Death Certificates & Permits for Disposition of Human Remains

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Death Certificates and Permits for
Disposition of Human Remains
Timely registration of deaths and permits for disposition is an important part of mass fatality
management. The agency in charge of this function, which is part of a state’s vital records
system, has an important role in your jurisdiction’s mass fatality response because all deaths are
registered in the jurisdiction in which they occur and permits are required for disposition of
human remains.
Overview of Section
This section identifies the purpose of death certificate registration and of permits for disposition
of human remains; who is responsible for the vital records system; the role of the Medical
Examiner/Coroner (ME/C) Office and how its standard operating procedures are changed in a
mass fatality; and guidelines for establishing the vital records system’s preparedness in the event
of a mass fatality.
The key resource for this section is the State of California Department of Health Services Office
of Vital Records’ Birth and Death Registration Handbook. Identify the comparable document
for your state. It will provide information on your state’s vital records system and may include
specific directions for changes in standard operating procedures in the event of a mass fatality.
Key Assumptions
The following are the key assumptions.
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A mass fatality will result in a surge in requests to register deaths that occur in the
jurisdiction and for certified copies of death certificates for victims of the mass fatality
that may create problems for overall mass fatality management.
A mass fatality will result in a surge in requests for permits for disposition of human
remains, including transit permits, that may create problems for overall mass fatality
management.
A plan to manage the surge will be needed in the event of a mass fatality.
The nature of the mass fatality—particularly the complexity of the recovery process and
the length of time recovery will take—will determine the level of surge capacity that will
be required of the vital records system to manage its responsibilities in the mass fatality
effectively.
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Proposed Approach
This section is intended to provide guidance for identifying ME/C standard operating procedures
regarding vital records that change in a mass fatality and for working with the agency
responsible for the vital records system in your jurisdiction. Its focus is on identifying changes
in ME/C standard operating procedures and on identifying the agency in charge of the vital
records system and on recommendations for assisting that agency with surge capacity planning
in the event of a mass fatality.
The key stakeholders for this section are the ME/C Office and the
agency responsible for the vital records system for your
jurisdiction.
Developing Your Jurisdiction’s Plan for Registration of
Deaths and for Permits for Disposition in a Mass Fatality
Step 1: What is the purpose of the vital records system?
The information below is in accordance with California law. If
your jurisdiction is in California, it can be used as is. If you are in
another state it will need to be modified in accordance with your
state’s law.
The purpose of the vital records system is 1) to establish a permanent record that is legally
recognized as prima facie evidence of the facts stated in the record, and 2) to provide a means for
studying the statistical data for health evaluation and planning purposes.
All deaths require registration in the jurisdiction in which they occur. For example, in
California, each death must be registered with the local registrar in the district in which the death
was officially pronounced or the body was found within eight days after the death and prior to
any disposition.
Upon registration by the local registrar, the death certificate becomes the State’s legal record of
the death. The purpose of a certified copy of a death certificate is:
 To serve as the legal record of death and thus be prima facie evidence of the death in all
courts
 In addition, a certified death certificate is used:
 To settle the decedent’s estate
 To apply for insurance benefits
 To settle pension claims
 To verify transfer of title or real and personal property.
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A permit for disposition of remains can only be issued by the local registrar after the death
certificate has been registered.
The purpose of the permit for disposition is:
 To specify the disposition being authorized by the local registrar—burial, cremation,
disposition of cremated remains other than in a cemetery, scientific use, temporary
envaultment, and/or transit to another state or country for disposition
 To allow for the disposition of human remains.
Step 2. Determine who is responsible for your jurisdiction’s vital records.
Each state is responsible for managing its vital records system. Your state’s laws regarding vital
records will specify the agency responsible for the registration of deaths and for permits for
disposition of human remains in your jurisdiction. Identify your jurisdiction’s local registrar and
the agency or department responsible for death certificate registration and issuance of permits for
disposition of human remains in your jurisdiction.
Using Santa Clara County, California as an example, California Health and Safety Codes Section
102175 through 102250 sets out requirements for the California Vital Records System. By
statute, the State Office of Vital Records (OVR) oversees the registration of vital records in
California. Under OVR supervision, each local registrar registers and transmits the original
records for events occurring in the local registration district to the State office for filing and
indexing. Santa Clara County is a local registration district. The Health Officer, by statute, is
the local registrar and is responsible for appointing a chief deputy registrar to direct and
supervise the overall registration of births, fetal deaths, and deaths in the county. In Santa Clara
County, the chief deputy registrar heads Vital Records and Registration, which is within the
Public Health Department.
Step 3: What is the Medical Examiner/Coroner Office role?
The following are specific changes in ME/C standard operating procedures specific to a mass
fatality.
Upon determination of a mass fatality incident in California, the ME/C Office is responsible for:
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Contacting the Policy Manager of the State Office of Vital Records (OVR). The Policy
Manager will request that a list of all known fatalities be provided to OVR and the local
registrar’s office.
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Updating this list as additional information becomes available, including the type of
certificate, court ordered or standard, that will be prepared for each decedent.
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Filing a single verified petition using the latest version of the Court Order Delayed form
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with the Superior Court to judicially establish the fact, time, and place of death for
individuals who die in the mass fatality, but for whom no remains are found and/or
identified.
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Not preparing a standard certificate if remains are later located and identified for an
individual where a court-ordered delayed certificate was prepared.
o Requests to replace a court-ordered certificate with a standard certificate must be
referred to the OVR Policy Manager.
o If remains are found after a court-ordered delayed certificate has been filed, the
remains should be disposed of following regular state laws and guidelines. The
court-ordered delayed certificate may be amended to reflect the disposition of
remains.
The OVR will work closely with the ME/C and local registrar’s office to ensure that all
certificates are registered in an expedited manner and that only one certificate is registered for
each fatality.
Step 4: Considerations/recommendations for Working with Your Local
Registrar
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Meet with the local registrar to discuss mass fatality management planning.
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Identify specific changes in standard operating procedures related to the vital records
system in the event of a mass fatality.
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Identify how the ME/C Office, funeral directors, doctors and hospitals submit death
certificates to the local registrar.
o What processes are in place now? Examples may include electronic filing such as
the Electronic Death Registration System (EDRS); Hand-Filing; Cross-Filing
between health jurisdictions; and/or Fax Filing.
o Are there any alternatives to shorten this process?
o If the fastest method is not being used now, can that capability be developed?
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Identify strategies for streamlining the process for applying for and obtaining permits for
disposition.
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Does the local registrar have a continuity of operations plan? A surge capacity plan? If
no, encourage this planning regarding mass fatalities.
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Determine how the ME/C Office and the agency in charge of vital records will work
together in the event of a mass fatality.
Managing Mass Fatalities: A Toolkit for Planning
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