and the right of sepulcher.

CORONER STANDARDS AND TRAINING COMMISSION (Section 58.035)

This act establishes the Coroner Standards and Training Commission which shall establish training standards relating to the operation, responsibilities and technical skills of the office of county coroner. The membership of the Commission is set forth in the act. The Commission shall establish training standards relating to the office of county coroner and shall issue a report on such standards.

COUNTY CORONER SALARY (Section 58.095)

Currently, $1,000 of a county coroner's salary shall only be payable if he or she completes at least 20 hours of classroom instruction each year relating to the operations of the coroner's office when approved by a professional association of county coroners of Missouri. This act provides that the Coroners Standards and Training Commission shall establish and certify such training programs and their completion shall be submitted to the Missouri Coroners' and Medical Examiners' Association. Upon the Association's validation of certified training, it shall then submit the individual's name to the county treasurer and Department of Health and Senior Services indicating his or her compliance.

MISSOURI STATE CORONERS' TRAINING FUND (Section 58.208)

This act creates the Missouri State Coroners' Training Fund. For any death certificate issued, there shall be a fee of one dollar deposited into the fund which shall be used by the Missouri Coroners' and Medical Examiners' Association for the purpose of in-state training, equipment, and necessary supplies, and to provide aid to training programs approved by the Missouri Coroners' and Medical Examiners' Association. This fee shall be imposed and collected in addition to all other fees already being imposed and collected on the issuance of death certificates, resulting in the current total fee of thirteen dollars being increased to fourteen dollars. Also, during states of emergency or disasters, local registrars may request reimbursement from the fund for copies of death certificates issued to individuals who are unable to afford the associated fees.

DEATHS OCCURRING IN HOSPICE (Section 58.451)

When a death occurs under the care of a hospice, no investigation shall be required, under this act, if the death is certified by the treating physician of the deceased or the medical director of the hospice as a named death due to disease or diagnosed illness. The hospice must give written notice to the coroner or medical examiner within twenty-four hours of the death.

The act specifies that, if a coroner is not current on his or her training, the Department may prohibit that coroner from signing any death certificates. In the event a coroner is unable to sign a death certificate, the county sheriff will appoint a medical professional to attest death certificates until the coroner can resume signing them or until another coroner is appointed or elected.

These provisions are substantially similar to SCS/SB 34 (2019), HCS/HB 242 (2019), and similar to SCS/HCS/HB 447 (2019), SCS/HCS/HB 2079 (2018), and SB 1020 (2018).

ELECTRONIC DEATH CERTIFICATE SYSTEM (Section 193.145)

Under current law, the medical certification from a medical provider is entered into the electronic death registration system. This act requires an attestation from the medical provider who completed the medical certification to be entered into the system as well.

Additionally, if a coroner or deputy coroner does not have or is not current with the Coroner Standards and Training Commission training he or she is prohibited from attesting to the accuracy of the death certificate. No person elected or appointed to the office of coroner shall assume the position until the training has been completed. If a coroner is not qualified to attest to the accuracy of a death certificate, the sheriff shall appoint a medical professional to do so until the coroner is qualified.

This act repeals a provision allowing the State Registrar to adopt pilot programs or voluntary electronic death registration programs until an electronic death registration system is certified. Additionally, this act repeals a provision requiring the Division of Community and Public Health within the Department of Health and Senior Services to create a working group for the purposes of evaluating the electronic vital records system and to submit a report on findings to the General Assembly by January 1, 2016.

FEES FOR CERTIFICATION (Section 193.265)

This act modifies the fee for the certification of a death record from $13 to $14 for the first certification and from $10 to $11 for each additional copy. One dollar from the fee shall be deposited into the Missouri State Coroners' Training Fund.

Additionally, if the State Registrar determines that information on a document or record filed with or submitted to a local registrar is incomplete, the State Registrar shall return the records or documents with the incomplete information to the local registrar for correction by the data provider, funeral director, or person in charge of the final disposition.

RIGHT OF SEPULCHER (Section 194.119)

Current law provides a list, in the order of priority, of next-of-kin who have the right to control the disposition of a dead human body. This act provides that the surviving spouse shall not be considered as next-of-kin if an action for dissolution of marriage has been filed and is pending in a court of competent jurisdiction. Additionally, the next-of-kin of a deceased person may delegate the final disposition of the deceased to an agent through a power of attorney.

Under this act, an individual with a superior claim to the disposition of the deceased may be notified in person or by written notice with delivery confirmation, rather than "personally served with written notice" by a person with an inferior claim who has the desire to exercise the right to control the final disposition of the deceased.

These provisions are similar to SB 598 (2020), SB 282 (2019), SCS/HCS/HB 447 (2019), HB 461 (2019), SCS/HCS/HB 1597 (2018), and provisions in HB 909 (2017).

MARY GRACE BRUNTRAGER


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