Senate File 2266 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON HUMAN
                                           RESOURCES

                                       (SUCCESSOR TO SSB 3113)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring a preliminary investigation to be conducted by
  2    the county medical examiner in the event of the death of a
  3    resident of certain state facilities administered by the
  4    department of human services.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5423SV 82
  7 jp/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  218.64  INVESTIGATION OF DEATH.
  1  2    1.  For the purposes of this section, unless the context
  1  3 otherwise requires, "institution" and "resident" mean the same
  1  4 as defined in section 218.13.
  1  5    2.  Upon the death of a resident of an institution, the
  1  6 county medical examiner shall conduct a preliminary
  1  7 investigation of the death as provided in section 331.802.
  1  8 The cost of the preliminary investigation shall be paid by the
  1  9 department of human services.
  1 10    Sec. 2.  Section 222.12, Code 2007, is amended to read as
  1 11 follows:
  1 12    222.12  DEATHS INVESTIGATED.
  1 13    1.  In the event of a sudden or mysterious Upon the death
  1 14 of a patient of a resource center or the special unit or any
  1 15 private institution for persons with mental retardation, an, a
  1 16 preliminary investigation of the death shall be held conducted
  1 17 as required by section 218.64 by the county medical examiner
  1 18 as provided in section 331.802.  Such a preliminary
  1 19 investigation shall also be conducted in the event of a sudden
  1 20 or mysterious death of a patient in a private institution for
  1 21 persons with mental retardation.  The superintendent of a
  1 22 resource center or a special unit or chief administrative
  1 23 officer of any private institution may request an
  1 24 investigation of the death of any patient by the county
  1 25 medical examiner.
  1 26    2.  Notice of the death of the patient, and the cause
  1 27 thereof of death, shall be sent to the county board of
  1 28 supervisors and to the judge of the court having that had
  1 29 jurisdiction over a committed patient.  The fact of death with
  1 30 the time, place, and alleged cause shall be entered upon the
  1 31 docket of the court.
  1 32    3.  The parent, guardian, or other person responsible for
  1 33 the admission of a patient to such institutions a private
  1 34 institution for persons with mental retardation may also
  1 35 request an such a preliminary investigation by the county
  2  1 medical examiner in the event of the death of the patient that
  2  2 is not sudden or mysterious.  The person or persons making the
  2  3 request shall be are liable for the expense of such
  2  4 preliminary investigation and payment therefor for the expense
  2  5 may be required in advance.  The expense of a county medical
  2  6 examiner's investigation when requested by the superintendent
  2  7 of a state resource center or a special unit shall be paid
  2  8 from support funds of that institution.
  2  9    Sec. 3.  Section 226.34, Code 2007, is amended to read as
  2 10 follows:
  2 11    226.34  INVESTIGATION OF DEATH == NOTICE.
  2 12    1.  An Upon the death of a patient, the county medical
  2 13 examiner shall conduct a preliminary investigation by the
  2 14 county medical examiner shall be held in those cases where a
  2 15 death shall occur suddenly and without apparent cause, or a
  2 16 patient die and the patient's relatives so request, but in the
  2 17 latter case the relatives making the request shall be liable
  2 18 for the expense of the same, and payment therefor may be
  2 19 required in advance as required by section 218.64, in
  2 20 accordance with section 331.802.
  2 21    2.  When If a patient in any a mental health institute
  2 22 shall die dies from any cause, the superintendent of said the
  2 23 institute shall within three days of the date of death, send
  2 24 by certified mail a written notice of death to all of the
  2 25 following:
  2 26    1.  a.  The decedent's nearest relative.
  2 27    2.  b.  The clerk of the district court of the county from
  2 28 which the patient was committed, and.
  2 29    3.  c.  The sheriff of the county from which the patient
  2 30 was committed.
  2 31    Sec. 4.  Section 331.802, subsection 2, Code 2007, is
  2 32 amended to read as follows:
  2 33    2.  a.  If a person's death affects the public interest,
  2 34 the county medical examiner shall conduct a preliminary
  2 35 investigation of the cause and manner of death, prepare a
  3  1 written report of the findings, promptly submit the full
  3  2 report to the state medical examiner on forms prescribed for
  3  3 that purpose, and submit a copy of the report to the county
  3  4 attorney.
  3  5    b.  For Except as provided in section 218.64 or as
  3  6 otherwise provided by law, for each preliminary investigation
  3  7 and the preparation and submission of the required reports,
  3  8 the county medical examiner shall receive from the county of
  3  9 appointment a fee determined by the board plus the examiner's
  3 10 actual expenses.  The fee and expenses paid by the county of
  3 11 appointment shall be reimbursed to the county of appointment
  3 12 by the county of the person's residence.  However, if the
  3 13 person's death is caused by a defendant for whom a judgment of
  3 14 conviction and sentence is rendered under section 707.2,
  3 15 707.3, 707.4, 707.5, or 707.6A, the county of the person's
  3 16 residence may recover from the defendant the fee and expenses.
  3 17    c.  The fee and expenses of the county medical examiner who
  3 18 performs an autopsy or conducts an investigation of a person
  3 19 who dies after being brought into this state for emergency
  3 20 medical treatment by or at the direction of an out=of=state
  3 21 law enforcement officer or public authority shall be paid by
  3 22 the state.  A claim for payment shall be filed with the Iowa
  3 23 department of public health.  If moneys are not appropriated
  3 24 to the Iowa department of public health for the payment of
  3 25 autopsies under this subsection paragraph, claims for payment
  3 26 shall be forwarded to the state appeal board and, if
  3 27 authorized by the board, shall be paid out of moneys in the
  3 28 general fund of the state not otherwise appropriated.
  3 29    Sec. 5.  Section 331.802, subsection 3, Code 2007, is
  3 30 amended by adding the following new paragraph:
  3 31    NEW PARAGRAPH.  k.  Death of a person committed or admitted
  3 32 to a state mental health institute, a state resource center,
  3 33 the state training school, or the Iowa juvenile home.
  3 34                           EXPLANATION
  3 35    This bill requires a preliminary investigation to be
  4  1 conducted by the county medical examiner in the event of the
  4  2 death of a person committed or admitted to certain state
  4  3 facilities administered by the department of human services
  4  4 (DHS).  The cost of the preliminary investigation is required
  4  5 to be paid by DHS.  The facilities affected are the four state
  4  6 mental health institutes, the two state resource centers, the
  4  7 state training school in Eldora, and the Iowa juvenile home in
  4  8 Toledo.
  4  9    The requirements of a preliminary investigation are
  4 10 outlined in current law in Code section 331.802 for any death
  4 11 affecting the public interest and include a determination as
  4 12 to whether the public interest in the death requires an
  4 13 autopsy or other special investigation.
  4 14    New Code section 218.64 applies the preliminary
  4 15 investigation requirement in the event of the death of a
  4 16 resident in Code chapter 218, which provides overall
  4 17 requirements for these facilities.  Existing definitions in
  4 18 Code section 218.13 of the terms "institutions" (the affected
  4 19 facilities) and "resident" (a person committed or admitted to
  4 20 one of the facilities) are adopted by reference.
  4 21    Existing law in Code section 222.12, relating to
  4 22 investigation of deaths at a state resource center, special
  4 23 unit, or a private institution for persons with mental
  4 24 retardation, and Code section 226.34, relating to
  4 25 investigation of the death of a patient in a state mental
  4 26 health institute, are amended to provide the preliminary
  4 27 investigation requirement for any death and reorganize the
  4 28 sections.
  4 29    However, under current law, Code section 222.12, an
  4 30 investigation is required for a sudden or mysterious death in
  4 31 a private institution for persons with mental retardation.
  4 32 This requirement is maintained by the bill along with the
  4 33 existing authorization for the parent, guardian, or other
  4 34 person responsible for a patient's admission to the private
  4 35 institution to request the preliminary investigation to be
  5  1 conducted for a death that is not sudden or mysterious.
  5  2    Code section 331.802 is amended to include the requirement
  5  3 for preliminary investigation of a death of a resident of a
  5  4 DHS institution in the list of deaths affecting the public
  5  5 interest for which such a preliminary investigation is
  5  6 required and to reference the payment responsibility assigned
  5  7 by the bill to DHS.
  5  8 LSB 5423SV 82
  5  9 jp/nh/5