Idaho State Statutes - Idaho Attorney Directory

(a) A certificate of each
death which occurs in this state shall be filed with the local registrar of
the district in which the death occurs, or as otherwise directed by the state
registrar, within five (5) days after the occurrence. However, the board
shall, by rule and upon such conditions as it may prescribe to assure
compliance with the purposes of the vital statistics act, provide for the
filing of death certificates without medical certifications of cause of death
in cases in which compliance with the applicable prescribed period would
result in undue hardship; but provided, however, that medical certifications
of cause of death shall be provided by the certifying physician or coroner to
the vital statistics unit within fifteen (15) days from the filing of the
death certificate. No certificate shall be deemed complete until every item of
information required shall have been provided or its omission satisfactorily
accounted for. When death occurs in a moving conveyance in the United States
and the body is first removed from the conveyance in this state, the death
shall be registered in this state and the place where the body is first
removed shall be considered the place of death. When a death occurs on a
moving conveyance while in international air space or in a foreign country or
its air space and the body is first removed from the conveyance in this state,
the death shall be registered in this state but the certificate shall show the
actual place of death insofar as can be determined. If the place of death is
unknown but the dead body is found in this state, the certificate of death
shall be completed and filed in accordance with this section. The place where
the body is found shall be shown as the place of death. If the date of death
is unknown, it shall be determined by approximation.
The person in charge of interment or of removal of the body from the
district shall be responsible for obtaining and filing the certificate. Said
person shall obtain the required information from the following persons, over
their respective signatures:
(1) Personal data shall be supplied by the person best qualified to
supply them; and
(2) Except as otherwise provided, medical data shall be supplied by the
physician who attended the deceased during the last illness, who shall
certify to the cause of death according to his best knowledge, information
and belief within seventy-two (72) hours from time of death. In the
absence of the attending physician or with said physician's approval the
certificate may be completed and signed by said physician's associate
physician, the chief medical officer of the institution in which death
occurred, or the physician who performed an autopsy upon the decedent,
provided such individual has access to the medical history of the case,
views the deceased at or after death, and death is due to natural causes.
(b) The person in charge of interment or of removal of the body from the
district shall refer the following cases to the coroner who shall make an
immediate investigation, supply the necessary medical data, and certify to the
cause of death:
(1) When no physician was in attendance during the last illness of the
deceased; or
(2) When the circumstances suggest that the death occurred as a result of
other than natural causes.
(c) 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 state
registrar upon receipt of an order of a court of record of this state, which
shall include the finding of facts required to complete the death certificate.
Such a death certificate shall be marked "presumptive" and shall show on its
face the date of registration and shall identify the court and the date of
decree.
(d) Each stillbirth, defined as a spontaneous fetal death of twenty (20)
completed weeks gestation or more, based on a clinical estimate of gestation,
or a weight of three hundred fifty (350) grams (twelve and thirty-five
hundredths (12.35) ounces) or more, which occurs in this state shall be
registered on a certificate of stillbirth within five (5) days after delivery
with the local registrar of the district in which the stillbirth occurred. All
induced terminations of pregnancy shall be reported in the manner prescribed
in section 39-261, Idaho Code, and shall not be reported as stillbirths. No
certificate shall be deemed complete until every item of information required
shall have been provided or its omission satisfactorily accounted for.
(1) When a stillbirth occurs in an institution, the person in charge of
the institution or a designated representative shall prepare the
certificate, obtain the signature of the physician in attendance (except
as otherwise provided in section 39-260(e), Idaho Code), who shall provide
the medical data, and forward the certificate to the mortician or person
acting as such. In the absence of the attending physician or with said
physician's approval the certificate may be completed and signed by said
physician's associate physician, the chief medical officer of the
institution in which the stillbirth occurred, or the physician who
performed an autopsy on the stillborn fetus, provided such individual has
access to the medical history of the case and views the fetus at or after
stillbirth. The mortician or person acting as such shall provide the
disposition information and file the certificate with the local registrar.
(2) When a stillbirth occurs outside an institution, the mortician or
person acting as such shall complete the certificate, obtain the medical
data from and signature of the attendant at the stillbirth (except as
otherwise provided in section 39-260(e), Idaho Code), and file the
certificate. If the attendant at or immediately after the stillbirth is
not a physician, the coroner shall investigate and sign the certificate of
stillbirth.
(3) When a stillbirth occurs in a moving conveyance in the United States
and the stillborn fetus is first removed from the conveyance in this
state, the stillbirth shall be registered in this state and the place
where the stillborn fetus is first removed shall be considered the place
of stillbirth. When a stillbirth occurs in a moving conveyance while in
international air space or in a foreign country or its air space and the
stillborn fetus is first removed from the conveyance in this state, the
stillbirth shall be registered in this state but the certificate shall
show the actual place of stillbirth insofar as can be determined.
(4) When a stillborn fetus is found in this state and the place of
stillbirth is unknown, it shall be reported in this state. The place where
the stillborn fetus was found shall be considered the place of stillbirth.
(5) The name of the father shall be entered on the certificate of
stillbirth as provided by section 39-255, Idaho Code.
(e) When the circumstances suggest that the stillbirth occurred as a
result of other than natural causes (excepting legally induced abortions, as
defined by section 39-241, Idaho Code), the local registrar shall refer the
case to the coroner in the county where the stillbirth occurred. Said coroner
shall make an immediate investigation, supply the necessary medical data, and
certify to the cause of stillbirth.

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