04/03/1996 01:30 PM Senate JUD

         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.