§338-9  Filing and preparation of death and
fetal death certificates.  (a)  The person in charge of the disposition of
the body shall file with the department of health in Honolulu or with the local
agent of the department of health in the district in which the death or fetal
death occurred, or a dead body was found, a certificate of death or fetal death
within three days after the occurrence, except that reports of intentional
terminations of pregnancy performed in accordance with section 453-16 may be deferred
for up to one month.



(b)  In preparing a certificate of death or
fetal death the person in charge of the disposition of the body shall:



(1)  Obtain and enter on the certificate the personal
data and other information pertaining to the deceased person required by the
department from the person best qualified to supply them;



(2)  Present the certificate of death to the physician
last in attendance upon the deceased, or to the coroner’s physician, who shall
thereupon certify the cause of death to the physician’s best knowledge and
belief, or present the certificate of fetal death to the physician, midwife, or
other person in attendance at the fetal death, who shall certify the fetal
death and such medical data pertaining thereto as can be furnished; provided
that fetal deaths of less than twenty-four weeks or intentional terminations of
pregnancy performed in accordance with section 453-16 may be certified by a
nurse or other employee based upon the physician’s records; and



(3)  Notify immediately the appropriate local agent,
if the death occurred without medical attendance, or if the physician last in
attendance fails to sign the death certificate.  In such event the local agent
shall inform the local health officer, and refer the case to the local health
officer for immediate investigation and certification of the cause of death
prior to issuing a permit for burial, or other disposition of the body.  When
the local health officer is not a physician or when there is no such officer,
the local agent may complete the certificate on the basis of information
received from relatives of the deceased or others having knowledge of the
facts.



If the circumstances of the case suggest that
the death or fetal death was caused by other than natural causes, the local agent
shall refer the case to the coroner for investigation and certification.



(c)  A death certificate may be filed by the
next of kin and accepted by the local agent without meeting the requirements
set forth above when there has been a judicial finding and declaration by a
court of record that a person is dead; provided that the certificate is in a
form approved by the department and has been certified by the clerk of court.
[L 1949, c 327, §13; am L 1951, c 92, §3; RL 1955, §57-12; am L Sp 1959 2d, c 1,
§19; am L 1965, c 113, §1; HRS §338-9; am L 1973, c 17, §6; am L 1975, c 74,
§1; am L 1978, c 86, §1; am L 1981, c 113, §3]