HB 225: "An Act relating to medical examiners and medical death examinations."
00 HOUSE BILL NO. 225 01 "An Act relating to medical examiners and medical death examinations." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.65.015(a) is amended to read: 04 (a) The commissioner of health and social services shall appoint a state 05 medical examiner to perform the duties set out in AS 12.65.015 - 12.65.025. The 06 commissioner shall [MAY] also appoint a deputy medical examiner, and may 07 appoint assistant medical examiners, to perform or assist the state medical examiner 08 in performing these duties. To be eligible for the position of medical examiner, deputy 09 medical examiner, or assistant medical examiner, a person must be a physician 10 licensed to practice in this state or, if the physician is licensed in another jurisdiction, 11 the physician must be employed by the state or by an agency of the United States 12 government within the state. The state medical examiner, deputy medical examiner, 13 and assistant medical examiners are in the exempt service under AS 39.25.110. 14 * Sec. 2. AS 12.65.015(b) is amended to read: 15 (b) The state medical examiner and the deputy medical examiner must be
01 physicians [A PHYSICIAN] licensed to practice in the state who have [HAS] 02 education and experience in forensic pathology. 03 * Sec. 3. AS 12.65.015(c) is amended to read: 04 (c) The state medical examiner and deputy medical examiner shall perform 05 the duties assigned to the medical examiner and deputy medical examiner under 06 AS 12.65.020 and regulations implementing that section, and other duties as assigned 07 by the commissioner of health and social services. 08 * Sec. 4. AS 12.65.020(a) is amended to read: 09 (a) When a death is reported to the state medical examiner under 10 AS 12.65.005, the state medical examiner or the deputy medical examiner shall 11 perform a medical death investigation. When [OR WHEN] a person dies under 12 circumstances that, in the opinion of the state medical examiner, warrant an 13 investigation, the state medical examiner or the deputy medical examiner may 14 perform a medical death investigation. In performing the investigation, the state 15 medical examiner or the deputy medical examiner may 16 (1) order that the body of the person who has died not be moved or 17 otherwise disturbed without the permission of the medical examiner; 18 (2) request a peace officer to secure the scene and perform an on-scene 19 investigation; 20 (3) view the remains of the deceased person; 21 (4) order the remains of the deceased to be transported to another 22 location; 23 (5) perform a post mortem examination; 24 (6) perform an autopsy; 25 (7) take possession of property considered necessary for the 26 investigation; 27 (8) subpoena and examine a person or record necessary in the opinion 28 of the medical examiner to determine the material facts relating to the death; and 29 (9) take other actions appropriate under the circumstances to determine 30 the cause and manner of death. 31 * Sec. 5. AS 12.65.020(b) is amended to read:
01 (b) When the state medical examiner or deputy medical examiner has 02 completed an investigation or made the inquiry considered appropriate by the 03 examiner, the examiner shall prepare a report of the examiner's findings and 04 conclusions. If the findings and conclusions indicate that the death may have been 05 caused by criminal means, the state medical examiner or the deputy medical 06 examiner shall submit a copy of the report to the district attorney responsible for 07 prosecutions in the location where the death occurred. The [STATE MEDICAL 08 EXAMINER'S] investigative report is a privileged and confidential document, not 09 subject to public disclosure under AS 40.25. It may be disclosed to public officers and 10 employees for a public purpose and, when doing so will not interfere with an ongoing 11 investigation or prosecution, to a person who is related to the deceased or who has a 12 financial or personal interest in the estate of the deceased person. 13 * Sec. 6. AS 12.65.020(c) is amended to read: 14 (c) The state medical examiner, the deputy medical examiner, or a 15 prosecuting attorney may petition the court to hold a death inquest under 16 AS 09.55.062 if the findings and conclusions of the state medical examiner or the 17 deputy medical examiner, in the opinion of the state medical examiner, the deputy 18 medical examiner, or prosecuting attorney, warrant the inquest. Otherwise, the state 19 medical examiner, the deputy medical examiner, shall cause a certificate of death for 20 the deceased person to be completed and filed as prescribed by law. 21 * Sec. 7. AS 12.65.020(d) is amended to read: 22 (d) The state medical examiner or the deputy medical examiner may direct 23 the state registrar of vital statistics to amend a death certificate when, in the opinion of 24 the state medical examiner or the deputy medical examiner, the death certificate is 25 incomplete or inaccurate. 26 * Sec. 8. AS 12.65.020(e) is amended to read: 27 (e) The state medical examiner may enter into agreements for services to be 28 performed by persons in the course of medical investigations, and the state medical 29 examiner or the deputy medical examiner may call upon public employees, 30 including a peace officer or a village public safety officer, to perform or assist in 31 performing the duties specified in this section.
01 * Sec. 9. AS 12.65.020(f) is amended to read: 02 (f) The state medical examiner, the deputy medical examiner, and 03 individuals who perform or assist the state medical examiner or the deputy medical 04 examiner in performing the duties of the state medical examiner or the deputy 05 medical examiner under this section are immune from civil liability based on 06 determining the cause and manner of a person's death.