House File 525 H-1112 Amend House File 525 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 331.802, subsection 1, Code 2021, is 4 amended to read as follows: 5 1. A person’s death which that affects the public interest 6 as specified in subsection 3 shall be reported to the county 7 medical examiner or the state medical examiner by the physician 8 in attendance, any law enforcement officer having knowledge of 9 the death, the embalmer funeral director , or any other person 10 present. The appropriate medical examiner shall notify the 11 city or state law enforcement agency or sheriff and take charge 12 of the body. 13 Sec. 2. Section 331.802, subsection 2, paragraph a, Code 14 2021, is amended to read as follows: 15 a. If a person’s death affects the public interest as 16 specified in subsection 3 , the county medical examiner shall 17 conduct a preliminary investigation of the cause and manner 18 of death, prepare a written report of the findings, promptly 19 submit the full report to the state medical examiner on forms 20 prescribed for that purpose, and submit a copy of the report 21 to the county attorney. 22 Sec. 3. Section 331.802, subsection 4, Code 2021, is amended 23 to read as follows: 24 4. a. The county medical examiner shall conduct the 25 investigation in the manner required by the state medical 26 examiner and shall determine whether the public interest 27 requires an autopsy or other special investigation. However, 28 if the death occurred in the manner specified in subsection 29 3 , paragraph “j”, the county medical examiner shall order 30 an autopsy, claims for the payment of which shall be filed 31 with the state appeal board and, if authorized by the board, 32 shall be paid out of moneys in the general fund of the state 33 not otherwise appropriated. In determining the need for an 34 autopsy, the county medical examiner may consider the request 35 -1- HF525.790 (2) 89 js/ns 1/ 3 #1.
for an autopsy from a public official or private person, but 1 the state medical examiner or the county attorney of the county 2 where the death occurred may require an autopsy except as 3 provided in paragraph “b” . 4 b. If after the county medical examiner’s or state medical 5 examiner’s investigation of a deceased child the medical 6 examiner determines that the deceased child’s cause and manner 7 of death are obvious and there are no significant legal, 8 medical, or investigative concerns by the medical examiner, 9 social services, or law enforcement, an autopsy shall not be 10 required under paragraph “a” . 11 c. The county medical examiner may refer a body for autopsy 12 or further investigation pursuant to paragraph “a” to any 13 facility accredited by the national association of medical 14 examiners. The county shall pay to the receiving facility a 15 fee equal to an autopsy fee established by the office of the 16 state medical examiner by rule. 17 Sec. 4. Section 331.802, Code 2021, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 9. If an autopsy is ordered under this 20 section, the county shall reimburse the funeral director for 21 all costs associated with the transportation of the body to and 22 from the facility performing the autopsy at a rate equivalent 23 to the rate of reimbursement allowed under the standard mileage 24 rate method for computation of business expenses pursuant 25 to the Internal Revenue Code at the time the transportation 26 occurs. 27 Sec. 5. Section 331.805, subsection 2, Code 2021, is amended 28 to read as follows: 29 2. It is unlawful to embalm a body when the embalmer funeral 30 director has reason to believe death occurred in a manner 31 specified in section 331.802, subsection 3 , when there is 32 evidence sufficient to arouse suspicion of crime in connection 33 with the cause of death of the deceased, or where it is the 34 duty of a medical examiner to view the body and investigate the 35 -2- HF525.790 (2) 89 js/ns 2/ 3
death of the deceased person, until the permission of a county 1 medical examiner has been obtained. When feasible, the body 2 shall be released to the funeral director for embalming within 3 twenty-four hours of death. 4 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3, 5 shall not apply to this Act. > 6 2. Title page, by striking lines 1 and 2 and inserting < An 7 Act relating to the examination and transportation of dead 8 bodies, including associated fees and costs. > 9 ______________________________ GOBBLE of Polk -3- HF525.790 (2) 89 js/ns 3/ 3 #2.