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H0318......................................................by STATE AFFAIRS
STATE MEDICAL EXAMINER - Adds to and amends existing law to create the
office of the State Medical Examiner and an advisory commission to appoint
the medical examiner and recommend policies; to provide the authority of
the medical examiner to establish a protocol to govern how death
investigations are conducted; to require the medical examiner to conduct
autopsies; and to provide funding for the office.
03/02 House intro - 1st rdg - to printing
03/03 Rpt prt - to St Aff
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 Rules susp - FAILED - 31-39-0
AYES -- Alltus, Bieter, Black, Boe, Callister, Chase, Cuddy, Deal,
Ellsworth, Field(13), Gagner, Hansen(23), Hansen(29), Henbest,
Jaquet, Jones, Judd, Kellogg, Marley, Meyer(Duncan), Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sellman, Smith, Smylie, Stone,
Trail, Watson
NAYS -- Barraclough, Barrett, Bell, Bruneel, Campbell, Clark, Crow,
Denney, Field(20), Geddes, Gould, Hadley, Hammond, Hornbeck, Kempton,
Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, McKague,
Montgomery, Mortensen, Moyle, Pischner, Sali, Schaefer, Stevenson,
Stoicheff, Taylor, Tilman, Tippets, Wheeler, Williams, Wood,
Zimmermann, Mr Speaker
Absent and excused -- None
Floor Sponsor - Henbest
Filed with Chief Clerk
H0318|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 318 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CREATION OF THE OFFICE OF THE STATE MEDICAL EXAMINER; AMENDING 3 TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 87, TITLE 67, IDAHO 4 CODE, TO CREATE THE OFFICE OF THE STATE MEDICAL EXAMINER, TO CREATE THE 5 MEDICAL EXAMINER ADVISORY COMMISSION, TO PROVIDE THE POWERS AND DUTIES OF 6 THE STATE MEDICAL EXAMINER, TO REQUIRE REPORTS AND RECORDS FROM THE MEDI- 7 CAL EXAMINER, TO GOVERN THE ADMISSIBILITY OF RECORDS OF THE MEDICAL EXAM- 8 INER AS EVIDENCE AND TO PROVIDE FOR TRAINING AND SUPPORT BY THE MEDICAL 9 EXAMINER; AMENDING SECTION 19-4301, IDAHO CODE, TO SPECIFY CIRCUMSTANCES 10 WHICH GOVERN THE INVESTIGATION OF DEATHS; AMENDING SECTION 19-4301B, IDAHO 11 CODE, TO GOVERN THE REQUIREMENTS FOR PERFORMANCE OF AUTOPSIES; AMENDING 12 CHAPTER 43, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 13 19-4301E, IDAHO CODE, TO GOVERN THE CONDITIONS REQUIRING EXHUMATION OF A 14 BODY; AMENDING SECTION 39-252, IDAHO CODE, TO INCREASE THE FEE FOR COPIES, 15 SEARCHES AND OTHER SERVICES BY THE STATE REGISTRAR AND DEDICATE THE 16 INCREASE TO THE PURPOSES OF THE OFFICE OF THE STATE MEDICAL EXAMINER AND 17 TO MAKE A TECHNICAL CORRECTION; AND PROVIDING EFFECTIVE DATES. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Title 67, Idaho Code, be, and the same is hereby amended 20 by the addition thereto of a NEW CHAPTER , to be known and desig- 21 nated as Chapter 87, Title 67, Idaho Code, and to read as follows: 22 CHAPTER 87 23 STATE MEDICAL EXAMINER 24 67-8701. STATE MEDICAL EXAMINER. There is hereby established in the 25 department of self-governing agencies, the office of the state medical exam- 26 iner. The state medical examiner shall be appointed by the medical examiner 27 advisory commission and shall serve at the pleasure of the commission. The 28 state medical examiner shall be a physician licensed to practice medicine in 29 Idaho and board certified in forensic pathology. 30 The medical examiner shall designate physicians, including county employ- 31 ees when authorized and qualified by their special training, to conduct foren- 32 sic examinations. 33 67-8702. MEDICAL EXAMINER ADVISORY COMMISSION. (1) There is hereby cre- 34 ated the medical examiner advisory commission consisting of the following 35 individuals: 36 (a) A prosecuting attorney; 37 (b) The state appellate public defender or his designee; 38 (c) One (1) licensed physician; 39 (d) An employee at the state laboratory assigned to criminal investiga- 40 tions; 41 (e) A representative of the public; 2 1 (f) A sheriff; 2 (g) A local law enforcement officer; and 3 (h) A coroner. 4 (2) All members of the commission, except the state appellate public 5 defender or his designee, shall be appointed to the commission by the governor 6 subject to confirmation by the senate. The first members so appointed shall 7 begin their terms of office on July 1, 1999, with four (4) of those members 8 serving for initial terms of two (2) years each and three (3) of those members 9 serving for initial terms of four (4) years each, as such terms are specified 10 in their appointment. After those initial terms, appointed members shall be 11 appointed by the governor for terms of four (4) years each. Each appointed 12 member shall serve the term specified in this subsection and until the 13 appointment and qualification of that member's respective successor. Any 14 vacancy on the commission shall be filled by the appointment of a successor 15 who meets the qualifications for the vacated membership position to which the 16 person is appointed. The governor may remove any member appointed to the com- 17 mission for neglect of duty, misconduct or incompetence. 18 (3) Members of the commission who are not public officeholders shall 19 receive per diem and expenses as provided in section 59-509(h), Idaho Code. 20 (4) The first meeting of the commission shall be held on a date desig- 21 nated by the governor. Members shall elect a chairman and vice-chairman and 22 provide for the organization of the commission. The commission shall meet at 23 least semiannually and at such additional times as necessary to carry out its 24 duties. The commission shall appoint the state medical examiner and recommend 25 policies to improve the investigation of deaths in this state to the state 26 medical examiner. The commission shall advise the state medical examiner in 27 performance of duties specified in section 67-8703, Idaho Code. 28 67-8703. POWERS AND DUTIES OF THE MEDICAL EXAMINER. The powers and duties 29 of the state medical examiner include, but are not limited to, the following: 30 (1) Providing assistance and consultation to coroners and law enforcement 31 officers; 32 (2) Providing court testimony when necessary to accomplish the purposes 33 of this chapter; 34 (3) Stimulating and directing research in the field of forensic pathol- 35 ogy; 36 (4) Maintaining an ongoing educational and training program for coroners 37 and law enforcement officers; 38 (5) Establishing by cooperative agreement with appropriate state agen- 39 cies, the means of providing assistance to and receiving assistance from the 40 state laboratory, law enforcement officials, and others as may be required or 41 deemed necessary; 42 (6) Adopting rules, as provided in chapter 52, title 67, Idaho Code, to 43 implement the provisions of this chapter; 44 (7) Developing and adopting, by rule, a uniform protocol for conducting 45 death investigations in any of the causes of death delineated in section 46 19-4301A, Idaho Code; and 47 (8) Performing autopsies as required by law. 48 67-8704. REPORTS AND RECORDS. (1) The medical examiner shall keep and 49 maintain full and complete original records, properly indexed, giving the 50 name, if known, or otherwise identifying every person whose death is investi- 51 gated, the place where the body was found, the date, the cause and manner of 52 death, the occupation of the decedent if available, and all other relevant 53 information concerning the death. A full report and detailed findings of the 3 1 autopsy or report of the investigation shall be part of the record in each 2 case. 3 (2) The county prosecuting attorney, the attorney general, or other law 4 enforcement official having jurisdiction may, upon written request, secure 5 copies of the original records where necessary for the performance of their 6 duties. 7 (3) Unless there is an ongoing criminal investigation into the cause of 8 the decedent's death, the medical examiner shall make available, upon request, 9 copies of all reports, findings and records gathered or compiled in the inves- 10 tigation of a death to the decedent's next-of-kin, legal representative, or 11 physicians who attended the decedent during the year before death, upon their 12 written request for the release of documents. 13 (4) The medical examiner shall maintain the confidentiality of the 14 records and shall only release them as provided herein. 15 67-8705. RECORDS OF MEDICAL EXAMINER -- EVIDENCE. The records of the med- 16 ical examiner or transcripts thereof certified by the medical examiner are 17 admissible as evidence in any civil or criminal action in any court in this 18 state except that statements by witnesses or other persons as conclusions upon 19 extraneous matters are not hereby made admissible. The person who prepared a 20 report or record offered in evidence hereunder may be subpoenaed as a witness 21 in the case by any party. Nothing in this section shall be construed to affect 22 any rule of criminal procedure regarding the admissibility of medical and/or 23 scientific reports at a preliminary hearing. 24 67-8706. TRAINING AND SUPPORT. The medical examiner shall conduct and 25 maintain training which shall be made available to every coroner and deputy 26 coroner. Within one (1) year of the first election of a coroner, he shall par- 27 ticipate in a course of not less than forty (40) hours of training provided by 28 the state medical examiner. Thereafter, annually, he shall complete a course 29 of continuing education as provided in rules adopted by the office of the med- 30 ical examiner. 31 SECTION 2. That Section 19-4301, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 19-4301. CORONER TO INVESTIGATE DEATHS. When a coroner is informed that a 34 person in his county has died: 35 (a) As a result of violence whether apparently homicidal, suicidal or 36 accidental, or 37 (b) Under suspicious or unknown circumstances, or 38 (c) When not attended by a physician during his last illness and the 39 cause of death cannot be certified by a physician, or 40 (d) Is a child under the age of three (3) unless the death is clearly 41 certifiable by an attending physician as due to a specific natural cause which 42 does not include a diagnosis of SIDS, or 43 (e) While in the custody of or being taken into the custody of a law 44 enforcement agency or peace officer, or 45 (f) While incarcerated in a prison or jail or confined in a correctional 46 facility owned and operated by the state or a political subdivision of the 47 state, or 48 (g) The death may have resulted from unlawful means, or was of such a 49 nature as to indicate the possibility of death by the hand of the deceased or 50 through the instrumentality of some other person including, but not limited to 51 those apparently resulting from drowning, hanging, burns, electrocution, gun- 4 1 shot wounds, stabs or cuts, starvation, radiation, exposure, strangulation, 2 suffocation or smothering, 3 the coroner must refer the investigation of the death to the sheriff of the 4 county or the chief of police of the city in which the incident causing death 5 occurred; or, if unknown, then in which the death occurred; or, if unknown, 6 then in which the body is found. The investigation shall be the responsibility 7 of said officer who, upon completion of his investigation, shall furnish a 8 written report of the result of such investigation to said coroner. The 9 coroner must follow the protocol prescribed by the medical examiner, and in 10 the event that the coroner does not request an autopsy in such a case, the 11 reasons shall be made a part of the investigative report. The coroner 12 of said county must refer said case to the coroner of the county in which the 13 incident causing death occurred, if known, or if unknown, then in which the 14 death occurred, if known, to hold an inquest. Provided, however, that a coro- 15 ner shall conduct an inquest only if he has reasonable grounds to believe that 16 the death has occurred under any of the circumstances heretofore stated in 17 sections 19-4301(a) or 19-4301(b), Idaho Code. If so, he may summon six (6) 18 persons qualified by law to serve as jurors to appear before him to hold said 19 inquest. 20 Nothing in this section shall be construed to affect the tenets of any 21 church or religious belief. 22 SECTION 3. That Section 19-4301B, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 19-4301B. PERFORMANCE OF AUTOPSIES. The coronermay25 shall , in the performance of his duties under this chapter, summon 26a person authorized to practice medicine and surgery in the state of27Idaho to inspect the body and give a professional opinion as to the cause of28deaththe state medical examiner or his designated representa- 29 tive, to conduct an autopsy . Thecoroner or theprosecut- 30 ing attorney may also order an autopsy performed if it is deemed 31 necessary accurately and scientifically to determine the cause of death. When 32 an autopsy has been performed, pursuant to an order of a coroner or a prose- 33 cuting attorney, no cause of action shall lie against any person, firm or cor- 34 poration for participating in or requesting such autopsy. The state med- 35 ical examiner shall establish, by rule, the amount to be charged to the county 36 for an autopsy, provided that the amount shall not exceed one-half (1/2) the 37 actual cost incurred. 38 SECTION 4. That Chapter 43, Title 19, Idaho Code, be, and the same is 39 hereby amended by the addition thereto of a NEW SECTION , to be 40 known and designated as Section 19-4301E, Idaho Code, and to read as follows: 41 19-4301E. ORDER TO EXHUME BODY. In the case of any death described in 42 section 19-4310A, Idaho Code, when a body is buried without an investigation 43 by the medical examiner as to the cause and manner of death, it shall be the 44 duty of the medical examiner, upon being advised of the fact, to notify the 45 county prosecuting attorney having criminal jurisdiction where the body is 46 buried or death occurred. Upon notification, the county prosecuting attorney 47 having criminal jurisdiction may make application to have the body disinterred 48 in accordance with section 39-269, Idaho Code. 49 SECTION 5. That Section 39-252, Idaho Code, be, and the same is hereby 50 amended to read as follows: 5 1 39-252. FEE FOR COPIES, SEARCHES AND OTHER SERVICES. The state registrar 2 shall be entitled to receive a fee offournot more 3 than twenty dollars ($420 .00) for the mak- 4 ing of certified copies of records or for a search of the files when no copies 5 are made, provided that the national agency in charge of vital statistics may 6 obtain copies or certifications of data from records without payment of fees, 7 provided that the state incurs no expense in connection therewith. The fee 8 shall be reviewed by the board of health and welfare, and future changes in 9 the fee and enactment of fees for other services shall be established by10regulationsrules adopted by the board. Of the fee 11 for copies, searches and other services, five dollars ($5.00) shall be trans- 12 mitted to the state treasury for the purposes of the office of the state medi- 13 cal examiner. 14 SECTION 6. This act shall be in full force and effect on and after July 15 1, 2000, except that the provisions of Section 3 of this act shall be in full 16 force and effect on and after January 1, 2001.
STATEMENT OF PURPOSE
RS09097C1
The purpose of this legislation is to create an Office of the
State Medical Examiner within the Department of Self-Governing
Agencies, and a medical examiner advisory committee appointed by
the Governor and confirmed by the Senate. The State Medical
Examiner would be appointed by the committee. The functions of
the Medical Examiner would include developing and maintaining
continuing education for county coroners, developing and
adopting a uniform protocol for conducting death investigations,
performing autopsies, providing court testimony, and directing
research. This legislation would also further define certain
deaths which are subject to investigation by the coroner.
FISCAL STATEMENT
There is no impact for fiscal year 1999. Estimated cost the
first year (including non-recurring start-up expenses) is
$647,700. A start-up appropriation of $200,000 would come from
the general fund. Thereafter, revenue would be generated from an
increase in the vital statistics fee for birth and death
certificates of $5.00, and reimbursement from counties for
autopsies performed by the state Medical Examiner.
CONTACT: Rep. Margaret Henbest
332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE H 318