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. 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. Managing Mass Fatalities: A Toolkit for Planning 1 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. Managing Mass Fatalities: A Toolkit for Planning 2 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: 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. Updating this list as additional information becomes available, including the type of certificate, court ordered or standard, that will be prepared for each decedent. Filing a single verified petition using the latest version of the Court Order Delayed form Managing Mass Fatalities: A Toolkit for Planning 3 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. 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 Meet with the local registrar to discuss mass fatality management planning. Identify specific changes in standard operating procedures related to the vital records system in the event of a mass fatality. 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? Identify strategies for streamlining the process for applying for and obtaining permits for disposition. Does the local registrar have a continuity of operations plan? A surge capacity plan? If no, encourage this planning regarding mass fatalities. 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 4