Bill Summary – FastDemocracy

8040.01000
     Sixty-eighth
     Legislative Assembly                      HOUSE BILL NO. 1042
     of North Dakota
     Introduced by
        Human Services Committee
        (At the request of the Department of Health and Human Services)
  A BILL for an Act to amend and reenact sections 11-19.1-11, 11-19.1-13, and 11-19.1-16 of the
  North Dakota Century Code, relating to autopsies, determination of cause of death, and
  certification of coroner fees in situations involving the unexplained sudden death in infant or
  child with or without intrinsic or extrinsic factors, or both.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 11-19.1-11 of the North Dakota Century Code is
  amended and reenacted as follows:
      11-19.1-11. Autopsies - Notice of results.
      1.    The coroner or the coroner's medical deputy, if the coroner deems it necessary, may
           take custody of the deceased human body for the purpose of autopsy. When the
           coroner does not deem an autopsy necessary, the sheriff or state's attorney may direct
           an autopsy be performed.
     2.    The autopsy must be performed by the state forensic examiner or by the state forensic
           examiner's authorized pathologist at a facility approved by the state forensic examiner.
     3.    Upon the death of a minor whose cause of death is suspected by the minor's parent or
           guardian or the coroner or the coroner's medical deputy to have been the unexplained
           sudden infant death syndromein infant or child with or without intrinsic or extrinsic
           factors, or both, the coroner or the coroner's medical deputy, after consultation with
           the parent or guardian, shall take custody of the body and shall arrange for the
           performance of the autopsy by the state forensic examiner or a pathologist designated
           by the state forensic examiner, unless the county coroner, sheriff, state's attorney, and
           the parent or guardian all agree that an autopsy is unnecessary. The parents or
           guardian and the state health officer must be promptly notified of the results of that
           autopsy.
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     Legislative Assembly
      4.    A report of death, an autopsy report, and any working papers, notes, images, pictures,
            photographs, or recordings in any form are confidential but the coroner may use or
            disclose these materials for purposes of an investigation, inquest, or prosecution. The
            coroner may disclose a copy of the report of death in accordance with the authority of
            the state forensic examiner under section 23-01-05.5 and may disclose an autopsy
            photograph or other visual image or video or audio recording subject to limitations in
            section 44-04-18.18. The coroner shall disclose a copy of the autopsy report to the
            state forensic examiner.
      SECTION 2. AMENDMENT. Section 11-19.1-13 of the North Dakota Century Code is
 amended and reenacted as follows:
     11-19.1-13. Cause of death - Determination.
     The cause of death, the manner of death, and the mode in which the death occurred must
 be incorporated in the death certificate filed with the registrar of vital statistics of this state. The
 term "unexplained sudden infant death syndromein infant or child with or without intrinsic or
 extrinsic factors, or both" may be entered on the death certificate as the principal cause of death
 only if the child is under the age of one year and the death remains unexplained after a case
 investigation that includes a complete autopsy of the infant at the state's expense, examination
 of the death scene, and a review of the clinical history of the infant.
     SECTION 3. AMENDMENT. Section 11-19.1-16 of the North Dakota Century Code is
 amended and reenacted as follows:
     11-19.1-16. Coroner's fees paid out of county treasury - Fees to be charged by
 coroner - Duty of county auditor - Certain expenses paid by the state.
     1.    The fees and mileage as provided by section 11-10-15 allowed to the coroner shall be
           paid out of the county treasury of the county of residence of the deceased person and
           the coroner's bill shall be presented to the county auditor and shall be paid upon
           approval and order of the board of county commissioners.
     2.    The department of health and human services shall audit, and if found correct, certify
           for payment by the state treasurer duly itemized and verified claims of the coroner, the
           coroner's medical deputy, and pathologist for the necessary expenses incurred or paid
           in the performance of an autopsy of a child whose cause of death was suspected to
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    Legislative Assembly
         have been the unexplained sudden infant death syndromein infant or child with or
         without intrinsic or extrinsic factors, or both.
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Statutes affected: 
INTRODUCED: 11-19.1-11, 11-19.1-13, 11-19.1-16
Enrollment: 11-19.1-11, 11-19.1-13, 11-19.1-16