1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 707 By: Rosino
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5 AS INTRODUCED
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6 An Act relating to medicolegal investigations;
6 amending 63 O.S. 2021, Section 942, which relates to
7 report of findings; requiring furnishing of report to
7 certain persons; requiring the Office of the Chief
8 Medical Examiner to make certain disclosure;
8 requiring certain notice to contain specified
9 information; imposing certain duty on licensed
9 funeral directors; providing for codification; and
10 providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 63 O.S. 2021, Section 942, is
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14 amended to read as follows:
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15 Section 942. A. 1. Upon completion of an investigation, the
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16 medical examiner shall reduce his or her findings to writing upon
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17 the form supplied to the medical examiner which shall be promptly
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18 sent to the Chief Medical Examiner by mail.
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19 2. If the medical examiner finds that the deceased had illicit,
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20 prescription or nonprescription drugs in his or her system at the
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21 time of death, the medical examiner shall document in his or her
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22 findings if the death was:
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23 a. a natural or accidental death with drug involvement,
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24 b. a homicide by drugs,
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 1 c. a suicide by drug overdose, or
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2 d. a death with drug involvement, but the manner of death
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3 could not be determined.
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4 3. A fatality shall not be considered a drug-related death
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5 unless the medical examiner determines that the drug or drugs
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6 present in the deceased materially contributed to the death.
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7 B. Copies of reports shall be furnished by the Chief Medical
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8 Examiner to investigating:
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9 1. Investigating agencies having official interest therein.
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10 Copies of reports shall also be furnished to the;
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11 2. The person legally entitled to the custody of the body of
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12 the deceased, or his or her representative to whom the body is
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13 released under Section 941a of this title, upon or before the
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14 release of the body; and
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15 3. The spouse of the deceased or any person within one degree
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16 of consanguinity of the deceased upon request and within five (5)
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17 business days of the request once the cause and manner of death have
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18 been determined and the death certificate has been issued.
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19 SECTION 2. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 944.3 of Title 63, unless there
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21 is created a duplication in numbering, reads as follows:
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22 A. If, in the course of an investigation, the Office of the
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23 Chief Medical Examiner declines to conduct an autopsy under Section
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24 944 of Title 63 of the Oklahoma Statutes, the Office shall so inform
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 1 the person legally entitled to the custody of the body of the
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2 deceased, or his or her representative to whom the body is released
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3 under Section 941a of Title 63 of the Oklahoma Statutes, through a
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4 written notice upon or before the release of the body.
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5 B. The written notice shall accompany the report issued and
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6 furnished to such person or representative under Section 942 of
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7 Title 63 of the Oklahoma Statutes. The written notice shall
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8 summarize any evidence detailed in the report relevant to the
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9 decision not to conduct an autopsy and shall contain an explanation
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10 in plain language of the justification for such decision. The
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11 written notice shall state that the person may have the right to
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12 request a private autopsy at personal expense from an authorized
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13 physician or hospital under Section 1154 of Title 21 of the Oklahoma
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14 Statutes.
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15 C. If the body is released to a representative of the person
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16 legally entitled to the custody of the body and if that
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17 representative is a funeral director licensed in this state, the
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18 funeral director shall provide the person with the written notice
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19 described in this section.
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20 SECTION 3. This act shall become effective November 1, 2023.
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22 59-1-251 DC 1/18/2023 2:26:26 PM
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