144.27 Funeral director’s duties — death certificate — disposition of unclaimed veterans’ remains.
1. The funeral director who first assumes custody of a dead body shall file the death certificate, obtain the personal data from the next of kin or the best qualified person or source available and obtain the medical certification of cause of death from the person responsible for completing the certification. When a person other than a funeral director assumes custody of a dead body, the person shall be responsible for carrying out the provisions of this section.
2. a. A funeral director responsible for filing a death certificate under this section may after a period of one hundred eighty days release to the department of veterans affairs the name of a deceased person whose cremated remains are not claimed by a person authorized to control the decedent’s remains under section 144C.5, for the purposes of determining whether the deceased person is a veteran or dependent of a veteran and is eligible for inurnment at a national or state veterans cemetery. If obtained pursuant to subsection 1, the funeral director may also release to the department of veterans affairs documents of identification, including but not limited to the social security number, military service number, and military separation or discharge documents, or such similar federal or state documents, of such a person.
b. If the department of veterans affairs determines that the cremated remains of the deceased person are eligible for inurnment at a national or state veterans cemetery, the department of veterans affairs shall notify the funeral director of the determination. If the cremated remains have not been claimed by a person authorized to control the decedent’s remains under section 144C.5 one hundred eighty days after the funeral director receives notice under this paragraph “b”, all rights to the cremated remains shall cease, and the funeral director shall transfer the cremated remains to an eligible veterans organization if the eligible veterans organization has secured arrangements for the inurnment of the cremated remains at a national or state veterans cemetery. For purposes of this subsection, an “eligible veterans organization” means a veterans service organization organized for the benefit of veterans and chartered by the United States Congress or a veterans remains organization exempt from federal income taxes under section 501(c)(3) of the Internal Revenue Code that is recognized by the department of veterans affairs to inurn unclaimed cremated remains.
c. A funeral director providing information or transferring cremated remains shall be immune from criminal, civil, or other regulatory liability arising from any actions in accordance with this subsection. In addition, the department of veterans affairs, a national or state veterans cemetery, and an eligible veterans organization shall be immune from criminal, civil, or other regulatory liability arising from any actions in accordance with this subsection. Such immunity shall not apply to acts or omissions constituting intentional misconduct.
[C24, 27, 31, 35, 39, §2321; C46, 50, 54, 58, 62, 66, §141.5; C71, 73, 75, 77, 79, 81, §144.27]
97 Acts, ch 159, §15; 2016 Acts, ch 1033, §1
Referred to in §331.611
Structure Iowa Code
Chapter 144 - VITAL STATISTICS
Section 144.2 - Division of records and statistics.
Section 144.3 - Rules adopted.
Section 144.5 - Duties of registrar.
Section 144.9 - County recorder as registrar.
Section 144.11 - Public access to records.
Section 144.12 - Forms uniform.
Section 144.12A - Declaration of paternity registry.
Section 144.13 - Birth certificates.
Section 144.13A - Fees — use of funds — electronic birth certificate system.
Section 144.13B - Waiver of fees — military service.
Section 144.15 - Delayed registrations of birth.
Section 144.16 - Delayed registration of death or marriage.
Section 144.17 - Petition to establish certificate.
Section 144.18 - Court hearing.
Section 144.19 - Adoption certificate.
Section 144.21 - Amended record.
Section 144.22 - Clerk to report to state registrar.
Section 144.23 - State registrar to issue new certificate.
Section 144.24 - Substituting new for original birth certificates — inspection.
Section 144.25 - No previous certificate — procedure.
Section 144.25A - Certificate of birth — foreign and international adoptions.
Section 144.26 - Death certificate.
Section 144.28 - Medical certification.
Section 144.29 - Fetal deaths.
Section 144.29A - Termination of pregnancy reporting — legislative intent.
Section 144.30 - Funeral director’s duty — fetal death certificate.
Section 144.31 - Medical certification — fetal death.
Section 144.31A - Certificate of birth resulting in stillbirth.
Section 144.32 - Burial transit permit.
Section 144.33 - Bodies brought into state.
Section 144.34 - Disinterment — permit.
Section 144.35 - Extensions of time by rules.
Section 144.36 - Marriage certificate filed — prohibited information.
Section 144.37 - Dissolution and annulment records.
Section 144.38 - Amendment of official record.
Section 144.39 - Change of name.
Section 144.40 - Paternity of children — birth certificates.
Section 144.41 - Amending local records.
Section 144.42 - Reproduction of original records.
Section 144.43 - Vital records closed to inspection — exceptions.
Section 144.43A - Mutual consent voluntary adoption registry.
Section 144.44 - Permits for research.
Section 144.45 - Certified copies.
Section 144.45A - Commemorative birth and marriage certificates.
Section 144.46A - Vital records fund.
Section 144.47 - Persons confined in institutions.
Section 144.48 - Institutions — dead persons.
Section 144.49 - Additional record by funeral director.
Section 144.50 - Length of time records to be kept.
Section 144.51 - Information by others furnished on demand.
Section 144.52 - Unlawful acts — punishment.
Section 144.53 - Other acts — simple misdemeanors.
Section 144.54 - Report to county attorney.
Section 144.55 - Attorney general to assist in enforcement.
Section 144.57 - Public safety officer death — required notice — autopsy.