AN ACT RELATING TO HEALTH AND SAFETY -- OFFICE OF STATE MEDICAL EXAMINERS (Clarifies and updates language in the office of state medical examiners statute to address outdated or ambiguous language, outdated practices, outdated position titles/qualifications, and ensure compliance with federal HIPAA requirements.)

H7933

2026 -- H 7933
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LC005257
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO HEALTH AND SAFETY -- OFFICE OF STATE MEDICAL EXAMINERS

Introduced By:
Representatives Potter, Donovan, and Giraldo

Date Introduced:
February 27, 2026

Referred To:
House Health & Human Services
(Dept. of Health)
It is enacted by the General Assembly as follows:
1
SECTION 1. Sections 23-4-1, 23-4-2, 23-4-3, 23-4-4, 23-4-5, 23-4-6, 23-4-7, 23-4-8, 23-
2
4-9, 23-4-10, 23-4-11, 23-4-13, 23-4-14 and 23-4-15 of the General Laws in Chapter 23-4 entitled
3
"Office of State Medical Examiners" are hereby amended to read as follows:
4

23-4-1. Definitions.
5
(a) “Assistant medical examiner” means a duly licensed doctor of medicine or
doctor of

6
osteopathy appointed to assist the office of state medical examiners
on a part-time basis

in a medical
7
examiner role subordinate to the chief medical examiner
.
8
(b) “Autopsy” means the
external inspection of a dead body and subsequent
dissection
of
9
a dead body and the removal and examination of bone, tissue, organs, and foreign objects
, internal
10
examination and collection of specimens and relevant foreign objects, for laboratory and/or other
11
forensic testing as deemed necessary
for the purpose of determining
the condition of the body and

12
the cause and
the
manner of
the
death.
13
(c) “Cause of death” means
the agent that has directly or indirectly resulted in a death

the
14
disease, condition, or injury that initiated the chain of events that led directly to the death
.
15

(d) “External inspection” means an external examination of a dead body without dissection.
16
Specimens such as blood may be collected during an external inspection to assist with determining
17
the cause and manner of death.
18

(e) “Death investigation” means the investigation into a death that falls to the jurisdiction
19
of the office of state medical examiners to the extent necessary to establish the cause and manner

1
of death with a reasonable degree of medical certainty. Death investigations may include, but are
2
not limited to, death scene investigation, review of medical records, external inspection, autopsy,
3
and postmortem testing.
4

(d)
(f)
“Inquest” means an official judicial inquiry before a medical examiner and/or
5
medical examiners jury for the purpose of determining the manner of death.
6

(e)
(g)
“Manner of death” means
the means or fatal agency that caused a death

how the
7
death occurred. Manner of death includes, but is not limited to, homicide, suicide, natural, accident,
8
or undetermined
.
9

(h) “Person of interest” means the spouse, adult child, parent, adult sibling, grandparent, or
10
guardian of the deceased person at the time of the deceased person’s death.
11

(i) “Physician” means any person licensed to practice allopathic or osteopathic medicine
12
pursuant to the provisions of chapter 37 of title 5.
13

(f)
(j)
“Postmortem examination” means examination
of the decedent’s body or remains

14
after death and includes
an examination of the dead body and surroundings by an agent of the office
15
of state medical examiners but does not include dissection of the body for any purpose

either an
16
external inspection, partial autopsy, or a full autopsy
.
17

(g)
(k)
“Work product” means preliminary drafts, notes, impressions, memoranda, working
18
papers, and similar documents of a governmental entity, whether in electronic or
other

another

19
format.
20

23-4-2. Establishment of office.
21
(a) There is established in the department of health the office of state medical examiners.
22
The director of health
, with the advice of the state medical examiners commission,
is authorized to
23
adopt, amend, promulgate, and enforce rules
,

and
regulations
,
and standards that may be designed
24
to further the accomplishment of the purposes of this chapter.
25
(b) The office of state medical examiners shall obtain and maintain accreditation by the
26
National Association of Medical Examiners
(NAME)
or other national accrediting organization in
27
the field of
forensic medicine and pathology

medical examiner death investigation systems
.
28

23-4-3. Functions.
29
The office of state medical examiners shall be responsible for:
30
(1) The investigation of deaths
occurring
within the state that, in its judgment, might
31
reasonably be expected to involve causes
or manners
of death enumerated in this chapter;
32
(2) For the conduct of inquests when requested by the attorney general;
33
(3) For the performance of
autopsies

postmortem examinations
, including the retention,
34
examination, and appropriate disposal of tissue, when appropriate, for deaths that, in its judgment,

LC005257 - Page 2 of 16
1
might reasonably be expected to involve causes
or manners
of deaths enumerated in this chapter;
2
(4) For the written determination of the causes
and manners
of death investigated pursuant
3
to this chapter;
4
(5) For the presentation to the courts of Rhode Island of expert testimony relating to the
5
cause
and manner
of death
enumerated in this chapter
;
6
(6) For the keeping of complete records, including
names

decedent name
,
places

location
7
of death
, circumstances
of death
, and causes
and manners
of
all
deaths
, of deaths
investigated
and
8
reported, copies of which shall be delivered to the attorney general and of which written
9
determinations of causes of death shall be made available for public inspection
;
10
(7)
For the burial of bodies for which there is no other existing legal responsibility to do so

11
For approving organ and tissue donation to the extent possible from decedents whose deaths are
12
being investigated by the office of state medical examiners; provided that, such donation will not
13
interfere with the ability to determine cause or manner of death with a degree of medical certainty
;
14
(8)
For the development and enforcement of procedures for the pronouncement of death
15
and for the transplantation of organs from bodies of persons who have died within the state

For
16
making available the death investigation case information necessary to compile the case studies
17
that will be reviewed by the respective multidisciplinary death review teams enumerated in this
18
chapter
;
19
(9)(i) For
supporting
a multidisciplinary team review of child fatalities
administered by the
20
department of health
with the goal to decrease the prevalence of preventable child deaths and report
21
recommendations for community- and systems-intervention strategies. A child death-review team
22
shall include, but is not limited to, representation from state agencies, health care, child welfare,
23
and law enforcement; and
24
(ii) The work product of the child death-review team shall be confidential and protected
25
under all applicable laws, including the federal Health Insurance Portability and Accountability Act
26
of 1996 and the Rhode Island confidentiality of health care information act (chapter 37.3 of title 5)
27
and shall be exempt from the provisions of chapter 2 of title 38 and shall be deemed privileged
28
pursuant to § 23-17.21-8;
29
(10) The department of health shall work with the department of children, youth and
30
families and the office of the child advocate to develop a process to ensure the timely availability
31
of autopsy reports on child deaths;
32
(11)(i) For
supporting
a multidisciplinary team review of drug-related overdose deaths
33
administered by the department of health
with the goal of reducing the prevalence of these deaths
34
by examining emerging trends in overdose, identifying potential demographic, geographic, and

LC005257 - Page 3 of 16
1
structural points for prevention, and other factors. The multidisciplinary team for review of drug-
2
related overdose deaths may include, as determined by the director of the department of health,
3
representatives from the department of health; the department of the attorney general; the Rhode
4
Island state police; the department of corrections; the department of behavioral healthcare,
5
developmental disabilities and hospitals; the Rhode Island Police Chiefs Association; the Hospital
6
Association of Rhode Island; an emergency department physician; a primary care physician; an
7
addiction medicine/treatment provider; a mental health clinician; a toxicologist; a recovery coach
8
or other representative of the recovery community; and others as may be determined by the director
9
of the department of health;
10
(ii) The work product of the multidisciplinary team for review of drug-related overdose
11
deaths shall be confidential and protected under all applicable laws, including the federal Health
12
Insurance Portability and Accountability Act of 1996 and the Rhode Island confidentiality of health
13
care information act (chapter 37.3 of title 5), and shall be exempt from the provisions of chapter 2
14
of title 38, not subject to subpoena, discovery, or introduction into evidence in any civil or criminal
15
proceeding, and not subject to disclosure beyond the team members (except to authorized
16
employees of the department of health as necessary to perform its official duties pursuant to this
17
subsection (11));
18
(iii) The multidisciplinary team shall report on or before December 1 of each year to the
19
governor, the speaker of the house, and president of the senate, which report shall summarize the
20
activities of the team, as well as the team’s findings, progress towards reaching its goals, and
21
recommendations for any needed changes in legislation or otherwise;
22
(iv) [Deleted by P.L. 2021, ch. 21, § 1 and P.L. 2021, ch. 22, § 1.]
23
(v) The multidisciplinary team, or Rhode Island department of health state employees
24
appointed by the director of the department of health, shall, as relatives of the deceased are willing,
25
be empowered to gather information from such consenting relatives regarding the circumstances of
26
the decedent’s death. The information gathered shall remain confidential and publicly released as
27
aggregate de-identified information. The information gathered will be utilized to help identify
28
specific prevention and intervention strategies to prevent further deaths. The information gathered
29
shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal
30
proceeding, and shall not be subject to disclosure beyond the team members except to authorized
31
employees of the department of health as necessary to perform its official duties pursuant to this
32
subsection (11), and except as aggregate de-identified information;
33
(12)(i) For
supporting
a multidisciplinary maternal mortality review committee
34
administered by the department of health
for review of maternal deaths of women that occur during

LC005257 - Page 4 of 16
1
pregnancy, delivery, or within one year of the end of pregnancy with the goal of reducing the
2
prevalence of such deaths by examining emerging trends in such deaths, identifying potential
3
demographic, geographic, and structural points for prevention, and other factors. This committee
4
has the authority to request and receive data from vital records, healthcare providers, healthcare
5
facilities, pharmacy records, and any other agencies or officials having information that is necessary
6
for the committee to carry out its duties under this section. The multidisciplinary maternal mortality
7
review committee shall include, but not be limited to, as determined by the director of the
8
department of health, representation from state agencies; an obstetric provider from each hospital
9
that delivers obstetrical care; a neonatal specialist; individuals or organizations that represent the
10
populations that are most affected by pregnancy-related deaths or pregnancy-associated deaths and
11
lack of access to maternal healthcare services; a perinatal pathologist; and a maternal fetal medicine
12
specialist. This committee shall develop recommendations for the prevention of maternal deaths
13
and disseminate findings and recommendations to policy makers, healthcare providers, healthcare
14
facilities, and the general public;
15
(ii) The work product of the maternal mortality review committee shall be confidential and
16
protected under all applicable laws, including the federal Health Insurance Portability and
17
Accountability Act of 1996 and the Rhode Island confidentiality of health care information act
18
(chapter 37.3 of title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall
19
be deemed privileged pursuant to § 23-17.21-8; and
20
(13)(i) For
supporting
a multidisciplinary team review of suicide deaths
administered by
21
the department of health
with the goal of reducing the prevalence of these deaths by examining
22
trends in demographic, geographic, community, and structural protective and risk factors. The
23
multidisciplinary team may include, as determined by the director of the Rhode Island department
24
of health (RIDOH), representatives from the office of the state medical examiners, RIDOH’s
25
violence and injury prevention program, the department of behavioral healthcare, developmental
26
disabilities and hospitals, emergency medical services, law enforcement, health care, and others as
27
may be determined by the director of the department of health;
28
(ii) The work product of the adult suicide fatality review team shall be confidential and
29
protected under all applicable laws, including the federal Health Insurance Portability and
30
Accountability Act of 1996 and chapter 37.3 of title 5 (the “Rhode Island confidentiality of health
31
care communications and information act”) and shall be exempt from the provisions of chapter 2
32
of title 38 (“access to public records”) and shall be deemed privileged pursuant to § 23-17.21-8,
33
not subject to subpoena, discovery, or introduction into evidence in any civil or criminal
34
proceeding, and not subject to disclosure beyond the team members (except to authorized

LC005257 - Page 5 of 16
1
employees of the department of health as necessary to perform its official duties pursuant to this
2
subsection (13));
3
(iii) The multidisciplinary team shall be responsible for developing annual
4
recommendations for the state suicide prevention coalition and/or the state agency(ies) responsible
5
for suicide prevention in Rhode Island. The recommendations should align with the Rhode Island
6
suicide prevention state plan and shall outline, based on suicide fatality case review data, potential
7
strategies to increase protective factors and decrease risk factors to reduce suicide deaths in Rhode
8
Island.
9

23-4-4. Jurisdiction.
10
The office of state medical examiners shall have the authority to
make postmortem
11
examinations

conduct death investigations
, to undertake inquests, and to perform
autopsies

12
postmortem investigations in all deaths occurring in Rhode Island
where there may be in its
13
judgment
a
reasonable
belief that the manner of death could be pronounced as

evidence to suspect
:
14
(1) Death by a homicide, suicide,
or casualty

accident, undetermined or unusual manner
;
15

(2) Death due to a criminal abortion;
16

(3) Death due to an accident involving lack of due care on the part of a person other than
17
the deceased;
18

(4)
(2)
Death which is the immediate or remote consequences of any physical or toxic injury
19
incurred while the deceased person was employed;
20

(5)
(3)
Death due to the use of
addictive

illegal drugs, prescription drugs, non-prescription
21
drugs, medicinal substances, or other identifiable
or unidentifiable chemical agents
, including
22
toxins and toxicants
;
or
23

(6)
(4)
Death due to an infectious agent capable of spreading an epidemic within the state
;
24
or
25

(5) Death that is sudden or unexpected when the decedent was in apparent good health;
26

(6) Death that occurred under circumstances reportable to the office of state medical
27
examiners as enumerated in this chapter or as described in rules promulgated by the department
.
28

23-4-5. Chief medical examiner — Assistants and other staff.
29
(a) The office shall be under the immediate supervision of a chief, who shall be known as
30
the “chief medical examiner” and who shall be a physician licensed under the provisions of chapter
31
37 of title 5, and a qualified
forensic
pathologist certified by the American Board of Pathology
in
32
both anatomic and forensic pathology
and who has had forensic
training or

pathology
experience.
33
He or she shall be appointed by the director of health as shall the deputy chief medical examiner
34
with the advice of the medical examiner’s commission
. The chief medical examiner shall be in the

LC005257 - Page 6 of 16
1
unclassified service and the deputy chief medical examiner shall be in the classified service.
2
(b) The chief medical examiner shall appoint, with the approval of the director of health,
3
assistant

deputy
medical examiners and shall hire other staff as necessary to carry out the provisions
4
of this chapter.
5

(c) Persons employed full time at the time of enactment of this chapter within the division
6
of medical examiners in the department of the attorney general shall be transferred to the office of
7
state medical examiners with their former rights and privileges of employment. For members
8
eligible to retire on or before June 30, 2012, such members shall be eligible for retirement benefits
9
after the age of fifty (50) years and service of twenty (20) years, including service within the
10
division of medical examiners. For members eligible to retire on or after July 1, 2012, such
11
members shall be eligible for retirement benefits in accordance with chapters 8 through 10 of title
12
36.
13

23-4-6.
State medical examiners commission.
State postmortem advisory commission.
14
(a) There is established the state
medical examiners

postmortem advisory
commission. The
15
commission shall hear and determine appeals to decisions by
the
chief medical
examiners

examiner

16
regarding
the undertaking of investigations, inquests, and autopsies, and shall advise the chief
17
medical examiner on matters of public concern

cause and manner of death
.
18
(b) The commission shall consist of
twelve (12)

a panel of five (5)
members
, three (3) of
19
whom shall be ex officio members, viz., the director of health, the attorney general, the
20
superintendent of state police, and nine (9) citizens of the state to be
appointed by the governor
21
with the advice and consent of the senate
for
the

a
term of three (3) years.
Criteria for appointment
22
must include that the member be a physician, preferably with experience in performing autopsies
23
to determine cause of death and who must not have been or currently employed or retained as an
24
independent contractor by the office of state medical examiners within one year after employment
25
or retainment as an independent contractor has ceased.
The governor shall give due consideration
26
to any recommendations for nominations submitted to him or her by the president of the Rhode
27
Island Medical Society, the president of the Rhode Island Society of Pathologists,
the president of
28
the Rhode Island Bar Association,

board-certified pathologists, preferably forensic pathologists,
29
and
the vice president of Brown University Division of Biological and Medical Sciences
and the
30
president of the Rhode Island Funeral Directors Association
. Each
citizen
member shall hold office
31
for the term of
his or her

their
appointment and until his or her successor is appointed.
Vacancies
32
for citizen members shall be filled by appointment for the unexpired term only

The members shall
33
serve without compensation. If a commission member has a conflict of interest, that member must
34
recuse themselves from hearing and determining appeals to decisions by the chief medical examiner

LC005257 - Page 7 of 16
1
regarding the cause and manner of death
.
The administrator of the office of the state medical
2
examiners, or the administrator’s designee, shall serve as administrator of the commission to
3
provide technical and administrative support.
4
(c)
The director of health and the attorney general shall be the chairperson and vice
5
chairperson, respectively, of the commission. The chief medical examiner of the office of state
6
medical examiners shall serve as the executive secretary of the commission, and the expenses of
7
the commission shall be a responsibility of the department of health. The board may elect from
8
among its members such other officers as it deems necessary. Seven (7) members of the board shall
9
constitute a quorum and the vote of a majority of those present and voting shall be required for
10
action. The commission shall meet at the call of its chairperson and at least four (4) times each year,
11
the time and the place for each meeting to be fixed by the chairperson.

Except in a case of a finding
12
of homicide, a person of interest may request the office of state medical examiners to make
13
amendments to findings and conclusions on the cause and manner of death recorded on a certificate
14
of death within sixty (60) days after a medical examiner certifies the death certificate. The request
15
to amend the findings and conclusions of a death certificate shall:
16

(1) Be in writing to the chief medical examiner;
17

(2) Clearly describe the requested amendment;
18

(3) State the reason for the change; and
19

(4) Provide a return address.
20
(d)
Members of the commission shall be removable by the governor pursuant to the
21
provisions of § 36-1-7 of the general laws and for cause only, and removal solely for partisan or
22
personal reasons unrelated to capacity or fitness for the office shall be unlawful.

Within sixty (60)
23
days of receiving the request in writing, the chief medical examiner shall provide the person of
24
interest written notice of the action taken.
25
(e)
Within ninety (90) days after the end of each fiscal year, the commission shall approve
26
and submit an annual report to the governor, the speaker of the house of representatives, the
27
president of the senate, and the secretary of state, of its activities during that fiscal year. The report
28
shall provide an operating statement summarizing meetings or hearings held, including meeting
29
minutes, subjects addressed, decisions rendered, appeals considered and their disposition, rules or
30
regulations promulgated, studies conducted, policies and plans developed, approved, or modified,
31
and programs administered or initiated; a consolidated financial statement of all funds received and
32
expended including the source of the funds, a listing of any staff supported by these funds, and a
33
summary of any clerical, administrative or technical support received; a summary of performance
34
during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis

LC005257 - Page 8 of 16
1
of hearing, complaints, suspensions, or other legal matters related to the authority of the
2
commission; a summary of any training courses held pursuant to this chapter; a briefing on
3
anticipated activities in the upcoming fiscal year; and findings and recommendations for
4
improvements. The report shall be posted electronically on the websites of the general assembly
5
and the secretary of state pursuant to the provisions of § 42-20-8.2. The director of the department
6
of administration shall be responsible for the enforcement of the provisions of this subsection.

If
7
the chief medical examiner denies the written request to amend findings and conclusions on the
8
cause and/or manner of death, the person of interest may appeal the denial in writing within fifteen
9
(15) days to the director of health. The director shall refer the matter within fifteen (15) days of the
10
receipt of the appeal request to the state postmortem advisory commission.
11
(f)
The commission shall conduct a training course for newly appointed and qualified
12
members within six (6) months of their qualification or designation. The course shall be developed
13
by the chair of the commission, be approved by the commission, and be conducted by the chair of
14
the commission. The commission may approve the use of any commission and/or staff members
15
and/or individuals to assist with training. The training course shall include instruction in the
16
following areas: the provisions of chapters 42-46, 36-14 and 38-2; and the commission’s rules and
17
regulations. The director of the department of administration shall, within ninety (90) days of June
18
16, 2006, prepare and disseminate training materials relating to the provisions of chapters 42-46,
19
36-14, and 38-2.

The state postmortem advisory commission shall conduct a hearing on the denial
20
and on the establishment of the amendments to the findings and conclusions on the cause and/or
21
manner of death.
22

(g) Upon reviewing the findings of fact submitted to the state postmortem advisory
23
commission, the commission shall recommend a decision to the director of health. The director
24
shall issue a final administrative order within sixty (60) days to:
25

(1) Adopt the recommendation of the commission; or
26

(2) Reject the recommendation of the commission and affirm the original findings of the
27
chief medical examiner.
28

(h) The director’s order shall constitute a final administrative order. If the director rejects
29
the recommendation of the commission, the person of interest may appeal the final administrative
30
order to the Rhode Island superior court.
31

(i) If the final decision of the director, or the decision upon final adjudication on appeal
32
establishes a different finding or conclusion on the cause or manner of death, the chief medical
33
examiner shall amend the death certificate to reflect the change in finding or conclusion. The chief
34
medical examiner shall send a request to amend the death certificate to reflect the final decision to

LC005257 - Page 9 of 16
1
the state registrar of vital records pursuant to § 23-3-4. The registrar of vital records shall amend
2
the death certificate to reflect the final decision.
3

(j) The final decision of the director, or of the court, may not give rise to any presumption
4
concerning the application of any provision of or the resolution of any claim concerning a policy
5
of insurance relating to the deceased.
6

(k) If the findings of the chief medical examiner are upheld by the director, the appellant
7
is responsible for the costs of the contested case hearing based on the billing rates established by
8
the department of health pursuant to § 23-4-13.
9

23-4-7. Reporting of certain deaths required — Violations — Penalties.
10
(a)(1) Where any person shall die in any manner
to suggest the possibility of a criminal act
11
or as the result of violence or apparent suicide, or from a criminal abortion or in any suspicious or
12
unusual manner

or circumstances enumerated in § 23-4-4
, it shall be the duty of any person having
13
knowledge of those deaths to immediately notify the police of the city or town where the body of
14
the deceased person lies or to notify the office of state medical examiners. The same procedure
15
shall be followed upon discovery of anatomical material suspected of being or determined to be a
16
part of a human body.
17
(2) Any person who willfully neglects or refuses to report that death or who without an
18
order from an agent of the office of medical examiners willfully touches, removes, or disturbs the
19
body of that dead person, or willfully touches, removes, or disturbs the clothing or any article upon
20
or near that body,
shall be guilty of a misdemeanor

shall be reported to the appropriate law
21
enforcement agency. The body shall not be disturbed without authorization of the medical examiner
22
except in those cases in which a possibility of life remains, whereupon the law enforcement officer
23
or appropriate emergency medical services personnel on the scene shall initiate and facilitate such
24
lifesaving procedures as may be appropriate. After death is declared or pronounced, the body is not
25
to be disturbed, and nothing is to be removed from the body
.
26
(b) If any person buries or causes to be buried the dead body of a person supposed to have
27
come to a violent death before giving notice as stated in subsection (a) and before inquiry is made
28
into the manner and circumstances of the death,
that person shall be guilty of a misdemeanor

that
29
person shall be reported to the appropriate law enforcement agency
.
30
(c) When any person may appear to have met death when unattended by a physician, or in
31
any unnatural manner, or as the apparent result of
the negligence of another person, or as the
32
consequence of any physical or toxic injury incurred while employed, or from the use of any
33
addictive or unidentifiable chemical agent, or from accidental hypothermia, or from an infectious
34
agent capable of spreading an epidemic within the state

circumstances or manners enumerated in §

LC005257 - Page 10 of 16
1
23-4-4
, it shall be the duty of any physician, law enforcement officer, funeral director, hospital
2
official having knowledge of the death, or of any other person having responsibility for burial or
3
cremation of the deceased person to notify the office of the state medical examiners. In the case of
4
any prisoner committed by law to the custody of the department of corrections or in the department
5
of behavioral healthcare, developmental disabilities and hospitals who dies or in the case of a person
6
who dies while in the custody
of the state police or local police departments

of law enforcement as
7
defined by the U.S. Department of Justice
, the person charged with the responsibility for that
8
custody shall have the duty to immediately notify the office of the state medical examiners. Any
9
person charged with the responsibility of notifying the office of state medical examiners of any of
10
the deaths stated in the first sentence of this subsection who neglects to give that notice shall
upon
11
conviction be guilty of a misdemeanor

be reported to the office of the attorney general
.
12
(d) If an agent of the office of state medical examiners is of the opinion that a death was
13
caused by the act of neglect of some person other than the deceased, he or she shall at once notify
14
the attorney general, and the police of the city or town where the body was found or in which it
15
lies.
If any person shall be arrested and charged with causing any death by the act of neglect, the
16
person so arrested shall be entitled to receive a copy of the record of the autopsy, upon written
17
request delivered to the attorney general.
18
(e) Where any person age sixty-five (65) years or older may appear to have died from
19
accidental hypothermia
or hyperthermia
, the death shall be reported to the
department of elderly
20
affairs

office of healthy aging
by the state medical examiner
.

or

21

(f)

when

When
any person, under the age of eighteen (18) shall die, the
physician signing

22
medical professional pronouncing
the death
certificate
shall report the death to the state medical
23
examiner’s office within
twenty-four (24)

six (6)
hours of the death.
24

(f)
(g)
Any person who violates any of the provisions of subsection (a) or (b) of this section
25
and
does so with the intention

upon conviction
of concealing a
felony
crime
or having knowledge
26
of the commission of any felony offense,
shall be
guilty of a felony and, upon conviction, shall be

27
fined or
imprisoned
for a term of not more than five (5) years or fined ten thousand dollars
28
($10,000), or both

in accordance with § 11-1-5
.
29

23-4-8. Procedure for investigation of deaths.
30
(a) When the office of state medical examiners has notice that there has been found or is
31
lying within this state the body of a person who is supposed to have come to his or her death by
32
violence, or in any manner
or circumstances
as stated in
§ 23-4-7

this chapter or in rules
33
promulgated by the department
, an agent of the office of state medical examiners shall
immediately
34
proceed to the place where the body lies and take charge of it, view it, and make personal inquiry

LC005257 - Page 11 of 16
1
into the cause and manner of death

determine the medicolegal authority of the case, and if accepted,
2
the office of the state medical examiners shall take jurisdiction of the body and initiate a
3
postmortem investigation
. If the body is found at the residence of the deceased, the agent of the
4
office of state medical examiners shall not remove the body from the residence unless necessary
5
for
further
postmortem examination or
autopsy

further investigation
.
6
(b) A health care facility
, healthcare provider, educational institution, correctional
7
institution, or law enforcement agency
shall disclose any and all information in its possession
8
including, but not limited to, medical records, educational records, and incident reports,
requested
9
by the state medical examiner
or his or her agent
in connection with the
death
investigation
of the
10
death
of a
decedent who was a
current or former patient
, student, or subject of a law enforcement
11
report or case file
to the extent necessary
as determined by the office of the state medical examiners,
12
in order
to assist the medical examiner in determining the cause
and manner
of death.
Law
13
enforcement agencies responding to the scene of a death are required to provide the office of state
14
medical examiners with copies of all related law enforcement reports including, if requested,
15
photographs and videos related to the incident.
16

23-4-9. Deaths in public places.
17
In the event that a person dies suddenly on a public highway or elsewhere in the public
18
view
and the death appears to be from natural causes or the result of injuries received from a
19
highway accident
,
an agent of the office of the state medical examiners, or
the state police or any
20
superior officer of the local police
or an agent of the office of state medical examiners
, in
21
consultation with and with permission from the office of the state medical examiners
may order the
22
removal of the body from the place of death,
upon completion of their investigation as to the cause
23
and manner of death, to the funeral home designated by a family representative of the deceased or
24
to the state morgue or any hospital

to the office of the state medical examiners or to an alternate
25
location as directed and approved by an agent of the office of state medical examiners
.
26

23-4-10. Disposition of deceased bodies.
27
(a) The office of state medical examiners shall, after any postmortem external examination
28
or any autopsy, promptly release the deceased body to the relatives, representatives, or domestic
29
partners or other persons authorized by law to make arrangements for the disposition of the
30
decedent’s remains. The cost of transporting the deceased body to the office of state medical
31
examiners shall be borne by the state if the autopsy was required to be performed as provided in
32
this chapter. If the relatives, representatives, or domestic partners of the decedent or other person
33
authorized by law to make arrangements for the disposition of the decedent’s remains:
34
(1) Fails or refuses to claim the body within fourteen (14) days of receiving notice of the

LC005257 - Page 12 of 16
1
death of the decedent; or
2
(2) Fails or refuses to make arrangements with a funeral home for the removal of the body
3
from the state medical examiner’s morgue within thirty (30) days of receiving notice of the death
4
of the decedent, then the body shall be deemed unclaimed and shall be buried in accordance with
5
§ 40-6-3.10. If there are no known relatives, representatives or domestic partners, after reasonable
6
public notices, the body shall be deemed unclaimed and the office of state medical examiners shall
7
cause the body of the deceased person to be buried in accordance with § 40-6-3.10. The general
8
treasurer of the state shall have first priority in recovering the expenses of burial from the estate of
9
the deceased person.
10
(b) For the purpose of this chapter, “domestic partner” shall be defined as a person who,
11
prior to the decedent’s death, was in an exclusive, intimate, and committed relationship with the
12
decedent, and who certifies by affidavit that their relationship met the following qualifications:
13
(1) Both partners were at least eighteen (18) years of age and were mentally competent to
14
contract;
15
(2) Neither partner is married to anyone else;
16
(3) Partners were not related by blood to a degree that would prohibit marriage in the state
17
of Rhode Island;
18
(4) Partners resided together and had resided together for at least one year at the time of
19
death; and
20
(5) Partners were financially interdependent as evidenced by at least two (2) of the
21
following:
22
(i) Domestic partnership agreement or relationship contract;
23
(ii) Joint mortgage or joint ownership of primary residence;
24
(iii) Two (2) of the following:
25
(A) Joint ownership of motor vehicle;
26
(B) Joint checking account;
27
(C) Joint credit account;
28
(D) Joint lease; and/or
29
(iv) The domestic partner had been designated as a beneficiary for the decedent’s will,
30
retirement contract, or life insurance.
31

(c) The office of the state medical examiners shall, in the event of a multiple or mass
32
fatality, after consultation with the lead investigative agency for the incident, have the authority to
33
order the cremation of recovered comingled remains that were not genetically linked to any single
34
decedent.

LC005257 - Page 13 of 16
1

23-4-11. Effects and property of deceased.
2
An agent of the office of state medical examiners,
as the case may be

during the course of
3
investigation of a death
,
may

shall
take into
his or her

their
possession all articles and property of
4
the deceased on or about the body
as well as other items at the scene that are deemed relevant to
5
the investigation
and shall deliver them to the office of the
chief

state
medical
examiner

examiners

6
if
an autopsy or

a
postmortem examination
is ordered,

will be performed.

but shall otherwise deliver
7
them to a member of the family taking a receipt for them. Provided, however, any

The original or
8
a copy of a
letter, note, or any other written instrument, the contents of which relate to the manner
9
or cause of the death of the deceased, shall be permanently retained in the files of the office.
If an
10
autopsy is ordered, the chief medical examiner shall upon completion of the investigation deliver
11
all other articles or property to a member of the family of the deceased taking a receipt from that
12
family member and, if any dispute exists among members of the family, he or she shall hold the
13
other articles or property for the executor or administrator of the estate of the deceased when
14
appointed.

When a funeral home livery service picks up a decedent from the state morgue whose
15
death was investigated by the office of state medical examiners, any personal property of the
16
decedent that was removed prior to or during postmortem examination by the office of state medical
17
examiners shall be released with the body except for personal property that is being held for law
18
enforcement investigation of a crime. Prior to release, the funeral home livery personnel shall sign
19
an itemized receipt of the decedent’s personal property in possession of the office of the state
20
medical examiners.

In the event that

If
death
shall have
occurred in a hotel or other public place
21
where possessions of the deceased may be lying,
an agent of the office of state medical examiners

22
the responding law enforcement agency
shall make suitable arrangements for the protection of the
23
property.
24

23-4-13. Establishment of fees.
25
The director of the department of health
shall

is authorized to
establish fees for
autopsy

26
copies of documents such as postmortem
reports,
cremation certificates,
and
statistics

for
27
authorization of cremations
. The director
shall

is
also
authorized to establish and
impose fees, at an
28
hourly or daily rate, to give testimony in civil suits under this chapter. All fees are as set forth in §
29
23-1-54. The director is authorized to establish in regulation reasonable fees for
copies of
additional
30
documents
or other case file contents or archive searches
not otherwise specified in this section.
31
All of these fees shall be collected and deposited as general revenues; provided, however, that no
32
city or town

Rhode Island state agency
, or any
agency

office
or department of a city
and

or
town
33
within the state,
or the department of human services

law enforcement agencies from other states,
34
federal agencies, and hospitals licensed pursuant to chapter 17 of title 23 entitled by law to such

LC005257 - Page 14 of 16
1
documents or other case file contents
, shall be required to pay any fees established by the director
2
pursuant to this section.
3

23-4-14.
Preservation of reports — Tabular reports.
Annual reports.
4

The director of the department of health shall cause the returns received by the office of
5
state medical examiners and reports made by that office on causes of death for each year, in
6
accordance with this chapter, to be bound together with an index to the volume. The director of
7
health in his or her capacity as ex officio state registrar shall prepare or cause to be prepared from
8
the returns tabular results that will render them of practical utility, and shall annually report thereof
9
in connection with the report of births, marriages, and deaths required by chapter 3 of this title.

The
10
office of the state medical examiners shall produce an annual statistical report of all deaths
11
investigated after all cases are closed for a calendar year. The report shall be publicly posted.
12
Annual reports generated shall be retained in keeping with the state’s retention schedule.
13

23-4-15. Morgue.
14

A centrally located

An office and
morgue shall be provided with
laboratories, furniture

the
15
necessary staffing
, equipment,
records,
and supplies
that may be
required
in the

to
conduct
the
16
duties and obligations
of the office of state medical examiners
as described within this chapter,
17
rules promulgated by the department, and in keeping with applicable accreditation requirements
.
18
SECTION 2. Section 23-4-12 of the General Laws in Chapter 23-4 entitled "Office of State
19
Medical Examiners" is hereby repealed.
20

23-4-12. Compensation for recovery of body from water.
21

When services are rendered in bringing to land the dead body of a person found in any of
22
the harbors, rivers, or waters of the state, compensation for services as he or she deemed reasonable
23
may be allowed; but this privilege shall not entitle any person to compensation for services rendered
24
in search for a dead body.
25
SECTION 3. This act shall take effect upon passage.
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LC005257
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LC005257 - Page 15 of 16
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY -- OFFICE OF STATE MEDICAL EXAMINERS
***
1
This act would clarify and update language in the office of state medical examiners statute
2
to address outdated or ambiguous language, outdated practices, outdated position
3
titles/qualifications, and ensure compliance with federal HIPAA requirements.
4
This act would take effect upon passage.
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LC005257
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LC005257 - Page 16 of 16