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H.B. 141

             1     

MEDICAL EXAMINER ACT

             2     
1999 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Katherine M. Bryson

             5      AN ACT RELATING TO HEALTH; h [ EXTENDING THE JURISDICTION OF THE STATE
             6      MEDICAL EXAMINER TO INFANT DEATHS AT BIRTH THAT ARE NOT ATTENDED BY
             7      A LICENSED HEALTH CARE PROVIDER
] PERMITTING LAW ENFORCEMENT TO REQUEST THE

             7aa      MEDICAL EXAMINER TO EXERCISE ITS JURISDICTION OVER A DEATH h ; h AND h RESTRICTING
             7bb      THE DISCRETION OF
             7a      THE
             8      MEDICAL EXAMINER TO DECLINE TO PERFORM A REQUESTED AUTOPSY h [ ;
             9      FREEZING FEES AT THEIR 1999 LEVEL; AND PROVIDING RETROSPECTIVE
             10      OPERATION
] h
.
             11      This act affects sections of Utah Code Annotated 1953 as follows:
             12      AMENDS:
             13          26-4-7, as last amended by Chapter 6, Laws of Utah 1984, Second Special Session
             14          26-4-9, as last amended by Chapter 38, Laws of Utah 1993
             15          26-4-22, as enacted by Chapter 126, Laws of Utah 1981
             16      Be it enacted by the Legislature of the state of Utah:
             17          Section 1. Section 26-4-7 is amended to read:
             18           26-4-7. Deaths over which medical examiner has jurisdiction.
             19          Upon notification under Section 26-4-8 or investigation by the medical examiner's office,
             20      the medical examiner shall assume custody of the body in all deaths that appear to be:
             21          (1) deaths by violence, gunshot, suicide, or accident, except highway accidents;
             22          (2) sudden death while in apparent health;
             23          (3) unattended deaths except that an autopsy may only be performed in accordance with
             24      the provisions of Subsection 26-4-9 (3);
             25          (4) deaths under suspicious or unusual circumstances;
             26          (5) deaths resulting from poisoning or overdose of drugs;
             27          (6) deaths resulting from diseases that may constitute a threat to the public health;


             28          (7) deaths resulting from disease, injury, toxic effect, or unusual exertion incurred within
             29      the scope of the deceased's employment;
             30          (8) deaths due to sudden infant death syndrome;
             31           h [ (9) infant deaths at birth that:
             32          (a) are not attended by a physician or certified nurse midwife licensed under Title 58,
             33      Division of Occupational and Professional Licensing; and
             34          (b) occur outside of a health care facility, as defined in Section 26-21-2 ;
] h

             35          [(9)] h [ (10) ] (9) h deaths resulting while the deceased was in prison, jail, in police custody,
             35a      in the
             36      state hospital, or in a detention or medical facility operated for the treatment of the mentally ill or
             37      emotionally disturbed or delinquent persons; h [ and ] h
             38          [(10)] h [ (11) ] (10) h deaths associated with diagnostic and therapeutic procedures h ; AND
             38a          (11) DEATHS DESCRIBED IN THIS SECTION WHEN A REQUEST IS MADE TO ASSUME
             38b      CUSTODY BY A COUNTY OR DISTRICT ATTORNEY OR LAW ENFORCEMENT AGENCY IN
             38c      CONNECTION WITH A POTENTIAL HOMICIDE INVESTIGATION OR PROSECUTION h .
             39          Section 2. Section 26-4-9 is amended to read:
             40           26-4-9. Custody of dead body and personal effects -- Examination of scene of death
             41      -- Preservation of body -- Autopsies.
             42          (1) Upon notification of a death under Section 26-4-8 , the medical examiner shall assume
             43      custody of the deceased body, clothing on the body, biological samples taken, and any article on
             44      or near the body which may aid him in determining the cause of death except those articles which
             45      will assist the investigative agency to proceed without delay with the investigation. In all cases the
             46      scene of the event shall not be disturbed until authorization is given by the senior ranking peace
             47      officer from the law enforcement agency having jurisdiction of the case and conducting the
             48      investigation. Where death appears to have occurred under circumstances listed in Section 26-4-7 ,
             49      the person or persons finding or having custody of the body, or jurisdiction over the investigation
             50      of the death, shall take reasonable precautions to preserve the body and body fluids so that
             51      minimum deterioration takes place. The body shall not be moved without permission of the
             52      medical examiner, district attorney, or county attorney having criminal jurisdiction, or his
             53      authorized deputy except in cases of affront to public decency or circumstances where it is not
             54      practical to leave the body where found, or in such cases where the cause of death is clearly due
             55      to natural causes. The body can under direction of a licensed physician or the medical examiner


             56      or his designated representative be moved to a place specified by a funeral director, the attending
             57      physician, the medical examiner, or his representative.
             58          (2) In the event the body, where referred to the medical examiner, is moved, no cleansing


             59      or embalming of the body shall occur without the permission of the medical examiner. An
             60      intentional or knowing violation of this Subsection (2) is a class B misdemeanor.
             61          (3) When the medical examiner assumes lawful custody of a body under Subsection
             62      26-4-7 (3) solely because the death was unattended, an autopsy shall not be performed unless
             63      requested by the district attorney, county attorney having criminal jurisdiction, or law enforcement
             64      agency having jurisdiction of the place where the body is found, or a licensed physician, or a
             65      spouse, child, parent or guardian of the deceased, and a licensed physician. The county attorney
             66      or district attorney and law enforcement agency having jurisdiction shall consult with the medical
             67      examiner to determine the need for an autopsy. In any such case concerning unattended deaths
             68      qualifying as exempt from autopsy, a death certificate may be certified by a licensed physician. In
             69      this case the physician may be established as the medical examiner's designated representative.
             70      Requested autopsies shall not be performed when the medical examiner or his designated
             71      representative [deem] considers the autopsy unnecessary, unless the request is by a county or
             72      district attorney or law enforcement agency h IN CONNECTION WITH A POTENTIAL HOMICIDE
             72a      INVESTIGATION OR PROSECUTIO N h .
             73          Section 3. Section 26-4-22 is amended to read:
             74           26-4-22. Additional powers and duties of department.
             75           h [ (1 )] h The department may:
             76           h [[](1)[]][ (a) ] h establish rules to carry out the provisions of this chapter;
             77           h [[](2)[]][ (b) ] h arrange for the state health laboratory to perform toxicologic analysis for
             77a      public
             78      or private institutions and fix fees for the services;
             79           h [[](3)[]][ (c) ] h cooperate and train law enforcement personnel in the techniques of criminal
             80      investigation as related to medical and pathological matters; and
             81           h[[](4)[]][ (d) ]h pay to private parties, institutions, or funeral directors the reasonable value of
             82      services performed for the medical examiner's office.
             83           h [ (2) Notwithstanding Section 26-1-6 , no fee may be increased after January 1, 1999, for a
             84      service related to this chapter.
             85          Section 4. Retrospective operation.
             86          Section 26-4-22 has retrospective operation to January 1, 1999
.] h






Legislative Review Note
    as of 1-28-99 8:56 AM


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

Office of Legislative Research and General Counsel


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