Text: HF02452 Text: HF02454 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2453 1 2 1 3 AN ACT 1 4 RELATING TO THE OFFICES OF THE STATE AND COUNTY MEDICAL 1 5 EXAMINERS, ESTABLISHING FEES, AND MAKING PENALTIES 1 6 APPLICABLE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 22.7, subsection 41, Code Supplement 1 11 2001, is amended by striking the subsection and inserting in 1 12 lieu thereof the following: 1 13 41. Medical examiner records and reports, including 1 14 preliminary reports, investigative reports, and autopsy 1 15 reports. However, medical examiner records and reports shall 1 16 be released to a law enforcement agency that is investigating 1 17 the death, upon the request of the law enforcement agency, and 1 18 autopsy reports shall be released to the decedent's immediate 1 19 next of kin upon the request of the decedent's immediate next 1 20 of kin unless disclosure to the decedent's immediate next of 1 21 kin would jeopardize an investigation or pose a clear and 1 22 present danger to the public safety or the safety of an 1 23 individual. Information regarding the cause and manner of 1 24 death shall not be kept confidential under this subsection 1 25 unless disclosure would jeopardize an investigation or pose a 1 26 clear and present danger to the public safety or the safety of 1 27 an individual. 1 28 Sec. 2. Section 144.28, subsection 1, Code 2001, is 1 29 amended to read as follows: 1 30 1. The medical certification shall be completed and signed 1 31within twenty-four hours after deathby the physician in 1 32 charge of the patient's care for the illness or condition 1 33 which resulted in death within seventy-two hours after receipt 1 34 of the death certificate from the funeral director or 1 35 individual who initially assumes custody of the body, except 2 1 when inquiry is required by the county medical examiner. When 2 2 inquiry is required by the county medical examiner, the 2 3 medical examiner shall investigate the cause of death and 2 4 shall complete and sign the medical certification within 2 5twenty-fourseventy-two hours aftertaking charge of the case2 6 determination of the cause of death. 2 7 Sec. 3. Section 331.802, subsection 3, paragraph g, Code 2 8 2001, is amended by striking the paragraph and inserting in 2 9 lieu thereof the following: 2 10 g. Death of a person who was prediagnosed as a terminal or 2 11 bedfast case who did not have a physician in attendance within 2 12 the preceding thirty days; or death of a person who was 2 13 admitted to and had received services from a hospice program 2 14 as defined in section 135J.1, if a physician or registered 2 15 nurse employed by the program was not in attendance within 2 16 thirty days preceding death. 2 17 Sec. 4. Section 331.804, subsection 1, Code 2001, is 2 18 amended to read as follows: 2 19 1. After an investigation has been completed, including an 2 20 autopsy if one ismadeperformed, the body shall bedelivered2 21toprepared for transportation. The body shall be transported 2 22 by a funeral director, if chosen by a relative or friend of 2 23 the deceased person, for burial or other appropriate 2 24 disposition. A medical examiner shall not use influence in 2 25 favor of a particular funeral director. However, if a person 2 26 other than a funeral director assumes custody of a dead body, 2 27 the person shall secure a burial-transit permit pursuant to 2 28 section 144.32. If no one claims a body, it shall be disposed 2 29 of as provided in chapter 142. 2 30 Sec. 5. Section 331.805, subsection 3, paragraph b, Code 2 31 2001, is amended to read as follows: 2 32 b. If the next of kin, guardian, or other person 2 33 authorized to act on behalf of a deceased person has requested 2 34 that the body of the deceased person be cremated, a permit for 2 35 cremation must be obtained from a medical examiner.However,3 1a permit is not required if the deceased person was a member3 2of an established religion whose tenets are opposed to the3 3inspection or examination of the body of a deceased person.3 4 Cremation permits by the medical examiner must be made on the 3 5 most current forms prepared at the direction of and approved 3 6 by the state medical examiner, with copies forwarded to the 3 7 state medical examiner's office. Costs for the cremation 3 8 permit issued by a medical examiner shall not exceedthirty-3 9fiveseventy-five dollars. The costs shall be borne by the 3 10 family, next of kin, guardian of the decedent, or other 3 11 person. 3 12 Sec. 6. Section 691.5, Code Supplement 2001, is amended to 3 13 read as follows: 3 14 691.5 STATE MEDICAL EXAMINER. 3 15 The office and position of state medical examiner is 3 16 established for administrative purposes within the Iowa 3 17 department of public health. Other state agencies shall 3 18 cooperate with the state medical examiner in the use of state- 3 19 owned facilities when appropriate for the performance of 3 20 nonadministrative duties of the state medical examiner. The 3 21 state medical examiner shall be a physician and surgeon or 3 22 osteopathic physician and surgeon, be licensed to practice 3 23 medicine in the state of Iowa, and be board certified or 3 24 eligible to be board certified in anatomic and forensic 3 25 pathology by the American board of pathology. The state 3 26 medical examiner shall be appointed by and serve at the 3 27 pleasure of the director of public health upon the advice of 3 28 and in consultation with the director of public safety and the 3 29 governor. The state medical examiner, in consultation with 3 30 the director of public health, shall be responsible for 3 31 developing and administering the medical examiner's budget and 3 32 for employment of medical examiner staff and assistants. The 3 33 state medical examiner may be a faculty member of the 3 34 university of Iowa college of medicine or the college of law 3 35 at the university of Iowa, and any of the examiner's 4 1 assistants or staff may be members of the faculty or staff of 4 2 the university of Iowa college of medicine or the college of 4 3 law at the university of Iowa. 4 4 4 5 4 6 4 7 BRENT SIEGRIST 4 8 Speaker of the House 4 9 4 10 4 11 4 12 MARY E. KRAMER 4 13 President of the Senate 4 14 4 15 I hereby certify that this bill originated in the House and 4 16 is known as House File 2453, Seventy-ninth General Assembly. 4 17 4 18 4 19 4 20 MARGARET THOMSON 4 21 Chief Clerk of the House 4 22 Approved , 2002 4 23 4 24 4 25 4 26 THOMAS J. VILSACK 4 27 Governor
Text: HF02452 Text: HF02454 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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