H0515aa....................................................by STATE AFFAIRS MEDICAL EXAMINER - Adds to and amends existing law to create the office of the State Medical Examiner; to create an advisory commission to appoint the medical examiner and recommend policies; to provide authority of the medical examiner to establish a protocol to govern how death investigations are conducted; and to require the medical examiner to conduct autopsies. 02/04 House intro - 1st rdg - to printing 02/07 Rpt prt - to St Aff 02/22 Rpt out - to Gen Ord Rpt out amen - to engros 02/23 Rpt engros - 1st rdg - to 2nd rdg as amen 02/24 2nd rdg - to 3rd rdg as amen 02/28 3rd rdg as amen - PASSED - 38-29-3 AYES -- Alltus, Bell, Bieter, Black, Boe, Callister, Campbell, Chase, Cuddy, Deal, Ellsworth, Field(13), Field(20), Gagner, Gould, Henbest, Hornbeck, Jaquet, Judd, Marley, Meyer, Montgomery, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sellman, Shepherd, Smith, Smylie, Stoicheff, Stone, Trail, Zimmermann, Mr Speaker NAYS -- Barraclough, Barrett, Bruneel, Cheirrett, Clark, Crow, Denney, Geddes, Hadley, Hammond, Hansen(23), Hansen(29), Kellogg, Kempton, Kendell, Lake, Linford, Loertscher, Mader, McKague, Mortensen, Moss, Pischner, Sali, Stevenson, Taylor, Tilman, Wheeler, Wood Absent and excused -- Jones, Kunz, Schaefer Floor Sponsor - Henbest Title apvd - to Senate 02/29 Senate intro - 1st rdg as amen - to St Aff 03/14 Rpt out - rec d/p - to 2nd rdg as amen 03/15 2nd rdg - to 3rd rdg as amen 03/23 3rd rdg as amen - FAILED - 14-21-0 AYES--Bunderson, Danielson, Davis, Dunklin, Ingram, McLaughlin, Noh, Richardson, Sandy, Schroeder, Sorensen, Stegner, Stennett, Whitworth NAYS--Andreason, Boatright, Branch, Burtenshaw, Cameron, Crow, Darrington, Deide, Frasure, Geddes, Hawkins, Ipsen, Keough, King-Barrutia, Lee, Parry, Riggs, Risch, Thorne, Wheeler, Williams Absent and excused--None Floor Sponsor - Sorensen Hld for reconsideration 03/24 Reconsidered - FAILED - 15-20-0 AYES--Andreason, Bunderson, Danielson, Davis, Dunklin, Ingram, McLaughlin, Noh, Richardson, Sandy, Schroeder, Sorensen, Stegner, Stennett, Whitworth NAYS--Boatright, Branch, Burtenshaw, Cameron, Crow, Darrington, Deide, Frasure, Geddes, Hawkins, Ipsen, Keough, King-Barrutia, Lee, Parry, Riggs, Risch, Thorne, Wheeler, Williams Absent and excused--None Filed with Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 515, As Amended 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 PROVIDE FOR TRAINING AND SUPPORT BY THE MEDICAL EXAMINER; 8 AMENDING SECTION 19-4301, IDAHO CODE, TO SPECIFY CIRCUMSTANCES WHICH GOV- 9 ERN THE INVESTIGATION OF DEATHS; AMENDING SECTION 19-4301B, IDAHO CODE, TO 10 GOVERN THE REQUIREMENTS FOR PERFORMANCE OF AUTOPSIES; AMENDING CHAPTER 43, 11 TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-4301E, IDAHO 12 CODE, TO GOVERN THE CONDITIONS REQUIRING EXHUMATION OF A BODY; AMENDING 13 SECTION 39-252, IDAHO CODE, TO INCREASE THE FEE FOR COPIES, SEARCHES AND 14 OTHER SERVICES BY THE STATE REGISTRAR, TO DEDICATE THE INCREASE TO THE 15 PURPOSES OF THE OFFICE OF THE STATE MEDICAL EXAMINER AND TO MAKE A TECHNI- 16 CAL CORRECTION; AMENDING SECTION 9-340B, IDAHO CODE, TO GOVERN EXEMPTION 17 OF RECORDS OF THE STATE MEDICAL EXAMINER FROM DISCLOSURE AS PUBLIC 18 RECORDS; AND PROVIDING EFFECTIVE DATES AND AUTHORITY TO IMPOSE A FEE. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Title 67, Idaho Code, be, and the same is hereby amended 21 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 22 ter 87, Title 67, Idaho Code, and to read as follows: 23 CHAPTER 87 24 STATE MEDICAL EXAMINER 25 67-8701. STATE MEDICAL EXAMINER. There is hereby established in the 26 department of self-governing agencies, the office of the state medical exam- 27 iner. The state medical examiner shall be appointed by the medical examiner 28 advisory commission and shall serve at the pleasure of the commission. The 29 state medical examiner shall be a physician licensed to practice medicine in 30 Idaho and who has education and experience in forensic pathology. 31 The medical examiner shall designate physicians, including county employ- 32 ees when authorized and qualified by their special training, to conduct foren- 33 sic examinations. 34 67-8702. MEDICAL EXAMINER ADVISORY COMMISSION. (1) There is hereby cre- 35 ated the medical examiner advisory commission consisting of the following 36 individuals: 37 (a) A prosecuting attorney; 38 (b) One (1) licensed physician; 39 (c) A representative of the public; 40 (d) A local law enforcement officer; and 41 (e) A coroner. 2 1 (2) All members of the commission shall be appointed to the commission by 2 the governor subject to confirmation by the senate. The first members so 3 appointed shall begin their terms of office on July 1, 2000, with three (3) of 4 those members serving for initial terms of two (2) years each and two (2) of 5 those members serving for initial terms of four (4) years each, as such terms 6 are specified in their appointment. After those initial terms, appointed mem- 7 bers shall be appointed by the governor for terms of four (4) years each. Each 8 appointed member shall serve the term specified in this subsection and until 9 the appointment and qualification of that member's respective successor. Any 10 vacancy on the commission shall be filled by the appointment of a successor 11 who meets the qualifications for the vacated membership position to which the 12 person is appointed. The governor may remove any member appointed to the com- 13 mission for neglect of duty, misconduct or incompetence. 14 (3) Members of the commission who are not public officeholders shall 15 receive per diem and expenses as provided in section 59-509(h), Idaho Code. 16 (4) The first meeting of the commission shall be held on a date desig- 17 nated by the governor. Members shall elect a chairman and vice chairman and 18 provide for the organization of the commission. The commission shall meet at 19 least semiannually and at such additional times as necessary to carry out its 20 duties. The commission shall appoint the state medical examiner and recommend 21 policies to improve the investigation of deaths in this state to the state 22 medical examiner. The commission shall advise the state medical examiner in 23 performance of duties specified in section 67-8703, Idaho Code. 24 (5) The advisory committee shall set standards defining a qualified 25 pathologist or medical doctor experienced in forensics for the purpose of sec- 26 tion 19-4301, Idaho Code. 27 67-8703. POWERS AND DUTIES OF THE MEDICAL EXAMINER. The powers and duties 28 of the state medical examiner include, but are not limited to, the following: 29 (1) Providing assistance and consultation to coroners and law enforcement 30 officers; 31 (2) Providing court testimony when necessary to accomplish the purposes 32 of this chapter; 33 (3) Stimulating and directing research in the field of forensic pathol- 34 ogy; 35 (4) Maintaining an ongoing educational and training program for coroners 36 and law enforcement officers; 37 (5) Establishing by cooperative agreement with appropriate state agen- 38 cies, the means of providing assistance to and receiving assistance from the 39 state laboratory, law enforcement officials, and others as may be required or 40 deemed necessary; 41 (6) Adopting rules in conjunction with the advisory board and in the man- 42 ner provided in chapter 52, title 67, Idaho Code, to implement the provisions 43 of this chapter; 44 (7) Developing and adopting a uniform protocol for conducting death 45 investigations in any of the causes of death delineated in section 19-4301, 46 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 records, properly indexed, giving the name, if 50 known, or otherwise identifying every person whose death is investigated, the 51 place where the body was found, the date, the cause and manner of death, the 52 occupation of the decedent if available, and all other relevant information 53 concerning the death. A full report and detailed findings of the autopsy or 3 1 report of the investigation shall be part of the record in each case. 2 (2) The county prosecuting attorney, the attorney general, or other law 3 enforcement official having jurisdiction may, upon written request, secure 4 copies of the original records where necessary for the performance of their 5 duties. 6 (3) Unless there is a pending or ongoing criminal investigation or prose- 7 cution into the cause of the decedent's death, the medical examiner shall make 8 available, upon request, copies of all reports, findings and records gathered 9 or compiled in the investigation of a death to the decedent's next-of-kin, 10 legal representative, or physicians who attended the decedent during the year 11 before death, upon their written request for the release of documents. 12 (4) The medical examiner shall maintain the confidentiality of the 13 records and shall only release them as provided herein. 14 67-8705. TRAINING AND SUPPORT. The medical examiner, from funds made 15 available to his office, shall conduct and maintain training which shall be 16 made available to every coroner and deputy coroner. Within one (1) year of the 17 first election of a coroner, or, for an incumbent or deputy coroner in office 18 at the time of the effective date of this chapter within one (1) year of the 19 effective date, he shall participate in a course of not less than forty (40) 20 hours of training provided by the state medical examiner. Thereafter, annu- 21 ally, he shall complete a course of continuing education as developed or 22 approved by the office of the medical examiner. 23 SECTION 2. That Section 19-4301, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 19-4301. CORONER TO INVESTIGATE DEATHS. When a coroner is informed that a 26 person in his county has died: 27 (a) As a result of violence whether apparently homicidal, suicidal or 28 accidental ,; or 29 (b) Under suspicious or unknown circumstances ,; or 30 (c) When not attended by a physician during his last illness and the 31 cause of death cannot be certified by a physician ,; or 32 (d) Is a child under the age of three (3) years unless the death is 33 clearly certifiable by an attending physician as due to a specific natural 34 cause which does not include a diagnosis of sudden infant death syndrome 35 (SIDS); or 36 (e) While in the custody of or being taken into the custody of a law 37 enforcement agency or peace officer; or 38 (f) While incarcerated in a prison or jail or confined in a correctional 39 facility owned and operated by the state or a political subdivision of the 40 state; or 41 (g) The death may have resulted from unlawful means, or was of such a 42 nature as to indicate the possibility of death by the hand of the deceased or 43 through the instrumentality of some other person including, but not limited 44 to, those apparently resulting from drowning, poisoning, hanging, burns, elec- 45 trocution, gunshot wounds, stabs or cuts, starvation, radiation, exposure, 46 strangulation, suffocation or smothering; 47 the coroner must refer the investigation of the death to the sheriff of the 48 county or the chief of police of the city in which the incident causing death 49 occurred; or, if unknown, then in which the death occurred; or, if unknown, 50 then in which the body is found. The investigation shall be the responsibility 51 of said officer who, upon completion of his investigation, shall furnish a 52 written report of the result of such investigation to said coroner. The coro- 4 1 ner must follow the protocol prescribed by the medical examiner, and in the 2 event that the coroner does not request an autopsy in such a case, the reasons 3 shall be made a part of the investigative report. The coroner of said county 4 must refer said case to the coroner of the county in which the incident caus- 5 ing death occurred, if known, or if unknown, then in which the death occurred, 6 if known, to hold an inquest. Provided, however, that a coroner shall conduct 7 an inquest only if he has reasonable grounds to believe that the death has 8 occurred under any of the circumstances heretofore stated in sections 9 19-4301(a) or 19-4301(b), Idaho Code. If so, he may summon six (6) persons 10 qualified by law to serve as jurors to appear before him to hold said inquest. 11 Nothing in this section shall be construed to affect the tenets of any 12 church or religious belief. 13 SECTION 3. That Section 19-4301B, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 19-4301B. PERFORMANCE OF AUTOPSIES. The coroner mayshall, in the perfor- 16 mance of his duties under this chapter and pursuant to the uniform protocol, 17 summon a person authorized to practice medicine and surgery in the state of18 Idaho to inspect the body and give a professional opinion as to the cause of19 deaththe state medical examiner or his designated representative, or other- 20 wise qualified pathologist or medical doctor experienced in forensics, to con- 21 duct an autopsy. The coroner or theprosecuting attorney may also order an 22 autopsy performed if it is deemed necessary accurately and scientifically to 23 determine the cause of death. When an autopsy has been performed, pursuant to 24 an order of a coroner or a prosecuting attorney, no cause of action shall lie 25 against any person, firm or corporation for participating in or requesting 26 such autopsy. The state medical examiner, in consultation with the advisory 27 board, shall establish, by rule, the amount to be charged to the county for an 28 autopsy, provided that the amount shall not exceed one-half (1/2) the actual 29 cost incurred. 30 SECTION 4. That Chapter 43, Title 19, Idaho Code, be, and the same is 31 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 32 ignated as Section 19-4301E, Idaho Code, and to read as follows: 33 19-4301E. ORDER TO EXHUME BODY. In the case of any death described in 34 section 19-4301, Idaho Code, when a body is buried without an investigation by 35 the medical examiner as to the cause and manner of death, it shall be the duty 36 of the medical examiner, upon being advised of the fact, to notify the county 37 prosecuting attorney having criminal jurisdiction where the body is buried or 38 death occurred. Upon notification, the county prosecuting attorney having 39 criminal jurisdiction may make application to have the body disinterred in 40 accordance with section 39-269, Idaho Code. 41 SECTION 5. That Section 39-252, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 39-252. FEE FOR COPIES, SEARCHES AND OTHER SERVICES. The state registrar 44 shall be entitled to receive a fee of fournot more than twenty dollars 45 ($ 420.00) for the making of certified copies of records or for a search of 46 the files when no copies are made, provided that the national agency in charge 47 of vital statistics may obtain copies or certifications of data from records 48 without payment of fees, provided that the state incurs no expense in connec- 49 tion therewith. The fee shall be reviewed by the board of health and welfare, 5 1 and future changes in the fee and enactment of fees for other services shall 2 be established by regulationsrules adopted by the board. Of the fee for cop- 3 ies, searches and other services, for birth and death certificates, five dol- 4 lars ($5.00) shall be transmitted to the state treasury for the purposes of 5 the office of the state medical examiner. Such fees shall be deposited in the 6 state medical examiner fund which is hereby created. 7 SECTION 6. That Section 9-340B, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES- 10 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are 11 exempt from disclosure: 12 (1) Investigatory records of a law enforcement agency, as defined in sec- 13 tion 9-337(5), Idaho Code, under the conditions set forth in section 9-335, 14 Idaho Code. 15 (2) Juvenile records of a person maintained pursuant to chapter 5, title 16 20, Idaho Code, except that facts contained in such records shall be furnished 17 upon request in a manner determined by the court to persons and governmental 18 and private agencies and institutions conducting pertinent research studies or 19 having a legitimate interest in the protection, welfare and treatment of the 20 juvenile who is thirteen (13) years of age or younger. If the juvenile is 21 petitioned or charged with an offense which would be a criminal offense if 22 committed by an adult, the name, offense of which the juvenile was petitioned 23 or charged and disposition of the court shall be subject to disclosure as pro- 24 vided in section 20-525, Idaho Code. Additionally, facts contained in any 25 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall 26 be furnished upon request to any school district where the juvenile is 27 enrolled or is seeking enrollment. 28 (3) (a) Records of the department of correction or the commission of par- 29 dons and parole to the extent that disclosure thereof would interfere with 30 the secure and orderly conduct of their operations, or the rehabilitation 31 of any person in the custody of the department of correction or on parole, 32 or would substantially prejudice or prevent the carrying out of the func- 33 tions of the department of correction or the commission of pardons and 34 parole if the public interest in confidentiality clearly outweighs the 35 public interest in disclosure. Records exempt from disclosure shall 36 include, but not be limited to, those containing the names and addresses 37 of witnesses or victims or those containing information identifying vic- 38 tims or witnesses. 39 (b) Operation manuals of county jails. "Operation manuals" are those 40 internal documents of any county jail that define the procedures utilized 41 to maintain security within the jail. 42 (4) Voting records of the sexual offender classification board. In accor- 43 dance with section 18-8315, Idaho Code, the written record of the vote to 44 classify an offender as a violent sexual predator by each board member in each 45 case reviewed by that board member shall be exempt from disclosure to the pub- 46 lic and shall be made available upon request only to the governor, the chair- 47 man of the senate judiciary and rules committee, and the chairman of the house 48 of representatives judiciary, rules and administration committee, for all law- 49 ful purposes. 50 (5) Records of the sheriff or department of law enforcement received or 51 maintained pursuant to section 18-3302, Idaho Code, relating to an applicant 52 or licensee. 53 (6) Records of investigations prepared by the department of health and 6 1 welfare pursuant to its statutory responsibilities dealing with the protection 2 of children, the rehabilitation of youth, adoptions and the commitment of men- 3 tally ill persons. 4 (7) Records including, but not limited to, investigative reports, result- 5 ing from investigations conducted into complaints of discrimination made to 6 the Idaho human rights commission unless the public interest in allowing 7 inspection and copying of such records outweighs the legitimate public or pri- 8 vate interest in maintaining confidentiality of such records. A person may 9 inspect and copy documents from an investigative file to which he or she is a 10 named party if such documents are not otherwise prohibited from disclosure by 11 federal law or regulation or state law. The confidentiality of this subsection 12 will no longer apply to any record used in any judicial proceeding brought by 13 a named party to the complaint or investigation, or by the Idaho human rights 14 commission, relating to the complaint of discrimination. 15 (8) Records containing information obtained by the manager of the Idaho 16 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on 17 behalf of employers or employees contained in underwriting and claims for ben- 18 efits files. 19 (9) The worker's compensation records of the Idaho industrial commission 20 provided that the industrial commission shall make such records available: 21 (a) To the parties in any worker's compensation claim and to the indus- 22 trial special indemnity fund of the state of Idaho; or 23 (b) To employers and prospective employers subject to the provisions of 24 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory 25 limitations, who certify that the information is being requested with 26 respect to a worker to whom the employer has extended an offer of employ- 27 ment and will be used in accordance with the provisions of the Americans 28 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or 29 (c) To employers and prospective employers not subject to the provisions 30 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu- 31 tory limitations, provided the employer presents a written authorization 32 from the person to whom the records pertain; or 33 (d) To others who demonstrate that the public interest in allowing 34 inspection and copying of such records outweighs the public or private 35 interest in maintaining the confidentiality of such records, as determined 36 by a civil court of competent jurisdiction. 37 (10) Records of investigations compiled by the commission on aging involv- 38 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to 39 be abused, neglected or exploited. 40 (11) Criminal history records and fingerprints, as defined by section 41 67-3001, Idaho Code, and compiled by the department of law enforcement. Such 42 records shall be released only in accordance with chapter 30, title 67, Idaho 43 Code. 44 (12) Reports and records of the state medical examiner as described in 45 chapter 87, title 67, Idaho Code. Such records shall be released only as pro- 46 vided in section 67-8704, Idaho Code. 47 SECTION 7. This act shall be in full force and effect on and after July 48 1, 2000, except that the provisions of Section 3 of this act shall be in full 49 force and effect on and after January 1, 2001. Notwithstanding the provisions 50 of section 67-5226, Idaho Code, the state registrar is hereby authorized to 51 increase the fee now imposed pursuant to section 39-252, Idaho Code, by five 52 dollars ($5.00), beginning July 1, 2000, for the purposes of this act.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Stone Seconded by Henbest IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 515 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, following line 29, insert: 3 "(5) The advisory committee shall set standards defining a qualified 4 pathologist or medical doctor experienced in forensics for the purpose of sec- 5 tion 19-4301, Idaho Code.". 6 AMENDMENT TO SECTION 3 7 On page 4, in line 22, following "representative" insert: ", or otherwise 8 qualified pathologist or medical doctor experienced in forensics". 9 AMENDMENT TO SECTION 7 10 On page 6, in line 51, following "2001." insert: "Notwithstanding the pro- 11 visions of section 67-5224, Idaho Code, the state registrar is hereby autho- 12 rized to increase the fee now imposed pursuant to section 39-252, Idaho Code, 13 by five dollars ($5.00), beginning July 1, 2000, for the purposes of this 14 act.". 15 CORRECTION TO TITLE 16 On page 1, in line 18, following "DATES" insert: "AND AUTHORITY TO IMPOSE 17 A FEE". Moved by Kunz Seconded by Loertscher IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 515 18 AMENDMENTS TO SECTION 1 19 On page 1 of the printed bill, delete lines 38 and 39; in line 40, delete 20 "(d)" and insert: "(b)"; and delete line 41. 21 On page 2, in line 1, delete "(f)" and insert: "(c)"; delete line 2; in 22 line 3, delete "(h)" and insert: "(d)"; in line 4, delete "(i)" and insert: 23 "(e)"; in line 5, delete ", except the state appellate public"; in line 6, 24 delete "defender or his designee and the appointee of the attorney general,"; 25 in line 9, delete "four (4)" and insert: "three (3)"; and in line 10, delete 26 "three (3)" and insert: "two (2)".
STATEMENT OF PURPOSE RS 09859 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 NOTE The impact to the general fund in FYI 2001 is $150,000 which is a non-recurring start-up expense. Thereafter, revenue would be generated from an increase in the vital statistics fees for birth and death certificates of $5.00 and reimbursement from counties for autopsies performed by the State Medical Examiner or his/her designee. CONTACT: Rep. Margaret Henbest 208/332-1000 STATEMENT OF PURPOSE/ FISCAL NOTE H 515