House
File
525
-
Introduced
HOUSE
FILE
525
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HF
93)
A
BILL
FOR
An
Act
relating
to
the
examination,
transportation,
and
1
embalming
of
dead
bodies.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1116HV
(2)
89
js/ns
H.F.
525
Section
1.
Section
331.802,
subsection
1,
Code
2021,
is
1
amended
to
read
as
follows:
2
1.
A
person’s
death
which
that
affects
the
public
interest
3
as
specified
in
subsection
3
shall
be
reported
to
the
county
4
medical
examiner
or
the
state
medical
examiner
by
the
physician
5
in
attendance,
any
law
enforcement
officer
having
knowledge
of
6
the
death,
the
embalmer
funeral
director
,
or
any
other
person
7
present.
The
appropriate
medical
examiner
shall
notify
the
8
city
or
state
law
enforcement
agency
or
sheriff
and
take
charge
9
of
the
body.
10
Sec.
2.
Section
331.802,
Code
2021,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
9.
If
an
autopsy
is
ordered
under
this
13
section,
the
county
shall
reimburse
the
funeral
director
for
14
all
costs
associated
with
the
transportation
of
the
body
to
and
15
from
the
facility
performing
the
autopsy
at
a
rate
equivalent
16
to
the
rate
of
reimbursement
allowed
under
the
standard
mileage
17
rate
method
for
computation
of
business
expenses
pursuant
18
to
the
Internal
Revenue
Code
at
the
time
the
transportation
19
occurs.
20
Sec.
3.
Section
331.805,
subsection
2,
Code
2021,
is
amended
21
to
read
as
follows:
22
2.
It
is
unlawful
to
embalm
a
body
when
the
embalmer
23
funeral
director
has
reason
to
believe
death
occurred
in
24
a
manner
specified
in
section
331.802,
subsection
3
,
when
25
there
is
evidence
sufficient
to
arouse
suspicion
of
a
crime
26
in
connection
with
the
cause
of
death
of
the
deceased,
or
27
where
it
is
the
duty
of
a
medical
examiner
to
view
the
body
28
and
investigate
the
death
of
the
deceased
person,
until
the
29
permission
of
a
county
medical
examiner
has
been
obtained.
30
When
feasible,
the
body
shall
be
released
to
the
funeral
31
director
for
embalming
within
twenty-four
hours
of
death.
32
Sec.
4.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
33
3,
shall
not
apply
to
this
Act.
34
EXPLANATION
35
-1-
LSB
1116HV
(2)
89
js/ns
1/
2
H.F.
525
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
the
examination,
transportation,
3
and
embalming
of
dead
bodies.
The
bill
requires
a
funeral
4
director,
as
opposed
to
an
embalmer
as
currently
required,
5
to
report
to
the
county
or
state
medical
examiner
a
person’s
6
death
that
affects
the
public
interest.
The
bill
prohibits
7
the
embalming
of
a
body
prior
to
receiving
consent
from
the
8
county
medical
examiner
if
the
funeral
director,
as
opposed
to
9
an
embalmer,
has
reason
to
believe
the
death
affects
the
public
10
interest,
when
there
is
sufficient
evidence
to
arouse
suspicion
11
of
a
crime
related
to
the
cause
of
death,
or
when
the
medical
12
examiner
has
a
duty
to
view
the
body
and
investigate
the
death.
13
When
an
autopsy
is
ordered
under
Code
section
331.802
due
14
to
a
death
affecting
the
public
interest,
the
bill
requires
a
15
county
to
reimburse
a
funeral
director
for
all
costs
associated
16
with
transporting
the
body
to
and
from
the
facility
performing
17
the
autopsy
at
a
rate
equivalent
to
the
rate
of
reimbursement
18
allowed
under
the
standard
mileage
rate
method
for
computation
19
of
business
expenses
pursuant
to
the
Internal
Revenue
Code
at
20
the
time
the
transportation
occurs.
21
The
bill
may
include
a
state
mandate
as
defined
in
Code
22
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
23
subsection
3,
which
would
relieve
a
political
subdivision
from
24
complying
with
a
state
mandate
if
funding
for
the
cost
of
25
the
state
mandate
is
not
provided
or
specified.
Therefore,
26
political
subdivisions
are
required
to
comply
with
any
state
27
mandate
included
in
the
bill.
28
-2-
LSB
1116HV
(2)
89
js/ns
2/
2