Legislature(1995 - 1996)
03/04/1996 01:04 PM House 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. Number 1033 ART SNOWDEN, Administrative Director, Alaska Court System testified by teleconference from Anchorage about HB 520. He provided background to this legislation and noted that for many years the state of Alaska ran a coroner's system wherein magistrates, judges and other employees of the judiciary basically took on the coroners function of determining cause of death. This system was frowned upon by prosecution and police as very unscientific. The district attorney felt often that they were unable to make good cases because the way this system works. Jointly, the executive and judicial branches some years back requested a creation of the officer of medical examiners after the crime lab was built. This took some of the burden off of the judiciary. A problem in the judiciary is that in these coroner designations most of the magistrates don't have a clue about the medical cause of death. MR. SNOWDEN further stated that these magistrates are required to certify in medical terms the cause of death. They often ask for autopsies since they don't feel as though they have the ability to determine causes of death. Otherwise, someone who was more skilled in this area may perceive that an autopsy wasn't necessary. He noted the example of policeman in rural Alaska removing bodies to conduct autopsies and this being met with great resistance from villages who did not want bodies removed. He added that trooper planes have been surrounded by villagers at airports, etc. MR. SNOWDEN offered a variety of names from different departments which felt as though this legislation had met it's time and to give the responsibility to determine death ultimately to the medical examiner. The court system has held numerous meetings with the executive branch, especially the Department of Health and Social Services on this proposed legislation. They intend to take the legislative appropriation which comes to the judiciary, namely $320,000 and five auxiliary positions and transfer them to the Department of Health and Social Services to facilitate this legislation. The net fiscal impact on the state is zero. Number 1265 REPRESENTATIVE BUNDE asked Mr. Snowden how this legislation would prevent some of the unfortunate incidences he mentioned, such as protests against having bodies removed from villages. MR. SNOWDEN said it was his understanding that instead of using their magistrates and coroners with the money being transferred, the medical examiner would contract with doctors in the state; Therefore, a doctor would be dispatched to the scene to help the medical examiner to determine the cause the death, rather than a judicial officer. He noted that there are regional hospitals throughout the state of Alaska and individual health nurses in communities with no doctors to offset travel expenses of a contracting doctor. They do not anticipate extensive travel, but they would submit that if there is more travel, this would be off- set by the lessening of costs in other areas which the court accrues. Number 1370 REPRESENTATIVE TOOHEY asked about private autopsies and how they would be handled. MR. SNOWDEN stated that they'd be handled the same way they are now, except the request would come through the medical examiner's office rather than the court. Number 1388 ELMER LINDSTROM, Special Assistant to the Commissioner, Department of Health & Social Services testified on HB 520. He noted that the department has been working with the court system for the last four or five months and they fully support this legislation. He stated that this was the first time in recorded history that this program was not in a deficit situation for fiscal year 1996. In years past there was traditionally a supplemental request for the post-mortem examinations. This is what largely drove the decision to create the state medical examiner position. This medical examiner has done an extraordinary job in getting costs under control. MR. LINDSTROM spoke to the transportation costs which have been a burden to the program for years. This cost does not relate to transporting live persons to the rural areas for an investigation, but rather the transportation of remains of persons to Anchorage for autopsy. With the state medical examiner program in place they have done a very good job in reducing the number of autopsies, particularly from rural areas because the state medical examiner has been able to consult with people on scene and feel comfortable with the cause of death. The families have not been disrupted by the additional anguish which comes with transporting remains. MR. LINDSTROM stated that they thought this was the logical next step in developing the medical examiner system and it is truly something to serve the criminal justice system as a whole. Number 1486 REPRESENTATIVE TOOHEY asked if they anticipate a drop in the financing for this legislation. MR. LINDSTROM noted that the cost of the program has stayed level for the past three years. Unnecessary autopsies have been reduced tremendously, but there is an increasing population in the state and deaths associated with this increase. There were a number of air crashes last summer, for example, and the number of autopsies needed to be performed is increasing. By further limiting the number of marginal or probably unnecessary autopsies, the department is able to hold their own. With the additional resources being transferred to their department as outlined in this legislation, they will be able to do more with training individuals in rural communities which means cost containment. Number 1540 REPRESENTATIVE VEZEY noted that there were a few things which he did not understand about this legislation. He understood that Alaska law requires that all deceased persons be embalmed before their remains are disposed of. MR. LINDSTROM said he wasn't sure about this, but did know that this is one of the costs they incur when remains are transported to Anchorage. The bodies are then taken to a funeral home in Anchorage and embalmed. MR. SNOWDEN responded that the only time that people have to be embalmed is if they are transported by common carrier following 24 hours after they've died. If they are unable to transport the body before this 24 hour period, they are required to be shipped in body bags. Number 1669 DR. MIKE PROPST, State Medical Examiner said he was available to answer any questions which anyone might have. In regards to the shipment of remains from a remote site, the remains are placed in body bags and then in a metal shipping container un-embalmed. The only time a body needs to be embalmed is when it is transported by common carrier. If transport is not necessary for autopsy the body can be interred without embalming. Number 1714 CHAIRMAN PORTER asked if it was still procedure that any unattended death required an autopsy. He assumed that this had changed. DR. PROPST stated that this was one of the main things that the establishment of the office of the State Examiner has done and now they are trying to do only those autopsies which are necessary. Number 1735 REPRESENTATIVE BUNDE asked when a body is shipped to Anchorage for autopsy and then embalmed, was this done so at state expense. DR. PROPST said that this was correct. Number 1769 REPRESENTATIVE TOOHEY made a motion to move HB 520 from the Judiciary Committee with individual recommendations and fiscal note. Hearing no objection, it was so moved.
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