HF 525 (LSB 1116HV (2) 89)

HOUSE FILE 525

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO HF 93)

A BILL FOR

An Act relating to the examination, transportation, and embalming of dead bodies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.802, subsection 1, Code 2021, is amended to read as follows:
   1.  A person’s death which that affects the public interest as specified in subsection 3 shall be reported to the county medical examiner or the state medical examiner by the physician in attendance, any law enforcement officer having knowledge of the death, the embalmer funeral director, or any other person present. The appropriate medical examiner shall notify the city or state law enforcement agency or sheriff and take charge of the body.
    Sec. 2.  Section 331.802, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  If an autopsy is ordered under this section, the county shall reimburse the funeral director for all costs associated with the transportation of the body to and from the facility performing the autopsy at a rate equivalent to the rate of reimbursement allowed under the standard mileage rate method for computation of business expenses pursuant to the Internal Revenue Code at the time the transportation occurs.
    Sec. 3.  Section 331.805, subsection 2, Code 2021, is amended to read as follows:
   2.  It is unlawful to embalm a body when the embalmer funeral director has reason to believe death occurred in a manner specified in section 331.802, subsection 3, when there is evidence sufficient to arouse suspicion of a crime in connection with the cause of death of the deceased, or where it is the duty of a medical examiner to view the body and investigate the death of the deceased person, until the permission of a county medical examiner has been obtained. When feasible, the body shall be released to the funeral director for embalming within twenty-four hours of death.
    Sec. 4.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the examination, transportation, and embalming of dead bodies. The bill requires a funeral director, as opposed to an embalmer as currently required, to report to the county or state medical examiner a person’s death that affects the public interest. The bill prohibits the embalming of a body prior to receiving consent from the county medical examiner if the funeral director, as opposed to an embalmer, has reason to believe the death affects the public interest, when there is sufficient evidence to arouse suspicion of a crime related to the cause of death, or when the medical examiner has a duty to view the body and investigate the death.
   When an autopsy is ordered under Code section 331.802 due to a death affecting the public interest, the bill requires a county to reimburse a funeral director for all costs associated with transporting the body to and from the facility performing the autopsy at a rate equivalent to the rate of reimbursement allowed under the standard mileage rate method for computation of business expenses pursuant to the Internal Revenue Code at the time the transportation occurs.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.