Notice of Intended Action
Correction or substitution of medical certification of cause of death, 99.10
ARC 8563C
PUBLIC HEALTH DEPARTMENT[641]
Notice of Intended Action
Proposing rulemaking related to vital records modifications
and providing an opportunity for public comment
The Department of Health and Human Services hereby proposes to amend Chapter 99, “Vital Records Modifications,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code section 144.3.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code sections 144.26, 144.38, and 144.41 and 2024 Iowa Acts, Senate File 2430.
Purpose and Summary
Pursuant to 2024 Iowa Acts, Senate File 2430, this proposed amendment provides guidance for the correction, substitution, and amendment of medical certification of cause of death. This rule establishes processes for correction or substitution requests before and after 12 months from date of death and includes a requirement that supporting evidence be provided with the request.
Regulatory Analysis
A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 30, 2024. A public hearing was held on the following date(s):
●November 19, 2024
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441—Chapter 6.
Public Comment
Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 21, 2025. Comments should be directed to:
|
Victoria L. Daniels |
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:
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January 16, 2025 |
Microsoft Teams |
|
January 21, 2025 |
Microsoft Teams |
Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.
Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
The following rulemaking action is proposed:
ITEM 1.Amend rule 641—99.10(144) as follows:
641—99.10(144) Correction or amendment tosubstitution of medical certification of cause of death.
99.10(1) Corrections or amendments tosubstitutions of the medical certification of cause of death shall be requested solely by the medical certifier listed on the certificate of death or fetal death.
99.10(2) The medical certifier may correct the medical certification of cause of death within 90 days following12 months of the date of death or fetal death. The request shall be submittedto the state registrar with supporting evidence on official letterhead signed and dated by the medical certifier listed on the certificate of death or fetal death.
99.10(3) Any amendment after 90 days followingA correction to the medical certification of the cause of death and substitution of a death certificate requested solely by the medical certifier after 12 months of the date of death or fetal death shall be made by order of a court of competent jurisdictionand considered an amendment. However, the medical certification of cause of death may be amended at any time upon submission of a report of autopsy or toxicological findings or additional findings by the county or state medical examiner.
99.10(4) No fee shall be charged for correction, substitution or amendment made pursuant to this rule.
Public Health Department
Promoting and protecting the health of Iowans
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- Des Moines, IA 50319
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Open For Comments
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Public Hearing
Official Document
- Correction or substitution of medical certification of cause of death, 99.10
- Published on 12/25/2024
- 60 Views , 0 Comments
- Notice of Intended Action
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 12/25/2024.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 641-99.10About
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