(a)

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 68-3-502

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commissioner: means the commissioner of health. See Tennessee Code 68-3-102
  • Dead body: means a human body from the condition of which it reasonably may be concluded that death occurred. See Tennessee Code 68-3-102
  • Decedent: A deceased person.
  • Department: means the department of health. See Tennessee Code 68-3-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • File: means to present a vital record provided for in this chapter for registration by the office of vital records. See Tennessee Code 68-3-102
  • Final disposition: means the burial, interment, cremation, removal from the state or other authorized disposition of a dead body or fetus. See Tennessee Code 68-3-102
  • Institution: means any establishment, public or private, that provides inpatient or outpatient medical, surgical or diagnostic care or treatment or nursing, custodial or domiciliary care, or to which persons are committed by law. See Tennessee Code 68-3-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Physician: means a person licensed to practice medicine or osteopathy pursuant to the laws of this state. See Tennessee Code 68-3-102
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Vital records: means certificates or reports of birth, death, marriage, divorce or annulment and other records related thereto. See Tennessee Code 68-3-102
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) A death certificate for each death that occurs in this state shall be filed with the office of vital records or as otherwise directed by the state registrar within five (5) days after death and prior to final disposition, or as prescribed by regulations of the department. It shall be registered, if it has been completed and filed in accordance with this section.
(2) If the place of death is unknown but the body is found in this state, the death certificate 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 the date the body was found.
(3) 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 it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or airspace or in a foreign country 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.
(b) The funeral director who first assumes custody of the dead body, medical examiner, or attending or pronouncing physician in a hospital may file the death certificate. The funeral director, medical examiner, or attending or pronouncing physician in a hospital shall obtain the personal data from the next of kin or the best qualified person or source available, and shall obtain the medical certification from the person responsible for medical certification, as set forth in subsection (c).
(c)

(1) The medical certification shall be completed, signed and returned to the funeral director by the physician in charge of the patient’s care for the illness or condition that resulted in death within two (2) business days after death, except when inquiry is required by the county medical examiner or to obtain a veteran’s medical records pursuant to subsection (j). In the absence of the physician, the certificate may be completed and signed by another physician designated by the physician or by the chief medical officer of the institution in which the death occurred. In cases of deaths that occur outside of a medical institution and are either unattended by a physician or not under hospice care, the county medical examiner shall investigate and certify the death certificate when one (1) of the following conditions exists:

(A) There is no physician who had attended the deceased during the four (4) months preceding death, except that any physician who had attended the patient more than four (4) months preceding death may elect to certify the death certificate if the physician can make a good faith determination as to cause of death and if the county medical examiner has not assumed jurisdiction; or
(B) The physician who had attended the deceased during the four (4) months preceding death communicates, orally or in writing, to the county medical examiner that, in the physician’s best medical judgment, the patient’s death did not result from the illness or condition for which the physician was attending the patient.
(2) Sudden infant death syndrome shall not be listed as the cause of death of a child, unless the death meets the definition set forth in chapter 1, part 11 of this title.
(3)

(A) In addition to this section, prior to signing medical certification of the cause of death, the physician, chief medical officer or medical examiner shall require screening x-rays of the skull, long bones and chest of any child who was not subject to an autopsy and who died of unknown causes or whose death is suspected to be from sudden infant death syndrome.
(B) The physician, chief medical officer or medical examiner who orders the x-ray examinations pursuant to this section shall be entitled to a reasonable fee as set by the commissioner of health for the costs of the x-ray examinations, to be paid from the funds allotted to the postmortem examiners program in the department of health.
(d) When inquiry is required, the medical examiner shall determine the cause of death and shall complete and sign the medical certification within two (2) business days after taking charge of the case. On or before January 1, 2013, the commissioner of health shall establish by rule a protocol for use by medical examiners in cases involving death resulting from opiate, illegal or illicit drug overdose, that requires an appropriate report under § 38-7-108. The commissioner is authorized to promulgate such rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e) If the cause of death cannot be determined within two (2) business days after death, the medical certification shall be completed as provided by regulation. The attending physician or medical examiner shall give the funeral director notice of the reason for the delay, and final disposition of the body shall not be made until authorized by the attending physician or medical examiner.
(f) If the death occurs in a military or veteran’s hospital or in a state veteran’s home in the state of Tennessee, the death certificate may be signed by the attending physician who holds a license in another state.
(g) In the event a person is dead on arrival at a military or veteran’s hospital or at a state veteran’s home in the state of Tennessee, the death certificate may be signed by a physician who is employed by one (1) of these institutions and who holds a license in another state.
(h) The form for a certificate of death shall contain a place for the recording of the deceased’s social security number and the social security number shall be recorded on the certificate and on any forms necessary to prepare the certificate.
(i)

(1) Notwithstanding this section to the contrary, this subsection (i) governs manner of death determinations of death investigations for which suicide is suspected or determined to be the manner of death.
(2) If a county medical examiner suspects that suicide may be a potential manner of death, then the medical examiner shall consult the decedent‘s treating mental health professional or primary care physician, if known and reasonably able to be identified through the decedent’s next of kin, prior to determination of manner of death.
(3)

(A) After inquiry by a county medical examiner pursuant to title 38, chapter 7, part 1, the medical examiner shall enter the manner of death and file the death certificate. If the manner of death is suicide and the next of kin disagrees with the manner of death determination, then the next of kin may contact the county medical examiner who performed the autopsy to request a meeting. The county medical examiner shall meet with the next of kin within thirty (30) calendar days of that initial contact by the requesting next of kin or, if more time is needed to gather documentation, on a mutually acceptable date. The meeting must be either in person or via teleconference, at the discretion of the requesting next of kin. At the meeting, each party must present the reasons supporting their position with respect to the manner of death, including any relevant documentation.
(B) Within thirty (30) calendar days of the meeting with the next of kin, the county medical examiner shall make a written determination on the manner of death and notify the next of kin. The notification must address the next of kin’s specific bases for disagreement, inform the next of kin of their right to seek reconsideration from the office of the state chief medical examiner (OSCME), and include information on how to request the reconsideration. The notification must also inform the next of kin of their right to seek judicial review.
(4)

(A) Within one hundred twenty (120) calendar days of the notification of the manner of death from the county medical examiner, the next of kin may request reconsideration from the OSCME in writing.
(B) Within fifteen (15) calendar days of receiving the reconsideration request, the OSCME shall notify the county medical examiner of the reconsideration request and request all records and documentation from the county medical examiner and the next of kin.
(C) The county medical examiner shall send the requested records and documentation to the OSCME within fifteen (15) calendar days of receiving the request.
(D)

(i)

(a) Upon receipt of the records and documentation, the state chief medical examiner shall convene a peer review panel to conduct the reconsideration.
(b) The peer review panel must consist of the state chief medical examiner and all chief medical examiners of the regional forensic centers except for the chief medical examiner of the regional forensic center for the region in which the autopsy was performed. The state chief medical examiner shall serve as chair of the peer review panel.
(c) The chief medical examiners of the regional forensic centers may each appoint a designee to serve on the peer review panel. The designee must be a forensic pathologist licensed in this state who is employed by the regional forensic center.
(d) The state chief medical examiner may distribute records and documentation to the peer review panel members by electronic means. The panel may meet remotely via teleconference or video conference.
(ii) The peer review panel shall complete the reconsideration within ninety (90) calendar days of the date the OSCME receives the records and documentation from the county medical examiner. If the initial review indicates a need for additional investigation, then the peer review panel may use an additional ninety (90) calendar days to finalize their findings and must send written notification to the next of kin that the extra ninety-calendar-day period is necessary.
(iii) Once the members of the peer review panel have completed the review of the records and documentation, the members shall vote on a manner of death determination. The state chief medical examiner shall not vote except in the event of a tie vote among all other panel members. A manner of death that achieves a simple majority of all panel members prevails, at which time a reconsideration investigation is deemed complete.
(iv) The state chief medical examiner shall prepare a written report of the peer review panel’s findings and decision and shall detail in the report the panel’s reasoning for its decision and an explanation of any additional investigation that was done. The state chief medical examiner shall send a copy of the report to the next of kin and the county medical examiner within fifteen (15) calendar days of the completion of the investigation.
(5)

(A) If the findings of a reconsideration conducted pursuant to subdivision (i)(4) support the original manner of death determination made by the county medical examiner, then the next of kin may appeal that decision to a court of competent jurisdiction.
(B) If the findings of a reconsideration conducted pursuant to subdivision (i)(4) support a manner of death determination other than suicide, then the state chief medical examiner shall, no later than fifteen (15) calendar days after the date of the written report, amend the manner of death.
(6)

(A) Next of kin may terminate a reconsideration process requested pursuant to this subsection (i) at any time and for any reason by written notice to the OSCME of their intent to terminate the reconsideration.
(B) Next of kin may seek judicial review at any time during the reconsideration process following the receipt of the original death certificate by written notice to the OSCME of their intent to seek judicial review.
(7) By requesting reconsideration under this subsection (i), the next of kin authorizes release of any medical records, hospital records, investigative reports, or other documentary evidence of the deceased that the peer review panel deems necessary to complete the reconsideration.
(8) The department of health shall maintain a notice of decedent’s next of kin rights with regard to this subsection (i) on its public website.
(9) As used in this subsection (i), “next of kin” means the person who has the highest priority pursuant to § 62-5-703.
(10) This subsection (i) applies only when the manner of death is suspected or determined to be suicide.
(11) A physician, who acts in good faith to comply with this subsection (i), is immune from individual civil liability in the absence of gross negligence or willful misconduct for actions authorized by this subsection (i).
(12) Unrelated parties have no liability for relying on the original death certificate, without regard to subsequent revision under this part.
(13) OSCME shall maintain statistics on the number of reconsideration requests, the number of manner of death determinations that are upheld or overturned, and the number of next of kin terminations of a reconsideration process before the issuance of final findings. The OSCME may also maintain additional information relative to the reconsideration requests that may assist in carrying out other functions of the office.
(j)

(1) This subsection (j) applies only if an attending physician, chief medical officer, or medical examiner signing the medical certification of the cause of death of a military veteran:

(A) Knows that the deceased person was a United States military veteran; and
(B) Is provided with access to the veteran’s medical records.
(2) If the requirements of subdivision (j)(1) have been met, then prior to signing the medical certification of the cause of death of a United States military veteran, the attending physician, chief medical officer, or medical examiner shall conduct a review of the veteran’s medical records, including records made available from the United States department of veterans affairs, to determine if a service-connected disability was the principal or a major contributory cause of death, including when a concurrent or comorbid health condition, such as COVID-19, existed. If a service-connected disability was the principal or a major contributory cause of death, then the attending physician, chief medical officer, or medical examiner shall include the finding on the medical certification.
  Previous section
Next section  
 Part 5 Contents