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House File 2453

Partial Bill History

Bill Text

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 31 within twenty-four hours after death by 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  5 twenty-four seventy-two hours after taking charge of the case
  2  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 is made performed, the body shall be delivered
  2 21 to prepared 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  1 a permit is not required if the deceased person was a member
  3  2 of an established religion whose tenets are opposed to the
  3  3 inspection 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 exceed thirty-
  3  9 five seventy-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
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