OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 255 Bill Analysis
135th General Assembly
Click here for S.B. 311’s Fiscal Note
Version: As Introduced
Primary Sponsors: Sens. S. Huffman and Johnson
Effective Date:
Audra Tidball, Attorney
SUMMARY
Authorizes a coroner, while an autopsy is pending, to deny a journalist access to
preliminary autopsy and investigative notes and findings, photographs taken by a
coroner, and suicide notes (access must be granted once a final autopsy report and final
death certification are complete).
Requires health care workers who obtain knowledge of facts related to an individual’s
suspicious or unusual death, including criminal and violent deaths, suicides, and deaths
of individuals with developmental disabilities, to immediately notify the coroner of
those facts.
Specifies that autopsy costs include any component of an autopsy, as well as costs to
transport the body.
Defines “private practice of medicine” for purposes of coroner compensation, and
specifies that it includes performing an autopsy at the request of another coroner, a
hospital, a business entity, an institution of higher education, or any other person.
Establishes a $350 per hour fee for a coroner for time spent preparing for and giving
expert testimony at a trial, hearing, or deposition in a civil action.
Requires that collaboration agreements between advanced practice registered nurses
and collaborating physicians, and supervision agreements between physician assistants
and supervising physicians, contain an agreement that the physician must complete and
sign the medical certificate of death.
DETAILED ANALYSIS
Journalist access to preliminary autopsy results
The bill delays journalist access to preliminary autopsy results. Under current law,
coroner records are generally public records, except that certain records, including the
June 21, 2024
Office of Research and Drafting LSC Legislative Budget Office
following, are not public records: (1) preliminary autopsy and investigative notes and findings,
(2) photographs taken by a coroner, and (3) suicide notes. Even though those records are not
public records, journalists are authorized to request to view preliminary autopsy and
investigative information, suicide notes, and coroner photographs, and a coroner is required to
grant access if such a request is made. Instead, the bill permits, but does not require, a coroner
to grant the request if it is made before the final autopsy report and final death certification are
complete. After that time, a coroner must grant a journalist’s request to view preliminary
autopsy and investigative information, suicide notes, and coroner photographs.1
Notice of facts related to suspicious and unusual deaths
The bill expands the individuals who are required to notify a coroner that a person has
died through criminal or violent means, by casualty, by suicide, or in a suspicious or unusual
manner, or when any person dies suddenly when in apparent good health, or when any person
with a developmental disability dies regardless of the circumstances. Under current law, the
following individuals must immediately notify the coroner of the known facts concerning the
circumstances of the death: the physician called in attendance; and any member of an
ambulance service, emergency squad, or law enforcement agency who obtains knowledge of
the death arising from the individual’s duties. The bill adds that a health care worker caring for
the person also must notify the coroner of any related facts obtained arising from the health
care worker’s duties.2
The bill defines “health care worker” as any individual licensed or otherwise authorized
to practice a health care profession in Ohio and any other individual who provides health-
related services in any setting as part of the individual’s employment or otherwise for
remuneration.3
Autopsy costs
The bill specifies that existing law governing payment of autopsy costs applies to
individual components of autopsies, as well as costs to transport the body. Under current law,
whenever an autopsy is performed, if the injury causing the death occurred within the
boundaries of a county other than the county performing the autopsy, the other county must
pay the costs of the autopsy. The bill maintains this requirement and specifies that the payment
applies to any individual component of an autopsy, including transportation costs.4
The bill makes a similar change to a similar provision that requires that when an
individual who dies was an inmate of a state correctional facility, the Department of
1 R.C. 313.10(A) and (D).
2 R.C. 313.12(A).
3 R.C. 313.12(B)(2).
4 R.C. 313.161(A).
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Rehabilitation and Correction or the Department of Youth Services, as appropriate, must pay
for the costs of the autopsy.5
Coroner qualification
The bill clarifies that the only individuals eligible to the office of coroner are physicians
who are licensed to practice medicine and surgery or osteopathic medicine and surgery under
Revised Code Chapter 4731.6 That chapter governs physician licensure by the State Medical
Board.
Coroner compensation related to private practice of medicine
Current law establishes compensation schedules for coroners, which vary depending on
whether the coroner has a private practice. The bill defines, for purposes of that continuing law,
“private practice of medicine” to mean both of the following:
The provision of services for the diagnosis, prevention, treatment, cure, or relief of a
health condition, illness, injury, or disease for remuneration;
The performance of an autopsy at the request of another coroner, a hospital, a business
entity, an institution of higher education, or any other person.7
Coroner fees for expert testimony
The bill establishes a flat $350 per hour fee for a coroner for time spent preparing for
and giving expert testimony at a trial, hearing, or deposition in a civil action. Under current law,
fees are based on an hourly rate that is determined by coroner compensation schedules
established under continuing law, and the fee varies depending on whether the coroner is
preparing for and giving testimony at a deposition or trial. The testimonial fee for trial
testimony is six times the rate for deposition testimony. The distinction between deposition
and trial testimony is eliminated by the bill.8
Physician completion of medical certificates of death
Related to circumstances where an individual who was under the care of an advanced
practice registered nurse or physician assistant dies, the bill requires that standard care
arrangements between advanced practice registered nurses and collaborating physicians, and
supervision agreements between physician assistants and supervising physicians, contain an
agreement that the physician must complete and sign the medical certificate of death. 9 The bill
5 R.C. 313.161(B)(1).
6 R.C. 313.02(A).
7 R.C. 325.15(E).
8 R.C. 2335.061(A) and (C).
9 R.C. 4723.431(B)(5) and 4730.19(B)(2)(e).
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
does not otherwise modify existing requirements concerning completion of death certificates
by physicians.10
HISTORY
Action Date
Introduced 04-30-24
ANSB0255IN-135/sb
10 R.C. 3705.16, not in the bill.
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As Introduced
Statutes affected: As Introduced: 313.02, 313.10, 313.12, 313.161, 325.15, 2335.061, 4723.431, 4730.19