Vital Legal Documents

Vital Legal Documents

Vital Legal Documents

Vital Legal Documents

The National Conference of Commissioners on Uniform State Laws in 1942 approved a Uniform Vital Statistics Act which it suggested for adoption by the several states. The Conference had been working in this area since 1917, and the 1942 draft of the Uniform Act represents the mature and deliberate thinking of leading authorities in this area of law. The Uniform Act had been adopted by twelve states as of Nov. 1, 1964, and other states have been influenced in their legislation by the Uniform Act provisions. Some states which have the Uniform Act have made variations in its provisions. The twelve states having the Uniform Act at present are: Alaska, Hawaii, Idaho, Kansas, Louisiana, Minnesota, Mis souri, Montana, Oklahoma, Oregon, Tennessee, and Wyo ming. The statute of Kansas, which has only one significantvariation from the Uniform Act, is taken here as typical. Insofar as its provisions relate to the law of death, they are outlined here.

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After providing a set of definitions, including those for "vital statistics," "dead body," and "person in charge of inter ment," the act proceeds to prescribe the duties of the state board of health, which include the setting-up of a statewide system of vital statistics and preserving its records. The board is further empowered to prescribe instructions and regulations. The state is divided into registration districts, a state registrar of vital statistics is provided for, and his duties are set forth. The state registrar appoints local registrars and other employees. The death certificate provision requires the filing of a death or stillbirth certificate with the local registrar within three days after death and prior to removal of the body from the state.

If the place of death is unknown, the certificate is filed in the district in which the body is found within three days of such finding; likewise if death occurs in a moving conveyance, a death certificate is filed in the district where removal from the conveyance takes place. The funeral direc tor "or person acting as such" files the certificate. The personal date is obtained from the best qualified source available and the cause of death is medically certified by the physician last in attendance prior to burial. In every instance the statute requires the filing of a certificate of death before interment or disposal of the body. If the cause of death cannot be determined within three days after death, a delayed certification of the cause may be filed, but the physician or coro ner must give the registrar written notices of the reason for the delay, so that a permit for the disposition of the body may be issued.

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