S.B. 4

1

MEDICAL EXAMINER AUTHORITY
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Robert F. Montgomery
5 AN ACT RELATING TO HEALTH; EXPANDING THE JURISDICTION OF THE STATE
6 MEDICAL EXAMINER TO INCLUDE HIGHWAY ACCIDENTS; AMENDING THE
7 AUTHORITY OF THE MEDICAL EXAMINER TO PERFORM AUTOPSIES IN SPECIFIED
8 CIRCUMSTANCES; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 26-4-7, as last amended by Chapter 6, Laws of Utah 1984, Second Special Session
12 26-4-13, as enacted by Chapter 126, Laws of Utah 1981
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 26-4-7 is amended to read:
15 26-4-7. Deaths over which medical examiner has jurisdiction.
16 Upon notification under Section 26-4-8 or investigation by the medical examiner's office,
17 the medical examiner shall assume custody of [the] a deceased body [in all deaths that appear to
18 be] if it appears that death was:
19 (1) [deaths] by violence, gunshot, suicide, or accident[, except highway accidents];
20 (2) sudden [death], while in apparent health;
21 (3) unattended [deaths], except that an autopsy may only be performed in accordance with
22 [the provisions of] Subsection 26-4-9(3);
23 (4) [deaths] under suspicious or unusual circumstances;
24 (5) [deaths resulting from] the result of poisoning or overdose of drugs;
25 (6) [deaths resulting from diseases] the result of a disease that may constitute a threat to
26 [the] public health;
27 (7) [deaths resulting from] the result of disease, injury, toxic effect, or unusual exertion

1 incurred within the scope of the [deceased's] decedent's employment;
2 (8) [deaths] due to sudden infant death syndrome;
3 (9) [deaths resulting] to a person while [the deceased was] in prison, jail, [in] police
4 custody, [in] the state hospital, or [in] a detention or medical facility operated for the treatment of
5 the mentally ill or emotionally disturbed or delinquent persons; [and] or
6 (10) [deaths] associated with diagnostic and therapeutic procedures.
7 Section 2. Section 26-4-13 is amended to read:
8 26-4-13. Autopsies -- When authorized.
9 [Autopsies] (1) The medical examiner shall [be performed] perform autopsies to:
10 (a) aid in the discovery and prosecution of [crimes, to] a crime;
11 (b) protect an innocent [persons] person accused of a crime[, to]; and
12 (c) disclose hazards to public health [by communicable diseases, occupational diseases,
13 or by dangerous drugs, chemicals, or foods. Autopsies may also be performed].
14 (2) The medical examiner may perform autopsies:
15 (a) to aid in the administration of civil justice in life and accident insurance problems in
16 accordance with [the provisions of the Workmen's] Title 34A, Chapter 2, Workers' Compensation
17 Act; and
18 (b) in other cases involving questions of civil liability.
19 (3) The medical examiner may perform autopsies in cases of highway accidents if:
20 (a) the designated representative of the medical examiner and the local law enforcement
21 agency agree:
22 (i) the cause of death is unclear because external evidence of injury is not sufficient to
23 explain the death; or
24 (ii) the circumstances regarding the accident or the death are unclear; or
25 (b) the medical examiner determines:
26 (i) the body is not identifiable without examination;
27 (ii) the accident occurred during pursuit by a peace officer; or
28 (iii) the accident occurred within the scope of the decedent's employment.


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Legislative Review Note
as of 11-20-97 8:02 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Health and Human Services Interim Committee recommended this bill.

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