Senate File 307 - Reprinted SENATE FILE 307 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 106) (As Amended and Passed by the Senate February 23, 2021 ) 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 SF 307 (3) 89 js/ns/mb

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- SF 307 (3) 89 js/ns/mb 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 331.802, Code 2021, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 9. If an autopsy is ordered under this 17 section, the county shall reimburse the funeral director for 18 all costs associated with the transportation of the body to and 19 from the facility performing the autopsy at a rate equivalent 20 to the rate of reimbursement allowed under the standard mileage 21 rate method for computation of business expenses pursuant 22 to the Internal Revenue Code at the time the transportation 23 occurs. 24 Sec. 5. Section 331.805, subsection 2, Code 2021, is amended 25 to read as follows: 26 2. It is unlawful to embalm a body when the embalmer funeral 27 director has reason to believe death occurred in a manner 28 specified in section 331.802, subsection 3 , when there is 29 evidence sufficient to arouse suspicion of crime in connection 30 with the cause of death of the deceased, or where it is the 31 duty of a medical examiner to view the body and investigate the 32 death of the deceased person, until the permission of a county 33 medical examiner has been obtained. When feasible, the body 34 shall be released to the funeral director for embalming within 35 -2- SF 307 (3) 89 js/ns/mb 2/ 3

S.F. 307 twenty-four hours of death. 1 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 2 3, shall not apply to this Act. 3 -3- SF 307 (3) 89 js/ns/mb 3/ 3