Legislature(1995 - 1996)
04/03/1996 01:30 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 520 INQUESTS, CORONERS, POST MORTEMS, ETC. ART SNOWDEN, Administrative Director of the Alaska Court System, stated the House Finance Committee sponsored HB 520 at the Court System's request. For many years, Alaska followed the minority lead of having magistrates act as coroners but this system has created many problems with other agencies involved in transport and identification of bodies, such as the State Troopers. The majority view in the United States has always been to have a medical examiner system, which is an executive-branch based system to ferret out crime. The bill would take the coroner function from the Court System and place it in DHSS where the medical examiner is now located. HB 520 bill is a law and order bill, allows prosecutors and police to gain evidence, protects innocent suspects, and has a zero fiscal note. HB 520 is supported by police, prosecutors, the Court System and DHSS. Number 073 CHAIRMAN TAYLOR asked what the new triggering mechanism will be when a death occurs with no medical doctor in attendance, and the death is reported to the local magistrate. MR. SNOWDEN replied a number of things could occur. If contacted, the magistrate could notify the medical examiner or a hospital could notify the medical examiner directly. The major change in the bill is that the Court System will give up its 4 1/2 coroner positions statewide and DHSS will contract for medical investigators instead. Rural nurses, public health nurses, and doctors will be performing this function in the future which means many bodies will not be moved from rural communities. If the Court System is contacted about a death, it will notify the medical examiner's office. CHAIRMAN TAYLOR asked if HB 520 passes and there is a contracted person in the community, whether anyone becoming aware of a death would notify that person. MR. SNOWDEN was not sure, but said if the Court System was notified, it would notify the contracted person. The Court System is concerned that magistrates do not have forensic pathology experience, and it would like to prevent bodies from having to be moved from the villages as they are today. Number 110 ELMER LINDSTROM, Department of Health and Social Services, responded to Chairman Taylor's question. Over the short term, the current system will not change, but over the long term, it will allow DHSS to put into place, through contract providers in local communities, four death investigator positions attached to the state medical examiner office. The death investigators will be points of referral and will be involved in recruiting other individuals in villages. He did not foresee confusion in the field through the transition period and noted law enforcement officers are well accustomed to working with the state medical examiner. CHAIRMAN TAYLOR stated his primary concern is scene investigation. He asked who would be training contract providers in rural areas to ensure investigations are conducted properly and to protect evidence that might be at the scene. MR. LINDSTROM replied the state medical examiner and staff will be responsible for recruitment and training. One continuing issue in this area is cost control. Before the medical examiner position was created, if a coroner requested an autopsy, DHSS had contract pathologists and would simply pay the bill. With the medical examiner position, DHSS has begun to get control of costs in this area. This is the first year in the history of the program that DHSS has lived within its budget. It is in the interest of the medical examiner's office to recruit and adequately train people so that unnecessary autopsies do not have to take place, because of the high associated costs of an autopsy. Number 190 CHAIRMAN TAYLOR repeated his concern about the training aspects of the program and the need to ensure stability in the program. He asked if HB 520 will change any of the existing state or federal autopsy requirements such as the National Safety Transportation Board's mandate to conduct autopsies in every airplane crash. MR. LINDSTROM stated DHSS does not envision any change in that respect. There have been a number of crashes in the last year and the medical examiner's office was able to accommodate those. Number 213 CHAIRMAN TAYLOR noted that as a judge he became aware of questionable autopsy results and poor investigative methods used. He strongly supported attempts at improvement in this area. SENATOR ADAMS asked Mr. Lindstrom if DHSS is satisfied with the fiscal note provided by the Court System that transfers the positions to DHSS. MR. LINDSTROM replied DHSS is, and worked jointly with the Court System on the fiscal note. DR. MICHAEL PROPST, state medical examiner, stated his support of HB 520. SENATOR ADAMS moved, and asked unanimous consent, that HB 520 be moved out of committee with individual recommendations. There being no objection, the motion carried.
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