ARC 9175C - Iowa Administrative Rules

Adopted and Filed

Correction or substitution of medical certification of cause of death, 99.10

Untitled document

ARC 9175C

PUBLIC HEALTH DEPARTMENT[641]

Adopted and Filed

Rulemaking related to vital records modifications

The Department of Health and Human Services hereby amends Chapter 99, “Vital Records Modifications,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted 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 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.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 25, 2024, as ARC 8563C. A public hearing was held on the following date(s):

●January 16, 2025

●January 21, 2025

No one attended the public hearings.

The Department received public comments from a county veterans’ organization that requested changes from the Noticebe made to better reflect the intent of the underlying legislation. In addition, the Administrative Rules Review Committee Vice Chair requested that the Department review the Noticeand make any changes needed to better align with the intent of the underlying legislation.

As a result of public comments, changes from the Notice have been made to add a definition of “authorized medical certifier” and to add language allowing an authorized medical certifier to request correction or substitution of the medical certification of the cause of death in the event the medical certifier listed on the certificate of death or fetal death is no longer licensed to practice in the state of Iowa.

Adoption of Rulemaking

This rulemaking was adopted by the Department on April 4, 2025.

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.

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).

Effective Date

This rulemaking will become effective on July 1, 2025.

The following rulemaking action is adopted:

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.

a. In the event the medical certifier listed on the certificate of death or fetal death is no longer licensed to practice in the state of Iowa, an authorized medical certifier may request correction or substitution of the medical certification of cause of death.

b. For the purposes of this rule, “authorized medical certifier” means an Iowa-licensed physician, physician assistant, advanced registered nurse practitioner, or medical examiner who has knowledge of and access to the medical records associated with the decedent’s care at the time of 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 deathor by an authorized medical certifier.

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 or by an authorized 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.

[Filed 4/4/25, effective 7/1/25]

[Published 4/30/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/30/25.