Senate File 307 - Introduced SENATE FILE 307 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 106) A BILL FOR An Act relating to the examination and transportation of dead 1 bodies, including associated fees and costs. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1822SV (2) 89 js/ns

S.F. 307 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, subsection 2, paragraph a, Code 11 2021, is amended to read as follows: 12 a. If a person’s death affects the public interest as 13 specified in subsection 3 , the county medical examiner shall 14 conduct a preliminary investigation of the cause and manner 15 of death, prepare a written report of the findings, promptly 16 submit the full report to the state medical examiner on forms 17 prescribed for that purpose, and submit a copy of the report 18 to the county attorney. 19 Sec. 3. Section 331.802, subsection 4, Code 2021, is amended 20 to read as follows: 21 4. a. The county medical examiner shall conduct the 22 investigation in the manner required by the state medical 23 examiner and shall determine whether the public interest 24 requires an autopsy or other special investigation. However, 25 if the death occurred in the manner specified in subsection 26 3 , paragraph “j”, the county medical examiner shall order 27 an autopsy, claims for the payment of which shall be filed 28 with the state appeal board and, if authorized by the board, 29 shall be paid out of moneys in the general fund of the state 30 not otherwise appropriated. In determining the need for an 31 autopsy, the county medical examiner may consider the request 32 for an autopsy from a public official or private person, but 33 the state medical examiner or the county attorney of the county 34 where the death occurred may require an autopsy except as 35 -1- LSB 1822SV (2) 89 js/ns 1/ 3

S.F. 307 provided in paragraph “b” . 1 b. If after the county medical examiner’s or state medical 2 examiner’s investigation of a deceased child the medical 3 examiner determines that the deceased child’s cause and manner 4 of death are obvious and there are no significant legal, 5 medical, or investigative concerns by the medical examiner, 6 social services, or law enforcement, an autopsy shall not be 7 required under paragraph “a” . 8 c. The county medical examiner may refer a body for autopsy 9 or further investigation pursuant to paragraph “a” to any 10 facility accredited by the national association of medical 11 examiners. The county shall pay to the receiving facility a 12 fee equal to an autopsy fee established by the office of the 13 state medical examiner by rule. 14 Sec. 4. Section 331.804, Code 2021, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 3. The county shall reimburse the funeral 17 director for all costs associated with the transportation of 18 the body. 19 Sec. 5. Section 331.805, subsection 2, Code 2021, is amended 20 to read as follows: 21 2. It is unlawful to embalm a body when the embalmer funeral 22 director has reason to believe death occurred in a manner 23 specified in section 331.802, subsection 3 , when there is 24 evidence sufficient to arouse suspicion of crime in connection 25 with the cause of death of the deceased, or where it is the 26 duty of a medical examiner to view the body and investigate the 27 death of the deceased person, until the permission of a county 28 medical examiner has been obtained. When feasible, the body 29 shall be released to the funeral director for embalming within 30 twenty-four hours of death. 31 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 32 3, shall not apply to this Act. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -2- LSB 1822SV (2) 89 js/ns 2/ 3

S.F. 307 the explanation’s substance by the members of the general assembly. 1 This bill relates to the examination and transportation of 2 dead bodies. The bill requires a funeral director, as opposed 3 to an embalmer as currently required, to report to the county 4 or state medical examiner a person’s death that affects the 5 public interest. The bill prohibits the embalming of a body 6 prior to receiving consent from the county medical examiner if 7 the funeral director, as opposed to an embalmer, has reason to 8 believe the death affects the public interest, when there is 9 sufficient evidence to arouse suspicion of a crime related to 10 the cause of death, or when the medical examiner has a duty to 11 view the body and investigate the death. 12 The bill states that an autopsy shall not be required when, 13 after the county or state medical examiner’s investigation of 14 a deceased child, the medical examiner determines that the 15 deceased child’s cause and manner of death are obvious and 16 there are no significant legal, medical, or investigative 17 concerns by the medical examiner, social services, or law 18 enforcement. 19 The bill allows a county medical examiner to refer a body for 20 an autopsy or further investigation to any facility accredited 21 by the national association of medical examiners. The bill 22 requires the county to pay to the receiving facility a fee 23 equal to an autopsy fee established by the officer of the 24 state medical examiner. The bill also requires a county to 25 reimburse a funeral director for all costs associated with the 26 transportation of a body after an investigation or autopsy has 27 been completed. 28 The bill may include a state mandate as defined in Code 29 section 25B.3. The bill makes inapplicable Code section 25B.2, 30 subsection 3, which would relieve a political subdivision from 31 complying with a state mandate if funding for the cost of 32 the state mandate is not provided or specified. Therefore, 33 political subdivisions are required to comply with any state 34 mandate included in the bill. 35 -3- LSB 1822SV (2) 89 js/ns 3/ 3