Relative to medical examiner's certificates and medical certification of the death record.
Summary
SB 146 revises New Hampshire procedures for cremation and death certification. The bill removes the statutory requirement that a medical examiner personally view the deceased body before issuing a medical examiner’s certificate in cremation cases, replacing that requirement with a personal inquiry into the cause and manner of death and a determination that no further examination or judicial inquiry is needed. It also updates the paperwork process for cremation by requiring presentation of the death certificate and burial permit, or emergency burial permit, to a medical examiner to obtain the certificate.
The bill also changes who may complete medical certification of a death record when the attending clinician is unavailable or approves another certifier. In those cases, the certification may be completed by specified hospital or practice colleagues, department leadership, the chief medical officer, the clinician who performed an autopsy, or the emergency room clinician on duty. The bill removes the existing requirement that the person determining cause of death must have viewed the deceased within 24 hours after death. The act takes effect 60 days after passage.
Impact
SB 146 amends RSA 325-A:18 and RSA 5-C:64 and 5-C:71, changing the legal standards for cremation authorization and death record certification in New Hampshire. It reduces the mandatory physical-view requirement for medical examiners and eliminates the 24-hour viewing requirement for certain death certifiers, while preserving the need for a medical examiner’s certificate and proper death documentation before cremation. According to the fiscal note, the change is expected to reduce General Fund expenditures by lowering travel reimbursement costs associated with body views, with estimated annual savings of roughly $100,000 to $500,000 or less.
Sentiment
The bill appears to have been generally favorable and administrative in nature, as reflected by its introduction as a request of the Department of Justice and the Office of the Chief Medical Examiner and its adoption by both bodies. The available materials do not show recorded opposition, committee debate, or roll-call votes, but the fiscal note suggests the measure was viewed as a practical efficiency change intended to streamline procedures and reduce costs.
Contention
The main policy issue is whether a medical examiner should be required to physically view the body before authorizing cremation or whether a personal inquiry based on available medical evidence is sufficient. Supporters, including the Department of Justice and chief medical examiner’s office, appear to favor the change as a way to avoid unnecessary travel and delay when the cause and manner of death are already clear. Any concern would likely come from those who prefer the added safeguard of a mandatory body view to ensure thorough review before cremation and death certification, but no specific opposition is documented in the provided materials.