Medical examiners.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0296

HOUSE BILL
NO.
HB0308

Medical examiners.

Sponsored by:
Representative(s) Zwonitzer, Dn.,
Carson
and Craft

A BILL

for

AN ACT relating to
a state

medical examiner; establishing a state medical examiner's office; providing for appointment
s
;
providing
for qualifications and duties; providing for deputy medical examiner; conforming provisions; providing an appropriation; authorizing positions;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 7
‑
4
‑
301 through 7
‑
4
‑
303 are created to read:

ARTICLE 3
STATE MEDICAL EXAMINER

7
‑
4
‑
301.

State medical examiner; appointment; qualifications; employees; salaries; duties.

(a)

There is created a state medical examiner's office in the office of the attorney general.

(b)

The
state medical examiner shall:

(i)

Be appointed by the attorney general with the consent of the governor;

(ii)

Serve at the pleasure of the attorney general
;

(iii)

Be a physician licensed to practice medicine in this state who:

(A)

Meets the qualifications of a forensic pathologist;

(B)

Is certified by the American Board of Pathologists; and

(C)

Meets other qualifications as are satisfactory to the attorney general.

(
c
)

The state medical examiner may appoint deputy medical examiners and other personnel as approved by the attorney general with the consent of the governor. Deputy medical examiners shall be physicians licensed to practice in this state.

(
d
)

The state medical examiner and staff shall receive salaries fixed by the personnel division, department of administration and information.

(
e
)

The state medical examiner shall have the authority to work with each county coroner and law enforcement to best determine the cause of death in a coroner's case as defined in W.S. 7
‑
4
‑
104(a)(i). The duties shall include, but
are
not limited to:

(i)

Conducting forensic investigations and pathological examinations and performing autopsies in order to accurately certify the cause and manner of death;

(ii)

Provide court testimony when necessary to accomplish the purpose of this chapter; and

(iii)

Assume custody of a deceased body if it appears that the death is a coroner's case as defined in W.S. 7
‑
4
‑
104(a)(i).

7
‑
4
‑
302.

Report to county coroner and district attorney.

When the cause of death has been established with reasonable medical certainty, the state medical examiner shall make available in writing to the county coroner and district attorney his determination as to cause of death and any other significant information pertaining to the deceased.

7
‑
4
‑
303.

Records.

Copies of records and detailed findings of autopsy and laboratory investigations shall be maintained by the state medical examiner's office.

Section 2.

W.S. 6
‑
4
‑
502(b)(i), 6
‑
5
‑
115(a)(i), 7
‑
4
‑
201(b)(intro), (ii)
,
(iii)
and
(f), 7
‑
4
‑
208, 7
‑
4
‑
209, 7
‑
4
‑
211(a)(i)
and (c)(i
v
)
, 9
‑
1
‑
634(b), 14
‑
3
‑
207, 16
‑
4
‑
203(d)(i), 31
‑
5
‑
1108(a), 33
‑
16
‑
108, 35
‑
1
‑
241(a)
(intro)
and
35
‑
1
‑
418(c) are amended to read:

6
‑
4
‑
502.

Mutilation of dead human bodies; penalties; exceptions.

(b)

This section does not apply to:

(i)

The state health officer acting pursuant to W.S. 35
‑
1
‑
241, or a physician or surgeon acting on the order of a court of competent jurisdiction, a coroner
, the state medical examiner
or other qualified officer;

6
‑
5
‑
115.

Neglect or refusal of ministerial officer to perform duty in criminal case; unnecessary delay in serving warrant; penalties.

(a)

A person commits a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than five hundred dollars ($500.00), or both, if he is:

(i)

A clerk, sheriff, coroner
, state
medical examiner
or other ministerial officer who refuses or neglects to perform any duty he is required by law to perform in any criminal case or proceeding; or

7
‑
4
‑
201.

Reports of death; investigation; summoning of jurors; fees and costs; inspection of medical records.

(b)

When the coroner is notified that the dead body of any person has been found within the limits of the county or that the death resulted from injury sustained within the county and he suspects that the death is a coroner's case, he shall conduct an investigation which
may

shall
include:

(ii)

The appointment of a qualified physician

Contacting the state medical examiner
to assist in

determining

investigating forensic and pathological evidence to determine
the cause of death;

(iii)

Assisting with a
n

autopsy if the
physician appointed to assist the coroner under this subsection

state medical examiner
determines an autopsy is necessary;

(f)

Notwithstanding any other provision of law to the contrary, the coroner

and state medical examiner
may inspect medical and psychological data relating to the person whose death is being investigated if the coroner

or state medical examiner
determines the information is relevant and necessary to the investigation.

7
‑
4
‑
208.

Authority of sheriff to perform duties of coroner.

If there is no coroner, deputy coroner or in case of their absence, or inability to act, the county sheriff of the same county
,
the state health officer pursuant to W.S. 35
‑
1
‑
241
,
or

the

coroner of another county

if there is a joint powers agreement pursuant to W.S. 16
‑
1
‑
102 through 16-1-108 between the counties authorizing the coroner to so act,

state medical examiner
is authorized to perform the duties of coroner in relation to dead bodies.

7
‑
4
‑
209.

Postmortem examination; liability limitation.

(a)

When an inquisition is being held,
if
the coroner
or the jury shall deem it requisite, he may summon one (1) or more physicians or surgeons

shall contact the state medical examiner
, to make an autopsy or postmortem examination.

(b)

If it is necessary to obtain or preserve evidence of the cause of death, the district attorney
may

order that a qualified physician

shall contact the state medical examiner to

perform an autopsy or postmortem examination of the body of any person who appears to have died by unlawful means, by violence, or when the cause of death is unknown.

(c)

No person is subject to civil liability solely because he requested or was involved in the performing of an autopsy that was ordered by a coroner
, state medical examiner
or district attorney.

7
‑
4
‑
211.

Board of coroner standards.

(a)

There is created a board of coroner standards. The board shall consist of one (1) chairman and six (6) members appointed by and who shall serve at the pleasure of the governor as follows:

(i)

One (1) shall be
a physician

with a specialty in pathology who is licensed to practice in this state
the state medical examiner
;

(c)

The board shall:

(iv)

Cooperate with the peace officer standards and training commission in developing basic and continuing education courses for coroners

and staff of the state medical examiner's office
;

9
‑
1
‑
634.

Academy to provide coroner training; certification of completion.

(b)

The executive director of the peace officers standards and training commission shall issue an appropriate certificate of completion to any coroner
,

or
deputy coroner

or any employee of the state medical examiner
who completes a coroner training course offered by the academy or which the board of coroner standards has certified as meeting board standards.

14
‑
3
‑
207.

Abuse or neglect as suspected cause of death; coroner's investigation
.

Any person who knows or has reasonable cause to suspect that a child has died as a result of child abuse or neglect shall report to the appropriate coroner. The coroner shall

contact the state medical examiner and together they shall
investigate the report and submit
his

their
findings in writing to the law enforcement agency, the appropriate district attorney and the local child protective agency.

16
‑
4
‑
203.

Right of inspection; grounds for denial; access of news media; order permitting or restricting disclosure; exceptions.

(d)

The custodian shall deny the right of inspection of the following records, unless otherwise provided by law:

(i)

Medical, psychological and sociological data on individual persons, exclusive of coroners'

or state medical examiner's
autopsy reports;

31
‑
5
‑
1108.

Report forms; failure to make report; false report.

(a)

The highway department shall prepare and upon request supply to police departments, coroners,

state medical examiners,
sheriffs and other suitable agencies or individuals, forms for accident reports required hereunder, appropriate with respect to the persons required to make the reports and the purposes to be served. The written reports to be made by persons involved in accidents and by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing and the persons and vehicles involved.

33
‑
16
‑
108.

When coroner's permission to embalm required; penalty.

It is unlawful to embalm a dead human body when any fact within the knowledge or brought to the attention of the embalmer is sufficient to arouse suspicion of crime in connection with the cause of death of the deceased, until permission of the coroner

or state medical
examiner
is obtained. Any person knowingly violating this section is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.

35
‑
1
‑
241.

Safe disposal of corpses in emergency circumstances.

(a)

The state health officer in consultation with the appropriate county coroner

or the state medical examiner
, during the period that a public health emergency exists, may:

35
‑
1
‑
418.

Death registration.

(c)

The medical certification shall be completed and signed within a reasonable time after death by the physician in charge of the patient's care for the illness or condition which resulted in death, except when inquiry is required by the postmortem examination. If the death occurred without medical attendance or if the physician last in attendance refuses or for any reason fails to sign the certificate immediately, the funeral director or person acting as funeral director shall notify the appropriate local registrar. In that event the local registrar shall inform the local health officer and refer the case to him for immediate investigation and certification of cause of death prior to issuing a permit for burial, cremation or other disposition of the body. If the circumstances of the case suggest that the death was caused by other than natural causes, the local registrar shall refer the case to the coroner for investigation and certification. The coroner shall examine the body and consider the history of the case, and obtain the assistance and advice of
a competent physician

the state medical examiner
who will assist the coroner in determining the cause of death by examination of the body, autopsy, inquest or other procedure determined necessary. The
nonmedical
coroner shall not diagnose the cause of death without the assistance and advice of
a competent physician

the state medical examiner
. The coroner
, state medical examiner
or local health officer shall complete and sign the medical certification within a reasonable time after taking charge of the case.

Section
3
.

(a)

There
is appropriated
four hundred thirteen thousand dollars ($413,000.00)
from the general fund to the attorney general for the period beginning July 1, 2009 and ending June 30, 2010. The purpose of this appropriation is to
fund the
implement
ation
of this act.
Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on
June 30, 2010.

(b)

The attorney general's office is
authorized three (3) full
-
time equivalent positions for the fiscal year beginning July 1, 2009, to implement the purposes of this act.

Section
4
.

This act is effective July 1, 2009
.

(END)

1
HB0308