Report of death

AN ACT Relating to improving the timeliness and accuracy of the 1
issuance of a report of death; and amending RCW 70.58A.200, 2
70.58A.500, 18.130.180, 43.70.150, and 18.71.080. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 70.58A.200 and 2019 c 148 s 13 are each amended to 5
read as follows: 6
(1)(a) Reports of death and fetal death must comply with the 7
requirements of this section. 8
(b) For the purposes of this section, "death" includes "fetal 9
death" as defined in RCW 70.58A.010. 10
(2) A complete report of death must be filed with the local 11
registrar in the local health jurisdiction where the death occurred 12
for each death that occurs in this state. Except for circumstances 13
covered by subsection (7) of this section, the report must be filed 14
within five calendar days after the death or finding of human remains 15
and prior to final disposition of the human remains as required by 16
this section. 17
(a) If the place of death is unknown and the human remains are 18
found in state prior to final disposition, the death must be filed in 19
state and the place where the human remains were found is the place 20
of death. 21
H-0486.1
HOUSE BILL 1251
State of Washington 69th Legislature 2025 Regular Session
By Representative Wylie
Prefiled 01/10/25. Read first time 01/13/25. Referred to Committee
on Health Care & Wellness.
p. 1 HB 1251
(b) When death occurs in a moving conveyance within or outside 1
the United States and the human remains are first removed from the 2
conveyance in state, the death must be filed in state and the place 3
of death is the place where the remains were removed from the moving 4
conveyance. 5
(c) In all other cases, the place where death is pronounced is 6
the place where death occurred. 7
(d) An approximate date of death may be used if date of death is 8
unknown. If the date cannot be determined by approximation, the date 9
of death must be the date the human remains were found.10
(3) If the death occurred with medical attendance, a funeral 11
director, funeral establishment, or person having the right to 12
control the disposition of the human remains under RCW 68.50.160 13
shall: 14
(a) Obtain and enter personal data on the report of death about 15
the decedent from the person best qualified to provide the 16
information; 17
(b) Provide the report of death to the medical certifier within 18
two calendar days after the death or finding of human remains;19
(c) File the completed report of death with the local registrar; 20
and 21
(d) Obtain a burial-transit permit prior to the disposition of 22
the human remains as required in RCW 70.58A.210. 23
(4) The medical certifier shall: 24
(a) Attest to the cause, date, and time of death; and25
(b) Return the report of death to the funeral director, funeral 26
establishment, or person having the right to control the disposition 27
of the human remains under RCW 68.50.160 within two calendar days.28
(5) The report of death may be completed by another individual 29
qualified to be a medical certifier as defined in RCW 70.58A.010 who 30
has access to the medical history of the decedent when:31
(a) The medical certifier is absent or unable to attest to the 32
cause, date, and time of death; or 33
(b) The death occurred due to natural causes, and the medical 34
certifier gives approval. 35
(6) If the death occurred without medical attendance, the funeral 36
director, funeral establishment, or person having the right to 37
control the disposition of the human remains under RCW 68.50.160 38
shall provide the report of death to the coroner, medical examiner, 39
or local health officer as allowed by (a) of this subsection.40
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(a) If the death occurred due to natural causes, the coroner, 1
medical examiner, or local health officer shall determine whether to 2
certify the report of death. If the coroner, medical examiner, or 3
local health officer decides to certify the report of death, the 4
person certifying the report shall: 5
(i) Attest to the manner, cause, and date of death without 6
holding an inquest or performing an autopsy or postmortem, based on 7
statements of relatives, persons in attendance during the last 8
sickness, persons present at the time of death, or other persons 9
having adequate knowledge of the facts; 10
(ii) Note that there was no medical attendance at the time of 11
death; and 12
(iii) Return the report of death to the funeral home within two 13
calendar days. 14
(b) If the death appears to be the result of unlawful or 15
unnatural causes, the coroner or medical examiner shall:16
(i) Attest to the cause, place, and date of death;17
(ii) Note that there was no medical attendance at the time of 18
death; 19
(iii) Note when the cause of death is pending investigation; and20
(iv) Return the report of death to the funeral director, funeral 21
establishment, or person having the right to control the disposition 22
of the human remains under RCW 68.50.160 within two calendar days.23
(7) When there is no funeral director, funeral establishment, or 24
person having the right to control the disposition of human remains 25
under chapter 68.50 RCW, the coroner, medical examiner, or local 26
health officer shall file the completed report of death with the 27
local registrar as required by subsection (2) of this section.28
(8) When a coroner or medical examiner determines that there is 29
sufficient circumstantial evidence to indicate that an individual has 30
died in the county or in waters contiguous to the county, and that it 31
is unlikely that the body will be recovered, the coroner or medical 32
examiner shall file a report of death, including the cause, place, 33
and date of death, to the extent possible. 34
(9) The coroner or medical examiner in a county in which a 35
decedent was last known to be alive may file a report of death with 36
the local registrar when the county in which the presumed death 37
occurred cannot be determined with certainty. The coroner or medical 38
examiner shall file a report of death, including the cause, place, 39
and date of death, to the extent possible. 40
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(10) The coroner or medical examiner having jurisdiction may 1
release information contained in a report of death according to RCW 2
68.50.300. 3
(11) The local registrar shall: 4
(a) Review filed reports of death to ensure completion in 5
accordance with this chapter; 6
(b) Request missing information or corrections;7
(c) Ensure issuance of the burial-transit permit as required 8
under RCW 70.58A.210; 9
(d) Register a report of death with the department if it has been 10
completed and submitted in accordance with this section.11
(12) A medical certifier, coroner, medical examiner, or local 12
health officer shall submit an affidavit of correction to the state 13
registrar to amend the report of death within five calendar days of 14
receipt of an autopsy result or other information that completes or 15
amends the cause of death or corrects demographic or other relevant 16
information from that originally filed with the department.17
(13) The department may require a medical certifier, coroner, 18
medical examiner, or local health officer to provide additional or 19
clarifying information to properly code and classify cause of death 20
or to properly enter demographic or other relevant information for 21
the decedent. 22
Sec. 2. RCW 70.58A.500 and 2019 c 148 s 18 are each amended to 23
read as follows: 24
(1) The state registrar may amend certification items on state 25
vital records. 26
(2) The state registrar may amend a live birth record to change 27
the name of a person born in state: 28
(a) Upon receipt of a complete and signed amendment application 29
with applicable fees and a certified copy of an order of a court of 30
competent jurisdiction, including the name of the person as it 31
appears on the current live birth record and the new name to be 32
designated on the amended live birth record, under RCW 4.24.130; or33
(b) As authorized under 18 U.S.C. Sec. 3521, the federal witness 34
relocation and protection act. 35
(3) The state registrar shall seal the original live birth record 36
amended under subsection (2)(b) of this section. The sealed record is 37
not subject to public inspection and copying under chapter 42.56 RCW 38
except upon order of a court of competent jurisdiction.39
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(4) The state registrar may amend a vital record to change the 1
sex designation of the subject of the record. The state registrar 2
shall include a nonbinary option for sex designation on the record.3
(5) The state registrar may amend vital records for purposes 4
other than those established in this section. 5
(6) A local or state registrar may amend a report of death to 6
correct demographic information upon receipt of an application from a 7
decedent's immediate family within two years of the decedent's death. 8
For the purposes of this section, "immediate family" means children, 9
stepchildren, grandchildren, great grandchildren, parents, 10
stepparents, grandparents, great grandparents, siblings, aunts, 11
uncles, and a person who was legally married to or in a state 12
registered domestic partnership with the decedent at the time of the 13
decedent's death, and includes adoptive family.14
(7) The state registrar may deny an application to amend a vital 15
record when: 16
(a) The application is not completed or filed in accordance with 17
this chapter; 18
(b) The state registrar has cause to question the validity or 19
adequacy of the applicant's statements or documentary evidence; or20
(c) The deficiencies under (a) or (b) of this subsection are not 21
addressed to the satisfaction of the state registrar.22
(((7))) (8) The state registrar shall provide notice of the 23
denial of an application to amend a vital record and state the 24
reasons for the denial. If the state registrar denies an amendment to 25
a vital record under the provisions of this section, a person may 26
appeal the decision under RCW 70.58A.550. 27
Sec. 3. RCW 18.130.180 and 2024 c 220 s 2 are each amended to 28
read as follows: 29
Except as provided in RCW 18.130.450, the following conduct, 30
acts, or conditions constitute unprofessional conduct for any license 31
holder under the jurisdiction of this chapter: 32
(1) The commission of any act involving moral turpitude, 33
dishonesty, or corruption relating to the practice of the person's 34
profession, whether the act constitutes a crime or not. If the act 35
constitutes a crime, conviction in a criminal proceeding is not a 36
condition precedent to disciplinary action. Upon such a conviction, 37
however, the judgment and sentence is conclusive evidence at the 38
ensuing disciplinary hearing of the guilt of the license holder of 39
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the crime described in the indictment or information, and of the 1
person's violation of the statute on which it is based. For the 2
purposes of this section, conviction includes all instances in which 3
a plea of guilty or nolo contendere is the basis for the conviction 4
and all proceedings in which the sentence has been deferred or 5
suspended. Nothing in this section abrogates rights guaranteed under 6
chapter 9.96A RCW; 7
(2) Misrepresentation or concealment of a material fact in 8
obtaining a license or in reinstatement thereof; 9
(3) All advertising which is false, fraudulent, or misleading;10
(4) Incompetence, negligence, or malpractice which results in 11
injury to a patient or which creates an unreasonable risk that a 12
patient may be harmed. The use of a nontraditional treatment by 13
itself shall not constitute unprofessional conduct, provided that it 14
does not result in injury to a patient or create an unreasonable risk 15
that a patient may be harmed; 16
(5) Suspension, revocation, or restriction of the individual's 17
license to practice any health care profession by competent authority 18
in any state, federal, or foreign jurisdiction, a certified copy of 19
the order, stipulation, or agreement being conclusive evidence of the 20
revocation, suspension, or restriction; 21
(6) The possession, use, prescription for use, or distribution of 22
controlled substances or legend drugs in any way other than for 23
legitimate or therapeutic purposes, diversion of controlled 24
substances or legend drugs, the violation of any drug law, or 25
prescribing controlled substances for oneself; 26
(7) Violation of any state or federal statute or administrative 27
rule regulating the profession in question, including any statute or 28
rule defining or establishing standards of patient care or 29
professional conduct or practice; 30
(8) Failure to cooperate with the disciplining authority by:31
(a) Not furnishing any papers, documents, records, or other 32
items; 33
(b) Not furnishing in writing a full and complete explanation 34
covering the matter contained in the complaint filed with the 35
disciplining authority; 36
(c) Not responding to subpoenas issued by the disciplining 37
authority, whether or not the recipient of the subpoena is the 38
accused in the proceeding; or 39
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(d) Not providing reasonable and timely access for authorized 1
representatives of the disciplining authority seeking to perform 2
practice reviews at facilities utilized by the license holder;3
(9) Failure to comply with an order issued by the disciplining 4
authority or a stipulation for informal disposition entered into with 5
the disciplining authority; 6
(10) Aiding or abetting an unlicensed person to practice when a 7
license is required; 8
(11) Violations of rules established by any health agency;9
(12) Practice beyond the scope of practice as defined by law or 10
rule; 11
(13) Misrepresentation or fraud in any aspect of the conduct of 12
the business or profession; 13
(14) Failure to adequately supervise auxiliary staff to the 14
extent that the consumer's health or safety is at risk;15
(15) Engaging in a profession involving contact with the public 16
while suffering from a contagious or infectious disease involving 17
serious risk to public health; 18
(16) Promotion for personal gain of any unnecessary or 19
inefficacious drug, device, treatment, procedure, or service;20
(17) Conviction of any gross misdemeanor or felony relating to 21
the practice of the person's profession. For the purposes of this 22
subsection, conviction includes all instances in which a plea of 23
guilty or nolo contendere is the basis for conviction and all 24
proceedings in which the sentence has been deferred or suspended. 25
Nothing in this section abrogates rights guaranteed under chapter 26
9.96A RCW; 27
(18) The offering, undertaking, or agreeing to cure or treat 28
disease by a secret method, procedure, treatment, or medicine, or the 29
treating, operating, or prescribing for any health condition by a 30
method, means, or procedure which the licensee refuses to divulge 31
upon demand of the disciplining authority; 32
(19) The willful betrayal of a practitioner-patient privilege as 33
recognized by law; 34
(20) Violation of chapter 19.68 RCW or a pattern of violations of 35
RCW 41.05.700(8), 48.43.735(8), 48.49.020, 48.49.030, 71.24.335(8), 36
or 74.09.325(8); 37
(21) Interference with an investigation or disciplinary 38
proceeding by willful misrepresentation of facts before the 39
disciplining authority or its authorized representative, or by the 40
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use of threats or harassment against any patient or witness to 1
prevent them from providing evidence in a disciplinary proceeding or 2
any other legal action, or by the use of financial inducements to any 3
patient or witness to prevent or attempt to prevent him or her from 4
providing evidence in a disciplinary proceeding; 5
(22) Current misuse of: 6
(a) Alcohol; 7
(b) Controlled substances; or 8
(c) Legend drugs; 9
(23) Abuse of a client or patient or sexual contact with a client 10
or patient; 11
(24) Acceptance of more than a nominal gratuity, hospitality, or 12
subsidy offered by a representative or vendor of medical or health-13
related products or services intended for patients, in contemplation 14
of a sale or for use in research publishable in professional 15
journals, where a conflict of interest is presented, as defined by 16
rules of the disciplining authority, in consultation with the 17
department, based on recognized professional ethical standards;18
(25) Violation of RCW 18.130.420; 19
(26) Performing conversion therapy on a patient under age 20
eighteen; 21
(27) Violation of RCW 18.130.430; 22
(28) Violation of RCW 18.130.460; ((or))23
(29) Implanting the license holder's own gametes or reproductive 24
material into a patient;25
(30) Failing to timely produce a report of death as required by 26
RCW 70.58A.200 two or more times in a calendar year.27
Sec. 4. RCW 43.70.150 and 1989 1st ex.s. c 9 s 254 are each 28
amended to read as follows: 29
(1) The secretary of health shall have charge of the state system 30
of registration of births, deaths, fetal deaths, marriages, and 31
decrees of divorce, annulment and separate maintenance, and shall 32
prepare the necessary rules, forms, and blanks for obtaining records, 33
and insure the faithful registration thereof. 34
(2)(a) The secretary of health shall work with insurance 35
regulators and providers in bordering states to have practitioners of 36
health professions in those states qualified to utilize the vital 37
records system operated by the department under chapter 70.58A RCW in 38
order to allow such practitioners of health professions to certify a 39
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report of death of a citizen of the state of Washington who dies in 1
such a bordering state. 2
(b) For the purposes of this section:3
(i) "Health professions" and "practitioner" have the same meaning 4
as in RCW 18.120.020; and5
(ii) "Vital records system" has the same meaning as in RCW 6
70.58A.010.7
Sec. 5. RCW 18.71.080 and 2015 c 252 s 8 are each amended to 8
read as follows: 9
(1)(a) Every person licensed to practice medicine in this state 10
shall pay licensing fees and renew his or her license in accordance 11
with administrative procedures and administrative requirements 12
adopted as provided in RCW 43.70.250 and 43.70.280.13
(b) The commission shall request licensees to submit information 14
about their current professional practice at the time of license 15
renewal and licensees must provide the information requested. This 16
information may include practice setting, medical specialty, board 17
certification, or other relevant data determined by the commission.18
(c) A physician who resides and practices in Washington and 19
obtains or renews a retired active license shall be exempt from 20
licensing fees imposed under this section. The commission may 21
establish rules governing mandatory continuing education requirements 22
which shall be met by physicians applying for renewal of licenses , 23
including a requirement that any physician who in the normal course 24
of practice may be required to certify a report of death under 25
chapter 70.58A RCW has received training on entering information into 26
the vital records system operated by the department of health . The 27
rules shall provide that mandatory continuing education requirements 28
may be met in part by physicians showing evidence of the completion 29
of approved activities relating to professional liability risk 30
management. The number of hours of continuing education for a 31
physician holding a retired active license shall not exceed fifty 32
hours per year. 33
(2) The office of crime victims advocacy shall supply the 34
commission with information on methods of recognizing victims of 35
human trafficking, what services are available for these victims, and 36
where to report potential trafficking situations. The information 37
supplied must be culturally sensitive and must include information 38
relating to minor victims. The commission shall disseminate this 39
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information to licensees by: Providing the information on the 1
commission's website; including the information in newsletters; 2
holding trainings at meetings attended by organization members; or 3
another distribution method determined by the commission. The 4
commission shall report to the office of crime victims advocacy on 5
the method or methods it uses to distribute information under this 6
subsection. 7
(3) The commission, in its sole discretion, may permit an 8
applicant who has not renewed his or her license to be licensed 9
without examination if it is satisfied that such applicant meets all 10
the requirements for licensure in this state, and is competent to 11
engage in the practice of medicine. 12
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