290:1 Death Records. – Whenever a person shall die, the physician, advanced practice registered nurse, or physician assistant attending at the last sickness shall complete and deliver to the funeral director, next-of-kin as defined in RSA 290:16, IV, or designated agent under RSA 290:17 or shall complete electronically and forward immediately to the division […]
290:1-a Fetal Death Records. – Whenever a fetal death shall occur, the attending physician, advanced practice registered nurse, or physician assistant shall fill out a fetal death record. This will be solely a statistical report. Source. 1977, 530:4. 1997, 325:10. 2007, 215:16. 2009, 54:5. 2015, 140:16, eff. Jan. 1, 2016.
290:1-b Pronouncement of Death by Registered Nurses. – If an anticipated death occurs in a hospital, a nursing home, a private home served by a home health care provider licensed under RSA 151, an assisted living residence as defined in RSA 161-J:2, II, or a hospice, the registered nurse attending at the last sickness […]
290:10 Record of Death. – The record of death upon which the permit is issued shall be forwarded to the town clerk within 6 days after it is received. Source. 1935, 95:1. RL 168:56.
290:11 Release; Transfer of Body; Liability Limited. – I. No dead body of a human being may be released or transferred from any residence, hospital, or other facility to any person other than a funeral director or designee, or to the next-of-kin as defined in RSA 290:16, IV, or designated agent under RSA 290:17 […]
290:12 By Whom. – Such transfer shall be made under the direction of a funeral director, next-of-kin as defined in RSA 290:16, IV, or designated agent under RSA 290:17, and the funeral director, funeral director’s representative, next-of-kin, or designated agent shall leave with the institution from which or the person from whom such body […]
290:13 To Another Town. – Any body for which a burial or removal permit has been secured, in accordance with the provisions of this chapter, may be taken through or into another town for funeral services without additional permits. Source. 1935, 95:1. RL 168:45.
290:14 Penalty. – Any person who shall violate any of the provisions of RSA 290 shall be guilty of a misdemeanor. Source. 1935, 95:1. RL 168:58. RSA 290:14. 1973, 528:187, eff. Oct. 31, 1973 at 11:59 p.m.
290:15 Order for Disinterment. – A justice, upon complaint made on oath by any person that he has reasonable ground for suspecting that a deceased person who has been interred came to his death by some unlawful means, may issue his warrant, requiring that the body shall be disinterred and examined, and may summon […]
290:16 Definitions. – In this subdivision: I. "At-need funeral arrangements" means funeral arrangements made after death. II. "Custody and control" means the right to make all decisions, consistent with applicable laws, regarding the handling of a dead body, including but not limited to possession, at-need funeral arrangements, final disposition, and disinterment. III. "Estranged" means […]
290:17 Custody and Control Generally. – The custody and control of the remains of deceased residents of this state are governed by the following provisions: I. If the subject has designated a person to have custody and control in a written and signed document, custody and control belong to that person. The person designated […]
290:18 Estranged Spouse. – Notwithstanding RSA 290:17, if the surviving spouse and the subject were estranged at the time of death, the spouse shall not have custody and control of the subject’s remains. In this case, custody and control belong to the next of kin following the spouse. Source. 1996, 283:18, eff. Jan. 1, […]
290:19 Court Determination. – Notwithstanding other provisions of this subdivision, the court of probate for the residence of the deceased may award custody and control to the person determined by the court most fit and appropriate to carry out the responsibilities of custody and control, and may make decisions regarding the subject’s remains if […]
290:2 Repealed by 1977, 530:7, eff. Sept. 13, 1977. –
290:2-a Release of Body. – No dead body of a human being shall be removed from a hospital, a nursing home, a private home served by a home health care provider licensed under RSA 151, or a hospice without a pronouncement of death certified by hand or other approved electronic process by a physician […]
290:20 Wishes of Subject. – If the subject has left written and signed instructions regarding funeral arrangements and disposal of the subject’s remains, the person having custody and control shall abide by those wishes to the extent that the subject paid for those arrangements in advance or left resources for the purpose of carrying […]
290:21 Effect of Payment by Others. – Except to the degree it must be considered by the court under RSA 290:19, IV, the fact that a person other than the subject has paid or agreed to pay for all or part of arrangements does not give that person a greater right to custody and […]
290:22 Authority of Personal Representative. – The personal representative of the estate of the subject does not, by virtue of being the personal representative, have a greater right to custody and control than the person would otherwise have. Source. 1996, 283:18, eff. Jan. 1, 1997.
290:23 Immunity. – A party who, in good faith, acts upon the instructions of the party having custody and control is not liable for having carried out those instructions. Source. 1996, 283:18, eff. Jan. 1, 1997.
290:24 Ownership of Cemetery Plots or Burial Spaces. – The ownership of a cemetery plot or burial space, as defined under RSA 289:1, II, shall be governed by the following provisions: I. If the deceased has designated a person to assume ownership of the cemetery lot or burial space in a written and signed […]
