Judges: WILLIAM L. WEBSTER, Attorney General
Filed Date: 11/19/1990
Status: Precedential
Modified Date: 7/5/2016
Carl M. Koupal, Jr., Director Department of Economic Development P.O. Box 1157 Jefferson City, MO 65102-1157
Dear Mr. Koupal:
This opinion is in response to your question asking:
The last sentence of Section
193.175 RSMo states "If the body is to be cremated, a completed death certificate shall be filed with the local registrar prior to cremation and shall authorize cremation except as stated in section193.145 of this act."Would it violate Section
193.175 for a body to be cremated in the state of Missouri before a completed death certificate is filed with the local registrar if the cause of death can be determined within seventy-two (72) hours after death?
Section
193.175 . Person in charge of final disposition of dead body to file notification of death — cremation, requirements. — The funeral director or person acting as such in charge of final disposition of a dead body shall file a completed notification of death with the local registrar where the death occurred. Such notification of death shall be on a form or in a format prescribed and furnished by the state registrar and shall be filed or postmarked prior to the date of final disposition of the body. Such notification of death shall authorize final disposition except as otherwise stated in this section or in section193.145 . If the body is to be cremated, a completed death certificate shall be filed with the local registrar prior to cremation and shall authorize cremation except as stated in section193.145 .
Whether Section
One must look to Section
8. If the cause of death cannot be determined within seventy-two hours after death, the medical examiner or coroner or attending physician or local registrar shall give the funeral director, or person acting as such, notice of the reason for the delay, and final disposition of the body shall not be made until authorized by the medical examiner or coroner or attending physician or local registrar. (Emphasis added.)
As can be seen by the plain language of Section
CONCLUSION
It is the opinion of this office that if the cause of death can be determined within seventy-two (72) hours after death, Section
Very truly yours,
WILLIAM L. WEBSTER Attorney General