Decree of the Ministry of Health of the Czech Socialist Republic No. 19 / 1988 Coll.
Decree of the Ministry of Health of the Czech Socialist Republic on death and burial
Valid
Effective from 01.04.1988
19
DECLARATION
Ministry of Health of the Czech Socialist Republic
of 9 November 1987
on death and burial procedures
The Ministry of Health of the Czech Socialist Republic provides pursuant to § 82 of Act No. 20 / 1966 Coll., on the care of the health of the people:
DEATH PROCEDURE
Notification of death and inspection of the dead
(1) The death and the finding of a dead body outside a medical facility must be notified without delay to the local or racing district doctor or, where appropriate, to the doctor responsible for carrying out that activity (the "district doctor") in whose district the death occurred or found; at a time outside the regular operation of medical facilities, the death shall be notified to the medical service of first aid. If it is suspected that the death was caused by a criminal offence or suicide, the death shall also be notified to the National Security Corps (SNB) body without delay.
(2) Any person who has learned of death or found a body dead and does not know whether death has already been reported has a reporting obligation.
(3) The death of a person who has died in a care institution, in another establishment providing treatment, provision or similar care, or at the workplace, is required to notify the district physician (first aid medical service) of the head of such institution, establishment or work or, where appropriate, of his authorised staff.
(4) Deaths in a health institution, social care institution or other establishment providing treatment, provision or similar care are notified without delay to persons close to the deceased (1)
(1) The purpose of the examination of the dead is to determine the death and its causes.
(2) If there has been a death outside a medical facility, the competent district doctor or first-aid medical doctor shall examine the dead.
(3) Inspection of persons who have died in training facilities and equipment of the armed forces or armed corps shall be carried out by the doctors of those forces and corps or by the competent medical practitioners (first-aid medical doctors).
(4) Where the competent district doctor or, where applicable, the medical emergency doctor (paragraph 2), or the doctor designated by the director (s) of the medical institution where the death occurred (hereinafter "the attending doctor '), the deceased has been treated or assisted in the birth of a child who was born or is related to the deceased, another doctor designated by the director (s) of the medical establishment concerned shall examine the deceased. If the director (s) of the deceased has, prior to death, treated or assisted in the delivery of a child born dead or related to the deceased, the superior shall designate another doctor's director (s) of the healthcare facility.
(1) If the examining physician does not decide to perform the autopsy, he shall report the death immediately after the examination of the dead to the competent national committee responsible for the management of the matrix, on the death certificate. 2)
(2) In cases where an obligation to perform an autopsy is provided for by this decree (§ 4 (2) and (3)), the viewing physician shall decide on the death certificate (2) to carry it out, order the transport of the dead and at the same time send a preliminary report of death to the national committee responsible for the management of the matrix. (3)
(3) If the examining physician suspects that the death was caused by a criminal offence or suicide, he shall immediately notify the competent authority of the SNB thereof. The SNB shall also make the notification without delay after the inspection of the dead unloaded from the means of transport or the dead unknown identity.
(4) If a communicable disease is the cause of death, the death of a person with a communicable disease, or if the examining physician suspects that the communicable disease is the cause of death, he shall immediately notify the competent authority of the health service and, after consulting him, ensure that basic anti-epidemic measures are implemented.
(5) Only autopsies, other dissection procedures (§ 7) or removal of tissues and organs may be performed on the dead body. No other performance, including removal of dental prosthesis from precious metals, shall be performed on the dead body.
Autopsy
(1) Autopsy of the dead are carried out:
(a) to determine the underlying disease, complications, causes of death and to verify diagnosis and treatment of persons deceased in health care establishments;
(b) identifying causes of death and clarifying others from a health point of view of serious circumstances and the mechanism of death in persons who have died sudden, unexpected or violent deaths, including suicide;
(c) for scientific research and teaching purposes;
(d) if the death is suspected to have been caused by a criminal act.
(2) In order to determine the underlying disease, complications, causes of death and to verify the diagnosis and treatment of persons deceased in health care establishments, an autopsy shall be carried out by the pathology department (prosecture), which shall:
(a) children who are stillborn or children who are under 15 years of age, and adolescents to the extent specified by the head of the health care establishment;
(b) women who have died in connection with pregnancy, abortion, childbirth or six-weeks,
(c) persons who have received radioactive radiators, pacemakers or other further usable implanted objects;
(d) if an organ or tissue for transplantation has been removed from the dead body except where an autopsy is carried out in accordance with paragraph 3.
(3) In order to identify the causes of death and to clarify others from a health point of view of serious circumstances and the mechanism of death in persons who died suddenly, unexpectedly or violently, including suicide, an autopsy is carried out by the medical examiner of the judicial department, who must:
(a) in the event of sudden death, if the cause of death could not be ascertained when examining the dead;
(b) persons killed by violent deaths, including suicide;
(c) if the death was caused by industrial poisoning or accidents in the performance of work or if there is a suspicion that the death was due to these causes;
(d) persons who have died in custody or in the execution of a prison sentence;
(e) it is suspected that death may be due to malpractice in the performance of health services.
(4) In the event of a reasoned suspicion of contamination with dead radioactive substances, the viewer shall inform the head of the health care facility. In such a case, the competent health service authority shall decide to perform the autopsy, taking into account medical equipment, the means of protecting dissecting and other workers in accordance with specific regulations. 5)
(5) According to the result of the autopsy, the competent health service authority may also order a special arrangements for transporting the dead or burial.
(6) If the death is suspected to have been caused by a criminal offence, they order an autopsy and cover the costs of such an autopsy by law enforcement authorities.
(1) If a doctor decides to perform an autopsy when examining a dead person, he shall ensure that the body is transported to the hospital where the autopsy takes place, and the cost of such transport shall be borne by the county national health institution in whose district the person died or the body of the dead person has been found.
(2) The transport of the dead for autopsy for scientific research or teaching purposes ensures and bears the costs of such transport of equipment entrusted with scientific research or teaching activities in which the autopsy is carried out (§ 6 (2)).
(3) The transport of the body to an autopsy ordered by the law enforcement authority shall be secured and borne by the body which ordered the autopsy.
(1) Autopsy may be carried out at least two hours after the examination physician has determined death.
(2) Autopsy shall be carried out in the pathology (prosecture) department of the hospital with a clinic or another medical facility, or in the medical department of the hospital with a clinic or another medical establishment, as appropriate. If the autopsy is carried out on the grounds referred to in Section 4 (3) (c), the doctor of the competent department (clinic) of the occupational disease shall be invited to the autopsy. Autopsy for scientific research and teaching purposes shall be carried out in facilities entrusted with scientific research or teaching activities.
(3) The doctor who performed the autopsy shall immediately draw up a report on the autopsy. If there is an autopsy carried out by a pathology or medical examiner, the autopsy report shall be signed by the head of the department responsible in addition to the autopsy physician. The doctor who performed the autopsy will complete and immediately send a death certificate (2) to the national committee responsible for the management of the matrix.
(4) If, when performing the autopsy, there is a suspicion that the death was caused by a criminal offence, the autopsy shall be suspended. This fact shall be notified immediately by the physician to the competent authority of the SNB with the proposal for an autopsy order by the law enforcement authority where the autopsy was initiated and shall also be indicated on the death certificate. (6) in which case, he shall draw up an autopsy report, complete and send a certificate of inspection of dead2). If an autopsy is not ordered by the law enforcement authority, the autopsy shall be completed initially.
(5) Specific provisions are in force on autopsies of members of the armed forces and armed corps who have died outside medical facilities.
Other autopsy operations
(1) In particularly justified cases, where appropriate conditions are created, the head of the health care establishment may allow embalming of the dead body. The embalming costs shall be borne by the person who requested his permission.
(2) If a cardiostimulator or other subject applicable to the further provision of medical services to Czechoslovak citizens is implanted in the body of a dead Czechoslovak citizen, it will be removed from the body during the autopsy and provided with the necessary care.
(3) In the case of autopsies for the reasons set out in Article 4 (1) (a) or (b), the tasks to be performed for teaching purposes may be to the extent specified by the head of the health care establishment.
Removal of tissues and organs from bodies of the dead
(1) For special diagnostic tests and for therapeutic and scientific research purposes, the bodies of the dead may be removed after the death of the tissue if this can be done in a way that does not endanger even a living person.
(2) If the nature of the withdrawn authority or the purpose of its use so requires, the tissues and organs (hereinafter referred to as "the authorities') may exceptionally be removed before two hours have elapsed since the detection of death under conditions laid down by the Ministry of Health of the Czech Republic by a special regulation. 7)
(3) The organs can be removed only on condition that the purpose of the autopsy is not thwarted, especially if the examining physician suspects the crime.
(4) The organs must not be removed from the dead:
(a) for the deceased, who have declared in writing that they do not agree to the withdrawal,
(b) if the examining physician cannot identify the cause of death of the brain, or if the cause of death is suspected to be a communicable disease,
(c) for the deceased in the execution of a prison sentence. 8)
_
Burial obligation
(1) A funeral may be abandoned if the dead body is to be used permanently for scientific or educational purposes. In this way, the bodies of deceased persons can be used,
(a) which have given written consent before death;
(b) whose identity cannot be ascertained; or
(c) which, within 96 hours of the detection of death by the examining physician, no one has applied for, despite the fact that persons close to them (1) have been shown to have been informed in good time if the deceased had not taken a funeral measure before death.
(2) Medical facilities, social care institutes or other facilities providing citizens with the treatment, provision or similar care in which such persons have died are required to cooperate with anatomical institutes of medical faculties in the provision of dead bodies for scientific and educational purposes.
(1) Before burial, or prior to determining the body of the dead for scientific or educational purposes, it shall be demonstrated that an examination has been carried out and, where appropriate, an autopsy of the dead.
FINAL PROVISIONS
Repeal
They shall be deleted:
(a) Decree of the Ministry of Health No 47 / 1966 Coll., on funeral services;
(b) point 22-24 of the instructions of the Ministry of Health of the Czech Republic No 25 / 1973. MZ ČSR on reporting and registration of occupational diseases, professional poisoning and other damage to health from work.
Efficacy
This Decree shall take effect on 1 April 1988.
Minister:
Prof. MUDr. Prohill CSc. v. r.
1) § 116 of the Civil Code.
2) Form SEVT 14 1050.
3) Form SEVT 14 1680.
4) Paragraph 115 (1) of the Criminal Code.
5) Decree of the Ministry of Health of the Czech Republic No. 59 / 1972 Coll., on the protection of health from ionizing radiation.
6) § 105 of the Code of Criminal Procedure.
7) Directive No 24 / 1977 of the Ministry of Health of the Czech Republic. MZ ČSR on the conditions for extraordinary removal of tissues and organs from bodies of the dead (reg. 11 / 1978 Coll.), as amended by Directive No 1 / 1984. MZ ČSR (reg. in amount 10 / 1984 Coll.).
8) Article 3 of Directive No 24 / 1977. MZ ČSR, as amended by Directive No 1 / 1984. MZ ČSR.
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Regulation Information
| Citation | Decree of the Ministry of Health of the Czech Socialist Republic No. 19 / 1988 Coll., on the procedure for death and the funeral home |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.02.1988 |
|---|---|
| Effective from | 01.04.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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