Bill Summary – FastDemocracy

Senate File 307 - Enrolled
                                                     Senate File 307
                                  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:
    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
                                               Senate File 307, p. 2
 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
 provided in paragraph “b”.
    b. If after the county medical examiner’s or state medical
 examiner’s investigation of a deceased child the medical
 examiner determines that the deceased child’s cause and manner
 of death are obvious and there are no significant legal,
 medical, or investigative concerns by the medical examiner,
 social services, or law enforcement, an autopsy shall not be
 required under paragraph “a”.
    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 331.802, Code 2021, is amended by adding the
 following new subsection:
    NEW SUBSECTION. 9. If an autopsy is ordered under this
 section, the county shall reimburse the funeral director for
 all costs associated with the transportation of the body to and
 from the facility performing the autopsy at a rate equivalent
 to the rate of reimbursement allowed under the standard mileage
 rate method for computation of business expenses pursuant
 to the Internal Revenue Code at the time the transportation
 occurs.
    Sec. 5. Section 331.805, subsection 2, Code 2021, is amended
 to read as follows:
                                                Senate File 307, p. 3
    2. It is unlawful to embalm a body when the embalmer funeral
 director has reason to believe death occurred in a manner
 specified in section 331.802, subsection 3, when there is
 evidence sufficient to arouse suspicion of crime in connection
 with the cause of death of the deceased, or where it is the
 duty of a medical examiner to view the body and investigate the
 death of the deceased person, until the permission of a county
 medical examiner has been obtained. When feasible, the body
 shall be released to the funeral director for embalming within
 twenty-four hours of death.
    Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection
 3, shall not apply to this Act.
     ______________________________     ______________________________
     JAKE CHAPMAN                       PAT GRASSLEY
     President of the Senate            Speaker of the House
        I hereby certify that this bill originated in the Senate and
     is known as Senate File 307, Eighty-ninth General Assembly.
                                        ______________________________
                                        W. CHARLES SMITHSON
                                        Secretary of the Senate
     Approved _______________, 2021     ______________________________
                                        KIM REYNOLDS
                                        Governor
Statutes affected: 
Introduced: 331.802, 331.804, 331.805
Reprinted: 331.802, 331.805
Enrolled: 331.802, 331.805