H.B. 61 Enrolled

MEDICAL EXAMINER AUTHORITY
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Gary F. Cox
This act modifies the Medical Examiner Act. This act requires the medical examiner to
assume custody of a body involved in a highway accident in certain circumstances. The act
sets forth the conditions under which an autopsy of the body may be performed. This act
makes technical and conforming amendments. This act takes effect on July 1, 2001.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
26-4-7, as last amended by Chapter 289, Laws of Utah 1999
26-4-13, as enacted by Chapter 126, Laws of Utah 1981
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-4-7 is amended to read:
26-4-7. Custody by medical examiner.
Upon notification under Section 26-4-8 or investigation by the medical examiner's office,
the medical examiner shall assume custody of [the] a deceased body [in all deaths that appear to
be] if it appears that death was:
(1) [deaths] by violence, gunshot, suicide, or accident[, except] unless the accident is a
highway [accidents] accident. If the death was from a highway accident, custody shall only be
assumed if an autopsy is required or permitted under the provisions of Section 26-4-13 or if
requested by the law enforcement agency with jurisdiction over the highway accident;
(2) sudden death while in apparent good health;
(3) unattended deaths, except that an autopsy may only be performed in accordance with
the provisions of Subsection 26-4-9 (3);
(4) [deaths] under suspicious or unusual circumstances;
(5) [deaths] resulting from poisoning or overdose of drugs;
(6) [deaths] resulting from diseases that may constitute a threat to the public health;
(7) [deaths] resulting from disease, injury, toxic effect, or unusual exertion incurred within

the scope of the [deceased's] decedent's employment;
(8) [deaths] due to sudden infant death syndrome;
(9) [deaths] resulting while the [deceased] decedent was in prison, jail, [in] police custody,
[in] the state hospital, or in a detention or medical facility operated for the treatment of the mentally
ill [or], emotionally disturbed, or delinquent persons;
(10) [deaths] associated with diagnostic [and] or therapeutic procedures; [and] or
(11) [deaths] described in this section when request is made to assume custody by a county
or district attorney or law enforcement agency in connection with a potential homicide investigation
or prosecution.
Section 2. Section 26-4-13 is amended to read:
26-4-13. Autopsies -- When authorized.
(1) [Autopsies shall be performed] The medical examiner shall perform an autopsy to:
(a) aid in the discovery and prosecution of [crimes, to] a crime;
(b) protect an innocent [persons] person accused of a crime[, to]; and
(c) disclose hazards to public health [by communicable diseases, occupational diseases, or
by dangerous drugs, chemicals, or foods]. [Autopsies may also be performed]
(2) The medical examiner may perform an autopsy:
(a) to aid in the administration of civil justice in life and accident insurance problems in
accordance with [the provisions of the Workmen's] Title 34A, Chapter 2, Workers' Compensation
Act [and];
(b) in other cases involving questions of civil liability.
Section 3. Effective date.
This act takes effect on July 1, 2001.


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