Text: SF00235 Text: SF00237 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 691.5, Code 1999, is amended to read as 1 2 follows: 1 3 691.5 STATE MEDICAL EXAMINER. 1 4 The position of state medical examiner iscreated under the1 5control, direction, and supervision of the commissioner of1 6public safety. The commissioner of public safety may1 7 established for administrative purposes within the department 1 8 of public health. The director of public health shall assign 1 9 the office of the state medical examiner to a division or 1 10 bureau within thepublic safetydepartment of public health. 1 11 Other state agencies shall cooperate with the state medical 1 12 examiner in the use of state-owned facilities when appropriate 1 13 for the performance of nonadministrative duties of the state 1 14 medical examiner. The state medical examiner shall be a 1 15 physician and surgeon or osteopathic physician and surgeon, be 1 16 licensed to practice medicine in the state of Iowa, and 1 17possess special knowledge inbe certified in anatomic and 1 18 forensic pathology by the American board of pathology. The 1 19 state medical examiner shall be appointed by and serve at the 1 20 pleasure of thecommissioner of public safetydirector of 1 21 public health upon the advice of and in consultation with the 1 22 director of public safety and the governor. The state medical 1 23 examiner, in consultation with the director of public health, 1 24 shall be responsible for developing and administering the 1 25 medical examiner's budget and for employment of medical 1 26 examiner staff and assistants. The state medical examiner may 1 27 be a faculty member of the college of medicine or the college 1 28 of law at the University of Iowa, and any of the examiner's 1 29 assistants or staff may be members of the faculty or staff of 1 30 the college of medicine or the college of law at the 1 31 University of Iowa. 1 32 Sec. 2. Section 691.6, subsection 3, Code 1999, is amended 1 33 to read as follows: 1 34 3. To adopt rules pursuant to chapter 17A, and subject to 1 35 the approval of thecommissioner of public safetydirector of 2 1 public health, regarding the manner and techniques to be 2 2 employed while conducting autopsies; the nature, character, 2 3 and extent of investigations to be made in cases of homicide 2 4 or suspected homicide necessary to allow a medical examiner to 2 5 render a full and complete analysis and report; the format and 2 6 matters to be contained in all reports rendered by medical 2 7 examiners; and all other things necessary to carry out this 2 8 section. All county medical examiners and peace officers are 2 9 subject to the rules. 2 10 Sec. 3. NEW SECTION. 691.6A DEPUTY STATE MEDICAL 2 11 EXAMINER – CREATION AND DUTIES. 2 12 The position of deputy state medical examiner is created 2 13 within the department of public health. The deputy state 2 14 medical examiner shall report to and be responsible to the 2 15 state medical examiner. The deputy state medical examiner 2 16 shall meet the qualification criteria established in section 2 17 691.5 for the state medical examiner and shall be subject to 2 18 rules adopted by the state medical examiner as provided in 2 19 section 691.6, subsection 3. The state medical examiner and 2 20 the deputy state medical examiner shall function as a team, 2 21 providing peer review as necessary, fulfilling each other's 2 22 job responsibilities during times of absence, and working 2 23 jointly to provide services and education to county medical 2 24 examiners, law enforcement officials, hospital pathologists, 2 25 and other individuals and entities. The deputy medical 2 26 examiner may be, but is not required to be, a full-time 2 27 salaried faculty member of the department of pathology of the 2 28 college of medicine at the university of Iowa. If the medical 2 29 examiner is a full-time salaried faculty member of the 2 30 department of pathology of the college of medicine at the 2 31 university of Iowa, the department of public health and the 2 32 state board of regents shall enter into a chapter 28E 2 33 agreement to define the activities and functions of the deputy 2 34 medical examiner, and to allocate deputy medical examiner 2 35 costs, consistent with the requirements of this section. 3 1 Sec. 4. NEW SECTION. 691.6B INTERAGENCY COORDINATING 3 2 COUNCIL. 3 3 An interagency coordinating council is created to advise 3 4 the state medical examiner concerning the assurance of 3 5 effective coordination of the functions and operations of the 3 6 office of the state medical examiner with the needs and 3 7 interests of the departments of public safety and public 3 8 health. Members of the interagency coordinating council shall 3 9 include the state medical examiner, or when the state medical 3 10 examiner is not available, the deputy state medical examiner; 3 11 the commissioner of public safety or the commissioner's 3 12 designee; the director of public health or the director's 3 13 designee; and the governor or the governor's designee. The 3 14 interagency coordinating council shall meet on a regular 3 15 basis. 3 16 Sec. 5. NEW SECTION. 691.6C STATE MEDICAL EXAMINER 3 17 ADVISORY COUNCIL. 3 18 A state medical examiner advisory council is established to 3 19 advise and consult with the state medical examiner on a range 3 20 of issues affecting the organization and functions of the 3 21 office of the state medical examiner and the effectiveness of 3 22 the medical examiner system in the state. Membership of the 3 23 state medical examiner advisory council shall be determined by 3 24 the state medical examiner, in consultation with the director 3 25 of public health, and shall include, but not necessarily be 3 26 limited to, representatives from the office of the attorney 3 27 general, the Iowa county attorneys association, the Iowa 3 28 medical society, the Iowa association of pathologists, the 3 29 Iowa association of county medical examiners, the departments 3 30 of public safety and public health, the statewide emergency 3 31 medical system, and the Iowa funeral directors association. 3 32 The advisory council shall meet on a quarterly or more 3 33 frequent basis, and shall be organized and function as 3 34 established by the state medical examiner by rule. 3 35 Sec. 6. Section 691.7, Code 1999, is amended to read as 4 1 follows: 4 2 691.7 COMMISSIONER TO ACCEPT FEDERAL OR PRIVATE GRANTS. 4 3 The commissioner of public safety may accept federal or 4 4 private funds or grants to aid in the establishment or 4 5 operation of the state criminalistics laboratory, and the 4 6commissioner of public safetydirector of public health or the 4 7 state board of regents may accept federal or private funds or 4 8 grants to aid in the establishment or operation of the 4 9 position of state medical examiner. 4 10 Sec. 7. STATE MEDICAL EXAMINER SYSTEM STUDY AND REPORT. 4 11 The state medical examiner, in consultation with the state 4 12 medical examiner advisory council, shall conduct a study 4 13 regarding the organization, needs, and operations of a 4 14 statewide medical examiners system. The study shall consider 4 15 the findings and recommendations of the 1998 consultants' 4 16 report of the national association of medical examiners 4 17 submitted to the commissioner of public safety, and shall 4 18 gather and analyze such additional information as the state 4 19 medical examiner and the advisory council determine necessary. 4 20 The state medical examiner shall make a report of the study's 4 21 recommendations to the governor and the general assembly by 4 22 January 1, 2000. The report shall take into account the 4 23 public health, criminalistic, educational, and advisory 4 24 purposes of the office of the state medical examiner; the 4 25 relationship of the office to and effective utilization by the 4 26 office of existing state, county, and community resources; 4 27 future facility needs for performing autopsies; support for 4 28 forensic activities throughout the state; transportation costs 4 29 to conduct autopsies and to perform other forensic pathology 4 30 activities; and any other factors identified by the state 4 31 medical examiner and the advisory council impacting a quality 4 32 statewide medical examiners system. 4 33 EXPLANATION 4 34 This bill provides for the transfer of the office of the 4 35 state medical examiner from the department of public safety to 5 1 the Iowa department of public health, to be assigned to a 5 2 division or bureau within the department by the director of 5 3 public health. 5 4 The bill provides that the qualifications for the position 5 5 of state medical examiner will include certification in 5 6 anatomic and forensic pathology by the American board of 5 7 pathology. This replaces the previous qualification that the 5 8 state medical examiner possess special knowledge in forensic 5 9 pathology. 5 10 The bill provides that the state medical examiner will be 5 11 appointed by the director of public health upon the advice of 5 12 and in consultation with the director of public safety and the 5 13 governor, and that the state medical examiner, in consultation 5 14 with the director of public health, shall be responsible for 5 15 developing and administering the medical examiner's budget and 5 16 for employment of medical examiner staff and assistants. 5 17 The bill also provides for the creation of the position of 5 18 deputy state medical examiner within the department of public 5 19 health, reporting to the state medical examiner. The bill 5 20 provides that the deputy state medical examiner will meet the 5 21 qualification criteria established in Code section 691.5 for 5 22 the state medical examiner and will be subject to rules 5 23 adopted by the state medical examiner. The bill provides that 5 24 the state medical examiner and deputy state medical examiner 5 25 will function as a team, providing peer review and fulfilling 5 26 each other's job responsibilities during times of absence, and 5 27 working jointly to provide services and education to county 5 28 medical examiners, law enforcement officials, hospital 5 29 pathologists, and other individuals and entities. The bill 5 30 additionally provides that the deputy medical examiner may be, 5 31 but is not required to be, a full-time salaried faculty member 5 32 of the department of pathology of the college of medicine at 5 33 the university of Iowa, and that if this is the case, then the 5 34 department of public health and the state board of regents 5 35 shall enter into a chapter 28E agreement regarding the duties 6 1 and costs related to the position. 6 2 The bill also provides for the formation of an interagency 6 3 coordinating council to advise the state medical examiner 6 4 concerning coordination with the departments of public safety 6 5 and public health. Members of the interagency coordinating 6 6 council shall include the state medical examiner, or when the 6 7 state medical examiner is not available, the deputy state 6 8 medical examiner; the commissioner of public safety or the 6 9 commissioner's designee; the director of public health or the 6 10 director's designee; and the governor or the governor's 6 11 designee. 6 12 Additionally, the bill provides for the establishment of a 6 13 state medical examiner advisory council to advise and consult 6 14 with the state medical examiner regarding matters affecting 6 15 the organization and functions of the office of the state 6 16 medical examiner and the effectiveness of the medical 6 17 examiners system in the state. Membership of the state 6 18 medical examiner advisory council shall be determined by the 6 19 state medical examiner, in consultation with the director of 6 20 public health, and shall include a number of specified 6 21 representatives from various state and local offices, 6 22 agencies, and associations. 6 23 The bill provides that the state medical examiner, in 6 24 consultation with the state medical examiner advisory council, 6 25 shall conduct a study and issue a report by January 1, 2000, 6 26 concerning the organization, needs, and operations of a 6 27 statewide medical examiners system. 6 28 LSB 1097XS 78 6 29 rn/cf/24.1
Text: SF00235 Text: SF00237 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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