Connecticut Seal

Substitute House Bill No. 5628

Public Act No. 04-255

AN ACT CONCERNING FUNERAL DIRECTORS AND VITAL RECORDS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 7-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

Each registrar of vital statistics shall ascertain as accurately as the registrar can all marriages, deaths and fetal deaths, and all births, upon the affidavit of the father or mother, occurring in the registrar's town, and record the same in such form and with such particulars as are prescribed by the department. The registrar shall give licenses to marry, according to provisions of law, shall make and perfect all records of the birth and death of the persons born or deceased in the registrar's town, and, when any birth or death happens of which no certificate is returned to the registrar, shall obtain the information required by law respecting such birth or death. The registrar shall ensure that all certificates of birth, marriage, death and fetal death are fully completed before accepting the certificate for filing. The registrar shall include the Social Security numbers of both persons on all marriage licenses. The registrar shall make available to all persons in the registrar's town who, in the registrar's judgment, are likely to need them, blank forms for the certificates and returns required by law to be made to the registrar, and shall amend or correct certificates of births, marriages, deaths and fetal deaths that occurred in the registrar's town, and the records thereof, whenever the registrar discovers transcribing, typographical or clerical errors upon the face thereof. When the registrar makes a correction on a certificate of birth, marriage, death or fetal death, the registrar shall, within ten days, forward an authenticated copy of the corrected certificate to the department and any other registrar having a copy of the certificate. The registrar shall maintain sufficient documentation, as prescribed by the commissioner, to support such correction, and shall ensure the confidentiality of such documentation as required by law. The date of the correction and a summary description of the evidence submitted in support of the correction shall be made part of the record. The certificate shall not be marked "Amended" unless an amendment is made as provided in subdivision (10) of section 7-36, as amended. The registrar shall record on each certificate of birth, marriage, death or fetal death received for record the date of its receipt, by writing on the certificate or through electronic means. The registrar of vital statistics from the town where a child was born may electronically access birth data for such child to make corrections and amendments as requested by the parent or parents, the reporting hospital, or the department, excluding amendments regarding parentage and gender change. Amendments to vital records made by the registrar of vital statistics in the town of occurrence shall be made in accordance with section 19a-42, as amended. The registrar shall keep the records of the registrar's office, when a fireproof safe is not provided for the registrar's use, in the vaults provided for the land records of the town. The registrar may, with the approval of the department, store any records not in current use in a location other than the registrar's office or such vaults, provided such location shall be approved by the Public Records Administrator, and provided such location is within the limits of such town. The registrar shall, on or before the fifteenth day of each month, send to the commissioner an authenticated copy of each certificate of birth, marriage, death and fetal death received by the registrar for the calendar month next preceding or a notification that no such certificate has been received. Such notification shall be in a format prescribed by the department. Copies of certificates of births, marriages, deaths and fetal deaths, transmitted to the commissioner as required under this section, shall be plain, complete and legible transcripts of the certificates. If a transcript is illegible or incomplete, the commissioner shall require of the registrar a complete or legible copy. Each registrar of vital statistics shall also transmit to the registrars of voters for the registrar's town a notice of the death of any person seventeen years of age or older, at the same time the registrar transmits the authenticated copy of the certificate of death for such person to the commissioner under this section.

Sec. 2. Subsection (a) of section 7-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) When it appears from the certificate of a birth, marriage, death or fetal death filed with any registrar of vital statistics that the residence of the mother of the child or that of either of the parties to the marriage or that of the deceased was in some other town in this state [or a town in any other state where town officials retain custody of such certificates,] at the time of such birth, marriage, death or fetal death, such registrar shall at once transmit an authenticated copy of such certificate of birth, marriage, death or fetal death, including all information contained on such certificate, to the registrar of the town in which the mother of such child or either of the contracting parties to such marriage or such deceased resided at the time of such birth, marriage, death or fetal death. Such copy shall be in the format prescribed by the department. Any registrar of vital statistics of any town or city in this state, receiving such authenticated copy of a birth, marriage, death or fetal death certificate from a registrar of a town or city in this [or any other] state, shall record the same, but shall not transmit a copy thereof to the commissioner.

Sec. 3. Subsection (a) of section 7-48 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Not later than ten days after each live birth which occurs in this state, a birth certificate shall be filed with the registrar of vital statistics in the town in which the birth occurred and the certificate shall be registered if properly filed, by manual or electronic systems as prescribed by the commissioner. On and after January 1, 1994, each hospital with two hundred or more live births in calendar year 1990, or any subsequent calendar year, shall electronically transmit birth information data to the department in a computer format approved by the department. Each birth certificate shall contain such information as the department may require and shall be completed in its entirety. Medical and health information which is required by the department, including information regarding voluntary acknowledgments of paternity and whether the child was born out of wedlock, shall be recorded on a confidential portion of the certificate to be sent directly to the department. Such confidential records may be used for statistical and health purposes by the department or by a local director of health, as authorized by the department, for records related to the town served by the local director of health and where the mother was a resident at the time of the birth of the child. Such birth certificate and confidential records may be used internally by the hospital for records transmitted by the hospital for statistical, health and quality assurance purposes. The department shall give due consideration to national uniformity in vital statistics in prescribing the format and content of such certificate.

Sec. 4. Section 7-50 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) No certificate of birth shall contain any specific statement that the child was born in or out of wedlock or reference to illegitimacy of the child or to the marital status of the mother, except that information on whether the child was born in or out of wedlock and the marital status of the mother shall be recorded on a confidential portion of the certificate pursuant to section 7-48, as amended by this act. Upon the completion of an acknowledgment of paternity at a hospital, concurrent with the hospital's electronic transmission of birth data to the department, or at a town in the case of a home birth, concurrent with the registration of the birth data by the town, the acknowledgment shall be filed in the paternity registry maintained by the department, as required by section 19a-42a, as amended by this act, and the name of the father of a child born out of wedlock shall be entered in or upon the birth certificate or birth record of such child. All properly completed post birth acknowledgments or certified adjudications of paternity received by the department shall be filed in the paternity registry maintained by the department, and the name of the father of the child born out of wedlock shall be entered in or upon the birth record or certificate of such child by the department, if there is no paternity already recorded on the birth certificate. If another father's information is recorded on the certificate, the original father's information shall not be removed except upon receipt by the department of [an] a certified order by a court of competent jurisdiction in which there is a finding that the individual recorded on the birth certificate, specifically referenced by name, is not the child's father, or a finding that a different individual than the one recorded, specifically referenced by name, is the child's father. The name of the father on a birth certificate or birth record shall otherwise be removed or changed only upon the filing of a rescission in such registry, as provided in section 19a-42a, as amended by this act. The Social Security number of the father of a child born out of wedlock may be entered in or upon the birth certificate or birth record of such child if such disclosure is done in accordance with 5 USC 552a note.

(b) The department shall restrict access to and issuance of certified copies of acknowledgements of paternity as provided in section 19a-42a, as amended by this act.

Sec. 5. Section 7-62b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) A death certificate for each death which occurs in this state shall be completed in its entirety and filed with the registrar of vital statistics in the town in which the death occurred no later than five days after death if filing a paper certificate and no later than three days after death if filing through an electronic death registry system, in order to obtain a burial permit prior to final disposition. The death certificate shall be registered if properly filed. If the place of death is unknown but the body is found in this state, the death certificate shall be completed and filed in accordance with this section, provided the place where the body is found shall be shown as the place of death.

(b) The funeral director or embalmer licensed by the department, or the funeral director or embalmer licensed in another state and complying with the terms of a reciprocal agreement on file with the department, in charge of the burial of the deceased person shall complete the death certificate on a form provided by the department. [and shall file it] Said certificate shall be filed by a licensed embalmer or such embalmer's designee or a funeral director or such director's designee, in accordance with the provisions of this section, except when inquiry is required by the Chief Medical Examiner's Office, in which case the death certificate shall be filed in accordance with section 19a-409. The Social Security number of the deceased person shall be recorded on such certificate. Such licensed funeral director or licensed embalmer shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain a medical certification from the person responsible therefor, in accordance with the provisions of this section. Only a licensed embalmer may assume charge of the burial of a deceased person who [died from] had a communicable disease, as designated in the Public Health Code, at the time of death and such licensed embalmer shall file [the death certificate and a certificate] an affidavit, on a form provided by the department, signed and sworn to by such licensed embalmer [or another licensed embalmer] stating that the body has been disinfected in accordance with the Public Health Code.

(c) The medical certification portion of the death certificate shall be completed, signed and returned to the licensed funeral director or licensed embalmer [within] no later than twenty-four hours after death by the physician or advanced practice registered nurse in charge of the patient's care for the illness or condition which resulted in death. In the absence of such physician or advanced practice registered nurse, or with [his] the physician's or advanced practice registered nurse's approval, the medical certification may be completed and signed by [a designated] an associate physician, an advanced practice registered nurse, a physician assistant as provided in subsection (d) of section 20-12d, as amended by this act, a registered nurse as provided in section 20-101a, as amended by this act, the chief medical officer of the institution in which death occurred, or by the pathologist who performed an autopsy upon the decedent. No physician, advanced practice registered nurse, physician assistant, registered nurse, chief medical officer or pathologist shall sign and return the medical certification unless [he] such physician, advanced practice registered nurse, physician assistant, registered nurse, chief medical officer or pathologist has personally viewed and examined the body of the person to whom the medical certification relates and [has satisfied himself] is satisfied that at the time of the examination such person was in fact dead, except [that in the event a] in the event a medical certification is completed by a physician, advanced practice registered nurse, physician assistant, registered nurse, chief medical officer or pathologist other than the one who made the determination and pronouncement of death, [has been made by a registered nurse pursuant to section 20-101a, such] an additional viewing and examination of the body shall not be required. If a physician, advanced practice registered nurse, physician assistant, registered nurse, chief medical officer or pathologist refuses or otherwise fails to complete, sign and return the medical portion of the death certificate to the licensed funeral director or licensed embalmer within twenty-four hours after death, such licensed funeral director or embalmer may notify the Commissioner of Public Health of such refusal. The commissioner may, upon receipt of notification and investigation, assess a civil penalty against such physician, advanced practice registered nurse, physician assistant, registered nurse, chief medical officer or pathologist not to exceed two hundred fifty dollars. The medical certification shall state the cause of death, defined so that such death may be classified under the international list of causes of death, the duration of disease if known and such additional information as the Department of Public Health requires. The department shall give due consideration to national uniformity in vital statistics in prescribing the form and content of such information.

(d) If the cause of death cannot be determined within twenty-four hours after death and inquiry is not required by the Chief Medical Examiner, the medical certification may be completed in such manner as may be provided by regulation, adopted by the Commissioner of Public Health in accordance with chapter 54. The attending physician or advanced practice registered nurse shall give the licensed funeral director or licensed embalmer notice of the reason for the delay and final disposition of the body shall not be made until a signed medical certification is obtained from the attending physician or advanced practice registered nurse.

(e) When a death is presumed to have occurred within this state but the body cannot be located, a death certificate may be prepared by the Chief Medical Examiner upon receipt of an order of a court of competent jurisdiction, which shall include the finding of facts required to complete the death certificate. Such death certificate shall be filed with the Department of Public Health and marked "presumptive" and shall show on its face the date of filing and shall identify the court and the date of decree.

(f) The Commissioner of Public Health may by regulation, adopted in accordance with chapter 54, provide for the extension of time periods prescribed for the filing of death certificates in cases where compliance therewith would result in undue hardship.

Sec. 6. Section 7-64 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The body of each person who dies in this state shall be buried, removed or cremated within a reasonable time after death. The person to whom the custody and control of the remains of any deceased person are granted by law shall see that the certificate of death required by law has been completed and filed in accordance with section 7-62b, as amended by this act, prior to final disposition of the body. An authorization for final disposition issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state. The final disposition of a cremated body shall be recorded as the crematory. The provisions of this section shall not in any way impair the authority of directors of health in cases of death resulting from communicable diseases, nor conflict with any statutes regulating the delivery of bodies to any medical school, nor prevent the placing of any body temporarily in the receiving vault of any cemetery. The placing of any body in a family vault or tomb within any cemetery shall be deemed a burial under the provisions of this section. Any person who violates any provision of this section shall be fined not more than five hundred dollars or imprisoned not more than five years.

Sec. 7. Section 7-65 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

[No deceased person shall be buried in the town in which he dies until a burial permit, specifying] The embalmer or funeral director licensed by the department, or licensed in a state having a reciprocal agreement on file with the department and complying with the terms of such agreement, who assumes custody of a dead body shall obtain a burial transit removal permit from the registrar of the town in which the death occurred not later than five calendar days after death, and prior to final disposition or removal of the body from the state. The burial permit shall specify the place of burial [by section, lot or grave] or other place of interment and [stating] state that the death certificate and any other certificate required by law have been returned and recorded. [, has been issued by the registrar of vital statistics, and the registrar shall record the place of any burial other than a public cemetery. ] Such registrar shall appoint suitable persons as subregistrars, who shall be authorized to issue [burial permits based upon certificates as hereinbefore provided, and also to issue removal permits based upon certificates as provided in sections 7-68 and 7-69, in the same manner as is required of the registrar] a burial transit removal permit based upon receipt of a completed death certificate as provided in section 7-62b, as amended by this act, during the hours in which the registrar of vital records is closed. All such certificates upon which a permit is issued shall be forwarded to the registrar within seven days after receiving such certificates. The appointment of subregistrars shall be made in writing, with the approval of the selectmen of such town, and shall be made with reference to locality, to best accommodate the inhabitants of the town. Such subregistrars shall be sworn, and their term of office shall not extend beyond the term of office of the appointing registrar. The names of such subregistrars shall be reported to the Department of Public Health. The Chief Medical Examiner, Deputy Chief Medical Examiner and associate medical examiners shall be considered subregistrars of any town in which death occurs for the purpose of issuing burial permits and removal permits. The fee for such burial permit and burial transit removal permit shall be paid to the town in which the death occurred.

Sec. 8. Section 7-66 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

[The burial or removal permit required under the provisions of sections 7-65 and 7-67 to 7-70, inclusive, shall be required in each case mentioned in section 7-64 except that, in cases where any body is placed temporarily in the receiving vault of any cemetery and subsequently buried in the same cemetery, no additional burial permit shall be required for such subsequent burial, and except that, in disposing of the ashes of any body that has been cremated, either by burial or by placing such ashes in any cemetery vault, no additional burial permit shall be required. ]

The sexton of a cemetery shall specify on the burial permit the place of burial, by section, lot or grave, or other place of interment. No additional burial or burial transit removal permit shall be required for a body that is placed temporarily in a receiving vault of any cemetery and subsequently buried in the same cemetery. In each case herein provided for, the sexton of such cemetery shall endorse upon the [original] burial permit the date when the body was placed in the temporary receiving vault, [or when the ashes were buried or were placed in such vault,] and the date when and the place where such body was subsequently buried. [, or where such ashes were buried or placed; and he] The sexton shall also include a statement of the same in [his] the monthly returns to the registrar of vital statistics. If such subsequent burial is to be in any cemetery other than the cemetery where the body was temporarily deposited or if the body is to be cremated, the sexton shall return the burial permit [or transit permit] to the issuing registrar, who shall thereupon issue the necessary permits. Any person who violates any provision of this section shall be fined not more than five hundred dollars or imprisoned not more than five years.

Sec. 9. Section 7-68 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

On receipt by the registrar of vital statistics of any town of a certificate of death containing the facts required by section 7-65, as amended by this act, for a permit for burial, or when it appears that such certificate is already a matter of record, or that the original burial permit, by virtue of which the body of any deceased person was brought into such town, is on file or recorded in such registrar's office, the registrar, upon request, shall issue a permit for the disinterment or removal of such body to the responsible licensed funeral director or embalmer, as indicated on the death certificate or burial permit, or to an individual designated on an order from a judge of the Superior Court, as provided in section 19a-413, stating therein the locality of the interment, disinterment or removal; but no permit for the disinterment of the body of any deceased person shall be issued in any case where death was caused by a communicable disease, except by the permission and under the direction of the town director of health.

Sec. 10. Section 7-69 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

[Except as provided in section 7-70 no] No person except a licensed embalmer or funeral director licensed by the department, or licensed in a state having a reciprocal agreement on file with the department and complying with the terms of such agreement, shall remove the body of a deceased person, [from one town to another or into the limits of any town in this state unless a permit for such removal has been obtained, as provided by section 7-68, and no] except that once a dead body has been embalmed or prepared in accordance with the Public Health Code and applicable provisions of the general statutes, a licensed embalmer or funeral director may authorize an unlicensed employee to transport such body. No person except a licensed embalmer or funeral director licensed by the department, or licensed in a state having a reciprocal agreement on file with the department, shall remove the body of any deceased person from this state to another state [unless a death certificate signed by a person licensed by the department, or licensed in a state having a reciprocal agreement on file with the department and complying with the terms of such agreement, has been procured] until a burial transit removal permit has been issued in accordance with section 7-65, as amended by this act. No burial [or] transit removal permit shall be issued unless the death certificate has been signed by a licensed embalmer or funeral director licensed by the department, or licensed in a state having a reciprocal agreement on file with the department and complying with the terms of such agreement. [Any embalmer or funeral director licensed by the department, or licensed in a state having a reciprocal agreement on file with the department, may remove the body of any deceased person from or into the limits of any town in this state, provided there shall be attached to the coffin or case containing such body a written or printed permit, signed by the registrar of vital statistics in the town in which such person died, certifying the cause of death or disease of which such person died and the town in which such person is to be buried. The permit shall also certify that, when death was due to any communicable disease specified by the Public Health Code, the body has been] In the case of a deceased person who, at the time of death, had a communicable disease specified by the Public Health Code, the permit shall certify that the body was prepared in accordance with the regulations of the Public Health Code. Such permit shall be sufficient to permit the burial of such deceased person in any town in this state other than the town in which such person died, without a burial permit from the registrar of the town where such person is to be buried. If the body of a deceased person is brought into the state for burial and is accompanied by a burial transit removal permit issued by the legally constituted authorities of the state from which it was brought, such permit shall be received as sufficient authority for burial; but, if it is not accompanied by such permit, then the person or persons in charge of it shall apply for a burial permit to the registrar of vital statistics of the town in which it is to be buried, and such registrar shall issue such permit when furnished with such information as to the identity of the deceased and the cause of death as is required by section 7-62b, as amended by this act, concerning a person dying in this state. Any person who violates any provision of this section, or who knowingly signs a false permit or knowingly allows a false permit to be used in lieu of a permit required by this section, shall be fined not more than five hundred dollars or imprisoned not more than six months, or both.

Sec. 11. Section 7-72 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Each [person] sexton having charge of any burial place shall, during the first week of each month, return a list of all interments, disinterments and removals made by [him] such sexton during the month next preceding, with the dates thereof, to the registrar of the town and also, within said time, file with the registrar permits received by [him] such sexton by virtue of which a body has been brought into the town from another town or state for burial, with [his] such sexton's endorsement thereon showing when and in what cemeteries the interments took place. The registrar shall inscribe upon [the back of] each certificate and each permit so received the date of its reception and record such lists and permits in books to be furnished by the Department of Public Health. When a permit has been given for the disinterment and removal of a body, the registrar shall make a memorandum on [his] the registrar's records of such removal and the place to which such body was removed.

(b) Any sexton who fails to make the appropriate filing of reports as required by subsection (a) of this section by the end of the third week of a month to the registrar of the town, shall be subject to a fine of not more than one hundred dollars per day.

Sec. 12. Subsection (a) of section 7-73 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) To any person performing the duties required by the provisions of the general statutes relating to registration of births, marriages, deaths and fetal deaths, the following fees shall be allowed: (1) To the registrar for completing each record of birth by procuring and inserting the full name of the child, or for the recording, indexing, copying and endorsing of each birth, marriage, death or fetal death certificate, two dollars; (2) for the license to marry, ten dollars; and (3) for issuing each burial or burial transit removal permit, three dollars.

Sec. 13. Section 7-74 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The fee for a certification of birth registration shall be five dollars and the fee for a certified copy of a certificate of birth shall be five dollars, except that the fee for such certifications and copies when issued by the department shall be fifteen dollars. The fee for a certified copy of a certificate of marriage or death shall be five dollars. Such fees shall not be required of [any federal agency or] the department.

Sec. 14. Subsection (a) of section 19a-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) To protect the integrity and accuracy of vital records, a certificate registered under chapter 93 may be amended only in accordance with sections 19a-41 to 19a-45, inclusive, chapter 93, regulations adopted by the Commissioner of Public Health pursuant to chapter 54 and uniform procedures prescribed by the commissioner. Only the commissioner may amend birth certificates to reflect changes concerning parentage or gender change. Amendments related to parentage or gender change shall result in the creation of a replacement certificate that supersedes the original, and shall in no way reveal the original language changed by the amendment. Any amendment to a vital record made by the registrar of vital statistics of the town in which the vital event occurred or by the commissioner shall be in accordance with such regulations and uniform procedures.

Sec. 15. Subsection (d) of section 19a-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(d) (1) Upon receipt of (A) an acknowledgment of paternity executed in accordance with the provisions of subsection (a) of section 46b-172 by both parents of a child born out of wedlock, or (B) a certified copy of an order of a court of competent jurisdiction establishing the paternity of a child born out of wedlock, the commissioner shall include on or amend, as appropriate, such child's birth certificate to show such paternity if paternity is not already shown on such birth certificate [or to change the name of the child or both. If another father is listed on the birth certificate, the department shall not remove or replace the father's information unless presented with a court order that meets the requirements specified in section 7-50. Birth certificates amended under this subsection shall not be marked "Amended"] and to change the name of the child if so indicated on the acknowledgment of paternity form or within the certified court order as part of the paternity action.

(2) If another father is listed on the birth certificate, the commissioner shall not remove or replace the father's information unless presented with a certified court order that meets the requirements specified in section 7-50, as amended by this act, or upon the proper filing of a rescission, in accordance with the provisions of section 46b-172. The commissioner shall thereafter amend such child's birth certificate to remove or change the father's name and to change the name of the child, as requested at the time of the filing of a rescission, in accordance with the provisions of section [7-50] 46b-172. Birth certificates amended under this subsection shall not be marked "Amended".

(3) A fee of twenty-five dollars shall be charged by the department for each amendment to a birth certificate requested pursuant to this subsection which request is not received from a hospital, a state agency or a court of competent jurisdiction.

Sec. 16. Section 19a-42a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) All (1) voluntary acknowledgments of paternity and rescissions of such acknowledgments executed in accordance with subsection (a) of section 46b-172, and (2) adjudications of paternity issued by a court or family support magistrate under section 46b-171, section 46b-172a or any other provision of the general statutes shall be filed in the paternity registry maintained by the Department of Public Health. All information in such registry shall be made available to the IV-D agency, as defined in subdivision (12) of subsection (b) of section 46b-231, as amended, for comparison with information in the state case registry established under subsection (l) of section 17b-179, as amended.

(b) Except for the IV-D agency, as provided in subsection (a) of this section, the department shall restrict access to and issuance of certified copies of acknowledgements of paternity to the following parties: (1) Parents named on the acknowledgment of paternity; (2) the person whose birth is acknowledged, if such person is over eighteen years of age; (3) an authorized representative of the Department of Social Services; (4) an attorney representing such person or a parent named on the acknowledgment; or (5) agents of a state or federal agency, as approved by the department.

Sec. 17. Section 19a-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the Commissioner of Public Health [is] and the local registrars of vital records are hereby authorized to match birth and death certificates and to post the facts of death to the appropriate birth certificate. Copies issued from birth certificates marked deceased shall be similarly marked.

Sec. 18. Section 19a-270 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The first selectman of any town, the mayor of any city, the administrative head of any state correctional institution or the superintendent or person in charge of any almshouse, asylum, hospital, morgue or other public institution which is supported, in whole or in part, at public expense, having in his possession or control the dead body of any person which, if not claimed as hereinafter provided, would have to be buried at public expense, or at the expense of any such institution, shall, immediately upon the death of such person, notify his relatives thereof, if known, and, if such relatives are not known, shall notify the person or persons bringing or committing him to such institution. Such official shall, within twenty-four hours from the time such body came into his possession or control, give notice thereof to the Department of Public Health and shall deliver such body to The University of Connecticut, the Yale University School of Medicine or the University of Bridgeport College of Chiropractic or its successor institution, as said department may direct and in accordance with an agreement to be made among said universities in such manner as is directed by said department and at the expense of the university receiving the body, if The University of Connecticut, Yale University, or the University of Bridgeport College of Chiropractic or its successor institution, at any time within one year, has given notice to any of such officials that such bodies would be needed for the purposes specified in section 19a-270b; provided any such body shall not have been claimed by a relative, either by blood or marriage, or a legal representative of such deceased person prior to delivery to any of said universities. The university receiving such body shall not embalm such body for a period of at least forty-eight hours after death, and any relative, either by blood or marriage, or a legal representative of such deceased person may claim such body during said period. If any such body is not disposed of in either manner herein specified, it may be cremated or buried. When any person has in his possession or control the dead body of any person which would have to be buried at public expense or at the expense of any such institution, he shall, within forty-eight hours after such body has come into his possession or control, file, with the registrar of the town within which such death occurred, a certificate of death as provided in section 7-62b, as amended by this act, unless such certificate has been filed by a funeral director. Before any such body is removed to any of said universities, the official or person contemplating such removal shall secure a [burial or transit] burial transit removal permit which shall be delivered with the body to the official in charge of such university, who shall make return of such [burial or transit] burial transit removal permit in the manner provided in section 7-72, as amended by this act. [; except that any such body removed to such university under the provisions of section 7-70 shall not be required to be returned to the town where death occurred, provided the permit for permanent removal as required under the provisions of section 7-69 shall be secured as soon as practicable after such removal. ]

Sec. 19. Section 19a-322 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The managers of each crematory shall keep books of record, which shall be open at reasonable times for inspection, in which shall be entered the name, age, sex and residence of each person whose body is cremated, together with the authority for such cremation and the disposition of the ashes. The owner or superintendent shall [immediately forward to the registrar by whom the permit required by section 19a-323 was issued a certified duplicate of such record, which duplicate the] complete the cremation permit required by section 19a-323, as amended by this act, retain a copy for record and immediately forward the original permit to the registrar of the town in which the death occurred. The registrar shall keep the cremation permit on file and record it with other vital statistics. When any body is removed from this state for the purpose of cremation, the person having the legal custody and control of such body shall cause a certificate to be procured from the person in charge of the crematory in which such body is incinerated, stating the facts called for in this section, and cause such certificate to be filed for record with the registrar [by whom the permit was issued] of the town in which the death occurred.

Sec. 20. Section 19a-323 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

The body of any deceased person may be disposed of by incineration or cremation in this state or may be removed from the state for such purpose. If death occurred in this state, the death certificate required by law shall be filed with the registrar of vital statistics for the town in which such person died, if known, or, if not known, for the town in which the body was found. [, and a cremation certificate from the] The Chief Medical Examiner, Deputy Chief Medical Examiner, associate medical examiner, or an authorized assistant medical examiner shall complete the cremation certificate, stating that [he] such medical examiner has made inquiry into the cause and manner of death and is of the opinion that no further examination or judicial inquiry is necessary. [,] The cremation certificate shall be [filed with] submitted to the registrar of vital statistics of the town in which such person died, if known, or, if not known, of the town in which the body was found, or with the registrar of vital statistics of the town in which the funeral director having charge of the body is located. Upon receipt of the cremation certificate, the registrar shall authorize the cremation certificate, keep it on permanent record, and issue a cremation permit, except that if the cremation certificate is submitted to the registrar of the town where the funeral director is located, such certificate shall be forwarded to the registrar of the town where the person died to be kept on permanent record. The estate of the deceased person, if any, shall pay the sum of forty dollars for the issuance of the cremation certificate or an amount equivalent to the compensation then being paid by the state to authorized assistant medical examiners, if greater. [Upon receiving such certificate, the registrar shall issue a permit for the cremation of such body; except that no such] No cremation certificate shall be required for a permit to cremate the remains of bodies pursuant to section 19a-270a. [and except that, when] When the cremation certificate is issued in a town other than that where the person died, the registrar of vital statistics for such other town shall ascertain from the original burial transit removal permit that the certificates required by the state statutes have been received and recorded, that the body has been prepared in accordance with the Public Health Code and that the entry regarding the place of disposal is correct. Whenever the registrar finds that the place of disposal is incorrect, [he] the registrar shall issue a corrected burial transit removal permit and, after inscribing and recording the original permit in the manner prescribed for sextons' reports under section 7-72, as amended by this act, shall then immediately give written notice to the registrar for the town where the death occurred of the change in place of disposal stating the name and place of the crematory and the date of cremation. Such written notice shall be sufficient authorization to correct these items on the original certificate of death. No body shall be cremated until at least forty-eight hours after death, unless such death was the result of communicable disease, and no body shall be received by any crematory unless accompanied by the permit provided for in this section. The fee for a cremation permit shall be three dollars and for the written notice one dollar. The Department of Public Health shall provide forms for such permits, which shall not be the same as for regular burial permits, and such blanks and books as may be required by the registrars.

Sec. 21. Subsection (d) of section 20-12d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(d) A physician assistant licensed under this chapter may make the actual determination and pronouncement of death of a patient, provided: (1) The death is an anticipated death; (2) the physician assistant attests to such pronouncement on the certificate of death; and (3) the physician assistant or a physician licensed by the state of Connecticut certifies the death and signs the certificate of death [within] no later than twenty-four hours [of] after the pronouncement. [by the physician assistant. ]

Sec. 22. Subsection (b) of section 20-87a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) Advanced nursing practice is defined as the performance of advanced level nursing practice activities that, by virtue of postbasic specialized education and experience, are appropriate to and may be performed by an advanced practice registered nurse. The advanced practice registered nurse performs acts of diagnosis and treatment of alterations in health status, as described in subsection (a) of this section, and shall collaborate with a physician licensed to practice medicine in this state. If practicing in (1) an institution licensed pursuant to subsection (a) of section 19a-491, as amended, as a hospital, residential care home, health care facility for the handicapped, nursing home, rest home, mental health facility, substance abuse treatment facility, infirmary operated by an educational institution for the care of students enrolled in, and faculty and staff of, such institution, or facility operated and maintained by any state agency and providing services for the prevention, diagnosis and treatment or care of human health conditions, or (2) an industrial health facility licensed pursuant to subsection (h) of section 31-374 which serves at least two thousand employees, or (3) a clinic operated by a state agency, municipality, or private nonprofit corporation, or (4) a clinic operated by any educational institution prescribed by regulations adopted pursuant to section 20-99a, the advanced practice registered nurse may, in collaboration with a physician licensed to practice medicine in this state, prescribe, dispense, and administer medical therapeutics and corrective measures. In all other settings, the advanced practice registered nurse may, in collaboration with a physician licensed to practice medicine in the state, prescribe and administer medical therapeutics and corrective measures and may dispense drugs in the form of professional samples in accordance with sections 20-14c to 20-14e, inclusive, except that an advanced practice registered nurse licensed pursuant to section 20-94a and maintaining current certification from the American Association of Nurse Anesthetists who is prescribing and administrating medical therapeutics during surgery may only do so if the physician who is medically directing the prescriptive activity is physically present in the institution, clinic or other setting where the surgery is being performed. For purposes of this subsection, "collaboration" means a mutually agreed upon relationship between an advanced practice registered nurse and a physician who is educated, trained or has relevant experience that is related to the work of such advanced practice registered nurse. The collaboration shall address a reasonable and appropriate level of consultation and referral, coverage for the patient in the absence of the advanced practice registered nurse, a method to review patient outcomes and a method of disclosure of the relationship to the patient. Relative to the exercise of prescriptive authority, the collaboration between an advanced practice registered nurse and a physician shall be in writing and shall address the level of schedule II and III controlled substances that the advanced practice registered nurse may prescribe and provide a method to review patient outcomes, including, but not limited to, the review of medical therapeutics, corrective measures, laboratory tests and other diagnostic procedures that the advanced practice registered nurse may prescribe, dispense and administer. An advanced practice registered nurse licensed under the provisions of this chapter may make the determination and pronouncement of death of a patient, provided the advanced practice registered nurse attests to such pronouncement on the certificate of death and signs the certificate of death no later than twenty-four hours after the pronouncement.

Sec. 23. Section 20-101a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) A registered nurse, licensed under this chapter, in charge in a hospice or nursing home facility as defined in section 19a-521, or a registered nurse, licensed under this chapter or a registered nurse employed by a home health care agency licensed by the state of Connecticut, in a home or residence may make the actual determination and pronouncement of death of a patient provided that the following conditions are satisfied: (1) The death is an anticipated death; (2) the registered nurse attests to such pronouncement on the certificate of death; and (3) the registered nurse, an advanced practice registered nurse licensed under chapter 378, or a physician licensed [by the state of Connecticut] under chapter 370 certifies the death and signs the certificate of death [within] no later than twenty-four hours [of] after the pronouncement. [by the registered nurse. ]

(b) The Department of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, to establish the procedures for the implementation of this section. [The department shall be required to notify all persons affected by such implementation, including, but not limited to, hospices, nursing home facilities, physicians, home health care agencies, emergency medical technicians, funeral directors and medical examiners. ]

Sec. 24. Section 20-212 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

No person, except a licensed embalmer, shall inject any fluid or substance into any dead human body, except that a registered student embalmer may, even if not in the presence of a licensed embalmer, make such injection or perform any other act under his instruction; and no person, firm or corporation shall enter, engage in, carry on or manage for another the business of caring for, preserving or disposing of dead human bodies until each person, firm or corporation so engaged has obtained from the Department of Public Health and holds a license as provided in this chapter; nor shall any person be employed to remove a dead human body, except a licensed embalmer, a registered student embalmer, a licensed funeral director, or a person authorized in each instance by the Chief Medical Examiner, Deputy Medical Examiner or assistant medical examiner incidental to examining the body of a deceased person, except that once a dead human body has been prepared in accordance with the Public Health Code and the applicable provisions of the general statutes, an embalmer or funeral director licensed in this state may authorize [a nonlicensed] an unlicensed employee to [remove] transport such body. [Nothing in this section shall be construed to affect any provision of section 7-70. ] Nothing in this section shall be construed to prohibit any person licensed as an embalmer or as a funeral director under the laws of another state from bringing into or removing from this state a dead human body, provided any and all other laws of this state relative to such body have been complied with.

Sec. 25. Section 20-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

No licensed embalmer shall sign [a certificate] an affidavit attesting the preparation or embalming of any body unless such body has been prepared or embalmed by him, or by a registered student embalmer under his personal supervision.

Sec. 26. Section 46b-25 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

No license may be issued by the registrar until both persons have appeared before the registrar and made application for a license. The license shall be completed in its entirety, dated, signed and sworn to by each applicant and shall state each applicant's name, age, race, birthplace, residence, whether single, widowed or divorced and whether under the supervision or control of a conservator or guardian. The Social Security numbers of the bride and the groom shall be recorded in the "administrative purposes" section of the license. If the license is signed and sworn to by the applicants on different dates, the earlier date shall be deemed the date of application.

Sec. 27. Subsection (a) of section 46b-34 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Each person who joins any person in marriage shall certify upon the license certificate the fact, time and place of the marriage, and return it to the registrar of the town where [it was issued] the marriage took place, before or during the first week of the month following the marriage. Any person who fails to do so shall be fined not more than ten dollars.

Sec. 28. Section 7-48a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

On and after January 1, 2002, each birth certificate shall contain the name of the birth mother, except by the order of a court of competent jurisdiction, and be filed with the name of the birth mother recorded. Not later than forty-five days after receipt of an order from a court of competent jurisdiction, the Department of Public Health shall create a replacement certificate in accordance with the court's order. Such replacement certificate shall include all information required to be included in a certificate of birth of this state as of the date of the birth. When a certified copy of such certificate of birth is requested by an eligible party, as provided in section 7-51, a copy of the replacement certificate shall be provided. The department shall seal the original certificate of birth in accordance with the provisions of subsection (c) of section 19a-42. Immediately after a replacement certificate has been prepared, the department shall transmit an exact copy of such certificate to the registrar of vital statistics of the town of birth and to any other registrar as the department deems appropriate. The town shall proceed in accordance with the provisions of section 19a-42.

Sec. 29. (Effective October 1, 2004) Sections 7-70 and 46b-32 of the general statutes, as amended, are repealed.

Approved on June 14, 2004