CHAPTER 90
SB 146-FN - FINAL VERSION
2025 SESSION
25-1140
09/08
SENATE BILL 146-FN
AN ACT relative to medical examiner's certificates and medical certification of the death record.
SPONSORS: Sen. Prentiss, Dist 5; Sen. Fenton, Dist 10; Sen. Perkins Kwoka, Dist 21; Sen. Watters, Dist 4; Sen. Long, Dist 20; Sen. Birdsell, Dist 19; Sen. Rosenwald, Dist 13
COMMITTEE: Judiciary
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ANALYSIS
This bill amends requirements for viewing of a deceased body in regard to medical examiner's certificates and medical certification of the death record.
This bill is a request of the department of justice and the office of the chief medical examiner.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-1140
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to medical examiner's certificates and medical certification of the death record.
Be it Enacted by the Senate and House of Representatives in General Court convened:
90:1 Cremation of Human Remains; Medical Examiner's Certificate. Amend RSA 325-A:18, I to read as follows:
I. The body of a deceased person shall not be cremated within 48 hours after his or her decease unless he or she died of a contagious or infectious disease. If the death occurred within the state, the body shall not be cremated by the crematory authority until the crematory authority has received the certificate of burial permit required by law before burial, and a certificate from a medical examiner that he or she has [viewed the body and] made personal inquiry into the cause and manner of death, and is of the opinion that no further examination or judicial inquiry concerning the same is necessary. If the death occurred within the state but the body is being transferred out of state for cremation, the transfer shall not occur until the medical examiner has conducted such [a view and] an inquiry and has issued a certificate. If the death occurs without the state, the reception and cremation of the body of a deceased person shall be governed by rules adopted by the board after consultation with the chief medical examiner.
90:2 Death Registration Forms and Procedures; Cremation. Amend RSA 5-C:71, I to read as follows:
I. When the body of a deceased person is to be disposed of by cremation, the crematory operator, the funeral director, next of kin, or designated agent in charge of the final disposition arrangements shall present a copy of the death certificate and the burial permit or emergency burial permit [with the body] to a medical examiner in order to obtain the medical examiner's certificate.
90:3 Death Registration Forms and Procedures; Medical Certification of the Death Record. Amend RSA 5-C:64, VI to read as follows:
VI. In the absence of the deceased's attending physician, APRN, or physician assistant or with the attending physician's, APRN's, or physician assistant's approval, the medical certification of a death due to natural causes shall be completed by one of the following individuals: the attending physician's, APRN's, or physician assistant's associate physician, APRN in medical practice, or physician assistant, the chairperson of the applicable clinical department, the chief medical officer of the hospital, the physician, APRN, or physician assistant or designee who performed an autopsy upon the decedent, or the physician, APRN, or physician assistant on duty if the death occurred in the hospital emergency room. The person determining the cause of death shall attest to its accuracy. [The person determining the cause of death shall have viewed the deceased within 24 hours after death.]
90:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 10, 2025
Effective Date: August 09, 2025
| Date | Body | Type |
|---|---|---|
| Feb. 6, 2025 | Senate | Hearing |
| Feb. 11, 2025 | Senate | Hearing |
| March 6, 2025 | Senate | Floor Vote |
| March 20, 2025 | Senate | Floor Vote |
| April 9, 2025 | House | Hearing |
| April 9, 2025 | House | Exec Session |
| April 9, 2025 | House | Floor Vote |
June 11, 2025: Signed by the Governor on 06/10/2025; Chapter 0090; Effective 08/09/2025
June 3, 2025: Enrolled Adopted, VV, (In recess 05/22/2025); SJ 15
June 3, 2025: Enrolled (in recess of) 05/22/2025 HJ 15
May 1, 2025: Ought to Pass: MA VV 05/01/2025 HJ 13 P. 10
April 16, 2025: Minority Committee Report: Inexpedient to Legislate
April 16, 2025: Majority Committee Report: Ought to Pass 04/09/2025 (Vote 10-6; RC) HC 22 P. 13
April 16, 2025: Executive Session: 04/09/2025 10:30 am LOB 206-208
April 3, 2025: Public Hearing: 04/09/2025 10:30 am LOB 206-208
March 28, 2025: Introduced (in recess of) 03/27/2025 and referred to Judiciary HJ 11 P. 111
March 20, 2025: Ought to Pass: MA, VV; OT3rdg; 03/20/2025; SJ 8
March 12, 2025: Committee Report: Ought to Pass, 03/20/2025; Vote 6-0; CC; SC 13
March 6, 2025: Ought to Pass: MA, VV; Refer to Finance Rule 4-5; 03/06/2025; SJ 6
Feb. 21, 2025: Committee Report: Ought to Pass, 03/06/2025; Vote 4-1; CC; SC 11
Feb. 5, 2025: Hearing: 02/11/2025, Room 100, SH, 01:00 pm; SC 9
Jan. 29, 2025: Hearing: 02/06/2025, Room 100, SH, 01:00 pm; SC 8
Feb. 5, 2025: ==CANCELLED== Hearing: 02/06/2025, Room 100, SH, 01:00 pm; SC 8
Feb. 5, 2025: ==CANCELLED== Hearing: 02/06/2025, Room 100, SH, 01:00 pm; SC 8
Jan. 22, 2025: Introduced 01/09/2025 and Referred to Judiciary; SJ 3