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Senate File 376

Partial Bill History

Bill Text

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 is created under the
  1  5 control, direction, and supervision of the commissioner of
  1  6 public safety.  The commissioner of public safety may
  1  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 the public safety department 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 17 possess special knowledge in be board certified or eligible to
  1 18 be board certified in anatomic and forensic pathology by the
  1 19 American board of pathology.  The state medical examiner shall
  1 20 be appointed by and serve at the pleasure of the commissioner
  1 21 of public safety director of public health upon the advice of
  1 22 and in consultation with the director of public safety and the
  1 23 governor.  The state medical examiner, in consultation with
  1 24 the director of public health, shall be responsible for
  1 25 developing and administering the medical examiner's budget and
  1 26 for employment of medical examiner staff and assistants.  The
  1 27 state medical examiner may be a faculty member of the college
  1 28 of medicine or the college of law at the University of Iowa,
  1 29 and any of the examiner's assistants or staff may be members
  1 30 of the faculty or staff of the college of medicine or the
  1 31 college of law at the 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 the commissioner of public safety director of
  2  1 public health, with the advice and approval of the state
  2  2 medical examiner and the state medical examiner advisory
  2  3 council, regarding the manner and techniques to be employed
  2  4 while conducting autopsies; the nature, character, and extent
  2  5 of investigations to be made in cases of homicide or suspected
  2  6 homicide necessary to allow a medical examiner to render a
  2  7 full and complete analysis and report; the format and matters
  2  8 to be contained in all reports rendered by medical examiners;
  2  9 and all other things necessary to carry out this section.  All
  2 10 county medical examiners and peace officers are subject to the
  2 11 rules.
  2 12    Sec. 3.  NEW SECTION.  691.6A  DEPUTY STATE MEDICAL
  2 13 EXAMINER – CREATION AND DUTIES.
  2 14    The position of deputy state medical examiner is created
  2 15 within the department of public health.  The deputy state
  2 16 medical examiner shall report to and be responsible to the
  2 17 state medical examiner.  The deputy state medical examiner
  2 18 shall meet the qualification criteria established in section
  2 19 691.5 for the state medical examiner and shall be subject to
  2 20 rules adopted by the state medical examiner as provided in
  2 21 section 691.6, subsection 3.  The state medical examiner and
  2 22 the deputy state medical examiner shall function as a team,
  2 23 providing peer review as necessary, fulfilling each other's
  2 24 job responsibilities during times of absence, and working
  2 25 jointly to provide services and education to county medical
  2 26 examiners, law enforcement officials, hospital pathologists,
  2 27 and other individuals and entities.  The deputy medical
  2 28 examiner may be, but is not required to be, a full-time
  2 29 salaried faculty member of the department of pathology of the
  2 30 college of medicine at the university of Iowa.  If the medical
  2 31 examiner is a full-time salaried faculty member of the
  2 32 department of pathology of the college of medicine at the
  2 33 university of Iowa, the department of public health and the
  2 34 state board of regents shall enter into a chapter 28E
  2 35 agreement to define the activities and functions of the deputy
  3  1 medical examiner, and to allocate deputy medical examiner
  3  2 costs, consistent with the requirements of this section.
  3  3    Sec. 4.  NEW SECTION.  691.6B  INTERAGENCY COORDINATING
  3  4 COUNCIL.
  3  5    An interagency coordinating council is created to advise
  3  6 the state medical examiner concerning the assurance of
  3  7 effective coordination of the functions and operations of the
  3  8 office of the state medical examiner with the needs and
  3  9 interests of the departments of public safety and public
  3 10 health.  Members of the interagency coordinating council shall
  3 11 include the state medical examiner, or when the state medical
  3 12 examiner is not available, the deputy state medical examiner;
  3 13 the commissioner of public safety or the commissioner's
  3 14 designee; the director of public health or the director's
  3 15 designee; and the governor or the governor's designee.  The
  3 16 interagency coordinating council shall meet on a regular
  3 17 basis.
  3 18    Sec. 5.  NEW SECTION.  691.6C  STATE MEDICAL EXAMINER
  3 19 ADVISORY COUNCIL.
  3 20    A state medical examiner advisory council is established to
  3 21 advise and consult with the state medical examiner on a range
  3 22 of issues affecting the organization and functions of the
  3 23 office of the state medical examiner and the effectiveness of
  3 24 the medical examiner system in the state.  Membership of the
  3 25 state medical examiner advisory council shall be determined by
  3 26 the state medical examiner, in consultation with the director
  3 27 of public health, and shall include, but not necessarily be
  3 28 limited to, representatives from the office of the attorney
  3 29 general, the Iowa county attorneys association, the Iowa
  3 30 medical society, the Iowa association of pathologists, the
  3 31 Iowa association of county medical examiners, the departments
  3 32 of public safety and public health, the statewide emergency
  3 33 medical system, and the Iowa funeral directors association.
  3 34 The advisory council shall meet on a quarterly or more
  3 35 frequent basis, and shall be organized and function as
  4  1 established by the state medical examiner by rule.
  4  2    Sec. 6.  Section 691.7, Code 1999, is amended to read as
  4  3 follows:
  4  4    691.7  COMMISSIONER TO ACCEPT FEDERAL OR PRIVATE GRANTS.
  4  5    The commissioner of public safety may accept federal or
  4  6 private funds or grants to aid in the establishment or
  4  7 operation of the state criminalistics laboratory, and the
  4  8 commissioner of public safety director of public health or the
  4  9 state board of regents may accept federal or private funds or
  4 10 grants to aid in the establishment or operation of the
  4 11 position of state medical examiner.
  4 12    Sec. 7.  STATE MEDICAL EXAMINER SYSTEM STUDY AND REPORT.
  4 13 The state medical examiner, in consultation with the state
  4 14 medical examiner advisory council, shall conduct a study
  4 15 regarding the organization, needs, and operations of a
  4 16 statewide medical examiners system.  The study shall consider
  4 17 the findings and recommendations of the 1998 consultants'
  4 18 report of the national association of medical examiners
  4 19 submitted to the commissioner of public safety, and shall
  4 20 gather and analyze such additional information as the state
  4 21 medical examiner and the advisory council determine necessary.
  4 22 The state medical examiner shall make a report of the study's
  4 23 recommendations to the governor and the general assembly by
  4 24 January 1, 2000.  The report shall take into account the
  4 25 public health, criminalistic, educational, and advisory
  4 26 purposes of the office of the state medical examiner; the
  4 27 relationship of the office to and effective utilization by the
  4 28 office of existing state, county, and community resources;
  4 29 future facility needs for performing autopsies; support for
  4 30 forensic activities throughout the state; transportation costs
  4 31 to conduct autopsies and to perform other forensic pathology
  4 32 activities; and any other factors identified by the state
  4 33 medical examiner and the advisory council impacting a quality
  4 34 statewide medical examiners system.
  4 35    Sec. 8.  APPROPRIATIONS FOR STATE MEDICAL EXAMINER.  Funds
  5  1 appropriated by the general assembly to the department of
  5  2 public safety for the position of state medical examiner, and
  5  3 for the state medical examiner's office, for the fiscal year
  5  4 beginning July 1, 1998, and ending June 30, 1999, which remain
  5  5 unobligated shall be transferred to the department of public
  5  6 health on the effective date of this Act.  Funds appropriated
  5  7 by the general assembly for the position of state medical
  5  8 examiner, and for the state medical examiner's office, for the
  5  9 fiscal year beginning July 1, 1999, and ending June 30, 2000,
  5 10 shall be appropriated to the department of public health.
  5 11    Sec. 9.  EFFECTIVE DATE.  This Act, being deemed of
  5 12 immediate importance, takes effect upon enactment.  
  5 13 SF 376
  5 14 rn/cc/26
     

Text: SF00375                           Text: SF00377
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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