Sponsor Statement for CS for HB 383 (Jud)

An Act Relating to Expected Deaths that Occur at Home

Expected home death describes a circumstance whereby a person has a limited life expectancy and wants to die at home. This person receives care from a home health care or hospice agency. When the individual dies at home, a registered nurse pronounces death and assists the family with contacting the attending physician and funeral director and providing support to the family. Having additional personnel in the home at this time can cause unnecessary stress.

Committee Substitute for House Bill 383(Jud) states it is not necessary for law enforcement to respond to the scene of an expected home death unless requested to do so. Some interpret current law as requiring peace officers to be notified of and to respond to the scene of all instances of death. Statutes require the state medical examiner and a peace officer to be notified of deaths that appear to occur under certain circumstances. The types of death include, among others, those caused by unknown or criminal means, those occurring under suspicious or unusual circumstances and those unattended by a practicing physician. In these instances, peace officers should respond to the scene of the death upon being notified of its occurrence.

Even though expected home deaths do not fall under any of the above categories, varying interpretations of the phrase "unattended by a practicing physician" have resulted in them being handled differently throughout the state. An expected home death is not "unattended" regardless of whether the physician was physically present at the time of death. In common medical and legal terminology, a patient is "attended" by a physician when that patient is receiving treatment and under the care and supervision of a physician.

Committee Substitute for House Bill 383(Jud) states that peace officers do not need to respond to the scene of an expected home death provided that certain criteria are met. A form signed by the person’s physician concerning the expectation that the death would occur due to the person’s state of health must be on file with the local law enforcement agency. The death must occur at the dead person’s home as expected, and a person authorized to determine and pronounce death must do so. If these criteria are met, a peace officer need not respond to the scene of the death.

The legislation specifies, however, that a person is not prohibited from requesting a peace officer to respond if a death investigation may be appropriate. Nor does it relieve a person of the duty of notifying the medical examiner and peace officer if the death occurs in a manner other than expected.

Death at home can be a natural, smooth occurrence, and removing unnecessary steps and personnel from the situation reduces the trauma to the family. Committee Substitute for House Bill 383(Jud) clarifies statutes to allow this to happen without undue intrusion, while still providing that the interests of the state and the deceased are protected.

Last updated 04-14-98

Sponsor Statement for House Bill 383

An Act Relating to Expected Deaths that Occur at Home or in a Health Care Facility

Expected home death describes a circumstance whereby a person who has a limited life expectancy and wants to die at home completes an "Expected Home Death Case Report" signed by the attending physician and files a copy of this form with the State Medical Examiner. Alaska statutes list the criteria necessary for a circumstance to be considered an expected home death and specify conditions under which a registered nurse may make a determination and pronouncement of death in these circumstances.

House Bill 383 amends statutes pertaining to expected home deaths by removing perceived contradictions in law regarding whose responsibility it is to sign the death certificate in these cases. It also adds a new section that states it is not necessary to notify a peace officer in the event of a properly documented expected home death.

Current law requires that both law enforcement officials and the state medical examiner be notified in all instances of death regardless of cause. The law is somewhat unclear as how and when peace officers are to be involved in an expected home death situation; however it is explicit in its requirement that the person’s body may not be moved without the permission of the state medical examiner. This lack of clarity has caused some confusion and discrepancies in the way expected home deaths are handled throughout the state.

Experiencing the death of a family member is a difficult and emotionally charged event, and requiring additional personnel to the situation can cause unnecessary stress. House Bill 383 removes the requirement that peace officers be notified in the event of an expected home death provided that the procedure for filing an expected home death case report has been followed, and the person authorized to pronounce death believes the death occurred as anticipated.

Death from a terminal illness or natural causes is a normal life event and should be treated as such. House Bill 383 amends current statutes to allow this to happen without undue intrusion, while still providing that the interests of the state and the deceased are protected.

HB383/SS/2/12/98