Bill Summary – FastDemocracy

Senate File 106 - Introduced
                                  SENATE FILE 106
                                  BY BROWN and SINCLAIR
                            A BILL FOR
An Act relating to the examination and transportation of dead
  bodies, including associated fees and costs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 331.802, subsection 1, Code 2021, is
 amended to read as follows:
    1. A person’s death which that affects the public interest
 as specified in subsection 3 shall be reported to the county
 medical examiner or the state medical examiner by the physician
 in attendance, any law enforcement officer having knowledge of
 the death, the embalmer funeral director, or any other person
 present. The appropriate medical examiner shall notify the
 city or state law enforcement agency or sheriff and take charge
 of the body.
    Sec. 2. Section 331.802, subsection 2, paragraph a, Code
 2021, is amended to read as follows:
    a. If a person’s death affects the public interest as
 specified in subsection 3, the county medical examiner shall
 conduct a preliminary investigation of the cause and manner
 of death, prepare a written report of the findings, promptly
 submit the full report to the state medical examiner on forms
 prescribed for that purpose, and submit a copy of the report
 to the county attorney.
    Sec. 3. Section 331.802, subsection 4, Code 2021, is amended
 to read as follows:
    4. a. The county medical examiner shall conduct the
 investigation in the manner required by the state medical
 examiner and shall determine whether the public interest
 requires an autopsy or other special investigation. However,
 if the death occurred in the manner specified in subsection
 3, paragraph “j”, the county medical examiner shall order
 an autopsy, claims for the payment of which shall be filed
 with the state appeal board and, if authorized by the board,
 shall be paid out of moneys in the general fund of the state
 not otherwise appropriated. In determining the need for an
 autopsy, the county medical examiner may consider the request
 for an autopsy from a public official or private person, but
 the state medical examiner or the county attorney of the county
 where the death occurred may require an autopsy except as
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 provided in paragraph “b”.
    b. If, after the county medical examiner’s investigation
 of a deceased child, the city law enforcement agency or county
 sheriff with jurisdiction determines that the deceased child’s
 cause of death is obvious, an autopsy shall not be required
 under paragraph “a”. A city law enforcement official or county
 sheriff making a determination that a deceased child’s cause of
 death is obvious shall not be liable for any claim arising from
 such determination.
    c. The county medical examiner may refer a body for autopsy
 or further investigation pursuant to paragraph “a” to any
 facility accredited by the national association of medical
 examiners. The county shall pay to the receiving facility a
 fee equal to an autopsy fee established by the office of the
 state medical examiner by rule.
    Sec. 4. Section 331.804, Code 2021, is amended by adding the
 following new subsection:
    NEW SUBSECTION. 3. The county shall reimburse the funeral
 director for all costs associated with the transportation of
 the body.
    Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection
 3, shall not apply to this Act.
                            EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
    This bill relates to the examination and transportation of
 dead bodies. The bill requires a funeral director, as opposed
 to an embalmer as currently required, to report to the county
 or state medical examiner a person’s death that affects the
 public interest.
    The bill states that an autopsy shall not be required when,
 after the county medical examiner’s investigation of a deceased
 child, the city law enforcement agency or county sheriff with
 jurisdiction determines that the deceased child’s cause of
 death is obvious. The bill shields a city law enforcement
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 official or county sheriff making such determination from
 liability for any claim arising from the determination.
    The bill allows a county medical examiner to refer a body for
 an autopsy or further investigation to any facility accredited
 by the national association of medical examiners. The bill
 requires the county to pay to the receiving facility a fee
 equal to an autopsy fee established by the officer of the
 state medical examiner. The bill also requires a county to
 reimburse a funeral director for all costs associated with the
 transportation of a body after an investigation or autopsy has
 been completed.
    The bill may include a state mandate as defined in Code
 section 25B.3. The bill makes inapplicable Code section 25B.2,
 subsection 3, which would relieve a political subdivision from
 complying with a state mandate if funding for the cost of
 the state mandate is not provided or specified. Therefore,
 political subdivisions are required to comply with any state
 mandate included in the bill.
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Statutes affected: 
Introduced: 331.802, 331.804