SB4201 - Tennessee - Criminal Procedure, Medical Occupations
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Latest Update: Tuesday, May, 13th 2008 Companion Bill HB4200. Medical Occupations - Creates Tennessee medical examiner advisory council, makes various changes to the Post-Mortem Examination Act. - Amends TCA Title 38, Chapter 7. Fiscal Summary for SB4201 / *HB4200Increase State Expenditures - $60,000 (Funding of $60,000 is included in the Governors FY08-09 Recommended Budget) Bill Summary for SB4201 / *HB4200 This bill makes various changes and additions to present law regarding the positions of chief medical examiner, county medical examiner, and medical investigator. This bill creates a medical examiner council. This bill also revises various requirements pertaining to the conduct of death investigations and autopsies. CHIEF MEDICAL EXAMINER AND MEDICAL EXAMINER ADVISORY COUNCIL Present law authorizes the department of health to maintain a post-mortem examination division or service to investigate homicides and suspicious deaths. The commissioner of health is required to appoint a chief medical examiner to direct the division or service and appoint such additional personnel and spend such funds as are necessary to effectuate the Post-Mortem Examination Act. This bill adds to the duties of the chief medical examiner and creates a council to assist the commissioner of health and the chief medical examiner. This bill creates a Tennessee medical examiner advisory council. The director of the TBI and the commissioner of health would be permanent members of the council. The governor would appoint the remaining seven members as follows: (1) One district attorney; (2) One district public defender; (3) Three county medical examiners, one from each grand division; (4) One licensed funeral director; (5) One member of the clergy; and (6) One public citizen. The appointees to the council would serve three-year terms with a maximum of two consecutive terms. The council members would be eligible for reimbursement of travel expenses. The council would have the following duties: (1) Review candidates and make a recommendation to the commissioner of health on the appointment of the chief medical examiner; (2) Review candidates and make a recommendation to the chief medical examiner on the appointment of three deputy state medical examiners, one from each grand division of the state; (3) Assist the chief medical examiner in the development and updating of guidelines for death investigations and autopsies, to be promulgated as rules to be followed by county medical examiners; and (4) Issue an annual report on death investigations in Tennessee. Under this bill, the chief medical examiner would be appointed to a five-year term and would be eligible to serve an unlimited number of consecutive terms. This bill adds to the duties of the chief medical examiner as follows: (1) This bill requires, rather than authorizes, the chief medical examiner to provide training and continuing education to all county medical examiners and medical investigators; and (2) The chief medical examiner would have investigative authority for certain types of death that are in the interests of the state, including mass fatality incidents and instances that represent a threat to public health or safety. COUNTY MEDICAL EXAMINERS Under present law, in most counties, a county medical examiner is elected by the county legislative body. This bill requires that county medical examiners be appointed by the county mayor with confirmation by the county legislative body in all counties. This bill reduces the term of office for county medical examiners from six years to five years. Present law authorizes the Shelby County mayor to suspend the county medical examiner for good cause. This bill authorizes any county mayor to suspend the county medical examiner for good cause. AUTOPSIES Present law requires autopsies to be performed in a state medical examiner's facility, if available, or by a pathologist contracted by the county who is certified by the American Board of Pathology or eligible for such certification. Present law authorizes Davidson County to employ one or more certified pathologists on a salaried basis as assistant county medical examiners to conduct autopsies. This bill replaces present law with a requirement that all autopsies be performed in a facility that is accredited by the National Association of Medical Examiners. Present law authorizes county medical examiners to perform an autopsy on the body of any person in a case involving a homicide, a suspected homicide, a suicide, or a violent, unnatural, or suspicious death. This bill adds authorization for county medical examiners to perform autopsies on bodies of adults who suffer unexpected natural death, unexpected child and infant deaths, deaths believed to represent a threat to the public health or safety, and executed prisoners. This bill requires any county medical examiner who decides to perform an autopsy to notify the chief medical examiner, in addition to the district attorney general. This bill expands the circumstances of death that must be reported to the county medical examiner to include: death of any person from violence or trauma; suddenly in apparent health; sudden unexpected death of infants and children; deaths of prisoners or persons in state custody; deaths on the job or related to employment; deaths believed to represent a threat to public health; deaths where neglect or abuse of extended care residents are suspected or confirmed; deaths where the identity of the person is unknown or unclear; deaths of any suspicious manner; or where the body is to be cremated. CONFIDENTIALITY OF AUTOPSY RECORDS Under present law, the reports of the county medical examiners, toxicological reports, and autopsy reports are public documents. Present law authorizes district attorneys general to petition to have such reports sealed. This bill specifies that medical records of deceased persons, law enforcement investigative reports, and images of deceased persons are not public records. NOTES: This bill states that it would create a nine-member council, but it appears that the council would actually consist of 10 members. It is unclear whether Section 9 of this bill would require each county to employ a medical investigator. ON APRIL 24, 2008, THE SENATE ADOPTED AMENDMENTS #1, #2 AND #3 AND PASSED SENATE BILL 4201, AS AMENDED. AMENDMENT #1 revises the membership of the council to remove the clergy member and to make the commissioner of health an ex officio, non-voting member (instead of a "permanent member"). AMENDMENT #2 makes the same changes as Senate Amendment #1. AMENDMENT #3 purports to correct a typographical error, which was previously corrected by Senate Amendment #1. ON APRIL 28, 2008, THE HOUSE SUBSTITUTED SENATE BILL 4201 FOR HOUSE BILL 4200, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 4201, AS AMENDED. AMENDMENT #2 clarifies that the Tennessee medical examiner advisory council will sunset on June 30, 2010. Latest Actions
Fiscal Notes
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