Bill Text: HI HB2233 | 2020 | Regular Session | Introduced
Bill Title: Relating To Medical Examiners.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-27 - Referred to HLT, CPC, FIN, referral sheet 5 [HB2233 Detail]
Download: Hawaii-2020-HB2233-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2233 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to medical examiners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
medical examiners
§ -1 County medical examiners. (a) The mayor of each county shall appoint a medical examiner to perform medical investigation services to establish the cause of any unattended death in the respective county.
(b) The medical examiner may appoint deputy medical examiners to aid the medical examiner in the discharge of the medical examiner's duties. The medical examiner and the deputy medical examiners shall be exempt from chapter 76.
(c) The medical examiner may also appoint, subject to chapter 76, necessary staff, including medicolegal investigators to assist the medical examiner.
§ -2 Medical examiner, deputy medical examiner; qualifications. A medical examiner and any deputy medical examiner shall be a physician who is licensed under chapter 453 and an anatomic or forensic pathologist who is certified by the American Board of Pathology.
§ -3 Hours and days of operation. The office of the medical examiner in each county shall be kept open every day in the year, including Sundays and legal holidays.
§ -4 Duties. (a) As soon as a medical examiner has notice of the death of any person in the county:
(1) As the result of violence;
(2) As the result of any accident;
(3) By suicide;
(4) Suddenly when in apparent health;
(5) When unattended by a physician;
(6) In prison;
(7) In a suspicious or unusual manner; or
(8) Within twenty-four hours after admission to a hospital or institution,
the medical examiner shall forthwith inquire into, and make a complete investigation of, the cause of the death as set forth in subsection (b).
(b) Immediately upon receipt of the notification, the medical examiner shall take charge of the body in order to make a complete investigation concerning the medical cause of death. The medical examiner shall also take possession of all property of value found upon the body, make an exact inventory, and surrender the property, except items as are necessary to determine the cause of death, to the chief of police of the county in which the death was discovered. All property, when no longer needed for medical or police purposes, shall be returned to the person entitled to its custody or possession.
(c) No person shall move the corpse or remains of any deceased person appearing to have come to death under any of the circumstances set forth in this chapter without the prior approval of the medical examiner and the chief of police of the county in which the death was discovered.
§ -5 Notification of death. (a) Any person who becomes aware of the death of any person under any of the circumstances set forth in section -4 shall immediately notify the medical examiner and the chief of police of the county in which the death was discovered of the known facts concerning the time, place, manner, and circumstances of the death.
(b) Any person who fails to report the death of a person under the circumstances enumerated in section -4 shall be subject to a fine of not more than $100.
§ -6 Testimony under oath reduced to writing. The testimony of all witnesses examined by any medical examiner pertaining to the death of any person for whom a medical examiner's investigation is required, shall be taken under oath, reduced to writing by the medical examiner and subscribed to by witnesses.
§ -7 Oath; form of oath. (a) Each medical examiner may administer oaths and affirmations, take affidavits and make examinations as to any matter within the jurisdiction of the office.
(b) A medical examiner may administer an oath to the witnesses.
§ -8 Subpoenas; penalty for failure to comply. (a) A medical examiner may issue subpoenas for the attendance of any witnesses that the medical examiner may deem necessary to interrogate in the death then under investigation, at a place and time as the medical examiner shall direct.
(b) Any person who fails to comply with the requirements of a subpoena upon conviction shall be fined not more than $25.
§ -9 Reports of investigation. (a) A medical examiner shall reduce the medical examiner's findings to writing in the following form:
STATE OF HAWAII
County (or City and County) of..........................
MEDICAL EXAMINER'S INQUEST
An inquisition taken at............... county (or city and county) of............... on the..... day of............... in the year..... before............... medical examiner of the county upon the body of............... there lying dead, resulted as follows:
That the deceased was named...............; and a resident of...............; was aged about.....; that the deceased came to ..... death, on the..... day of............... ....., from...............
IN WITNESS WHEREOF, the medical examiner has hereunto set the medical examiner's hand on this..... day of ............... 20...... .
(b) Upon receipt of a certificate of death from the person in charge of the disposition of the body, the medical examiner shall state:
(1) The name of the disease or condition directly leading to the death;
(2) Other significant conditions contributing to the death;
(3) The day on which death occurred; and
(4) Any other information as may be required on the certificate of death by the director of health in order to classify the death.
The local agent of the department of health shall be notified in writing of the reason for the delay, if the cause of death cannot be determined within three days.
§ -10 Duty to forward copy of reports to any prosecuting attorney and to person in charge of disposition of body. (a) Every medical examiner shall, without delay, forward to the prosecuting attorney of the same county a true and correct copy of the report of investigation.
(b) The medical examiner, in addition, shall make available without delay the death certificate of the person whose death was investigated to the person in charge of the disposition of the body so that the person in charge may file the death certificate with the local agent of the department of health as required by section 338-9.
§ -11 Fees. Upon the application by other than governmental agencies for a certified copy of any medical examiner's report and inquest, the medical examiner shall collect the sum of $2 as a governmental realization for the preparation and issuance of the certified copy. All fees so collected shall be a general fund realization and shall be immediately deposited with the treasurer or director of finance of the respective counties.
§ -12 Decent burial. When any medical examiner takes an inquest upon the dead body of a stranger or indigent person or, being called for that purpose, does not think it necessary, on view of the body, that any inquest should be taken, the medical examiner shall cause the body to be decently buried or cremated. A burial-transit permit authorizing a burial or cremation shall be secured from the local agent of the department of health by the person in charge of the burial or cremation.
§ -13 Witness fees and mileage; expenses. Every witness attending upon any medical examiner's inquest shall be paid $1 for each day's actual attendance, and traveling expenses at the rate of 10 cents a mile each way. The fees and mileage of witnesses and all reasonable expenses of the inquisition shall be paid by the county in which the inquest is held.
§ -14 Removal of corpse. (a) No corpse or remains of any dead human body appearing to have come to death under any of the circumstances enumerated in section -4, shall be moved or disturbed from its place of death or disposed of by any person including the chief of police or any police officer without first receiving the authority of the medical examiner, and of the police officer in charge. The removal of the body or bodies shall be the duty of the medical examiner.
(b) Any person who violates this section shall be subject to a fine of not more than $100.
§ -15 Disposition of personal effects. The clothing and personal property found on any human body appearing to have come to death under any of the circumstances enumerated in section -4 may be recovered and held as evidence by any police officer, pending the investigation of the facts and the final disposition of any trial that may arise out of the death.
§ -16 Autopsies and further investigations. (a) If, in the opinion of the medical examiner, the prosecuting attorney, or the chief of police an autopsy of the remains of any human body appearing to have come to death under any of the circumstances enumerated in section -4 is necessary in the interest of the public safety or welfare, the medical examiner, the prosecuting attorney, or the chief of police shall cause to have an autopsy performed. If, in the opinion of the medical examiner, a further or additional investigation as to the cause of death is necessary, the medical examiner may conduct the investigation, and the expenses shall be paid by the county concerned.
(b) Any law to the contrary notwithstanding, the medical examiner of any county may cause to have performed an autopsy to determine cause of death upon the remains of any human body that is brought into, or found within, the State and that appears to have come to death under any of the circumstances enumerated in section -4, even though the circumstances may have occurred outside the State. The medical examiner of any county shall have the right to retain tissues, including fetal material, of the body removed at the time of autopsy to be used for necessary or advisable scientific investigation, including research, teaching, and therapeutic purposes.
§ -17 Performance of autopsy by pathologist. An autopsy of a deceased person under this chapter shall be performed by a medical examiner or a deputy medical examiner.
§ -18 Assistance among counties. (a) When a medical examiner of a county with a population of less than two hundred thousand requires assistance in conducting an autopsy, the medical examiner may request the assistance of the medical examiner of a county with a population of two hundred thousand or more. The medical examiner of the county with a population of two hundred thousand or more, if agreeable, may provide the assistance.
(b) The county of the medical examiner requesting the autopsy shall pay for the expenses incurred by the medical examiner who provides assistance to another medical examiner under subsection (a). Expenses for which the requesting county shall pay include traveling expenses incurred by a pathologist to the county requesting the assistance, and expenses for transportation of, and the conduct of tests on, body tissues and organs sent to the medical examiner for analysis.
§ -19 Notice to next of kin, expense. A medical examiner who is called to investigate the death of any person shall notify the next of kin, if known, of the death by telephone, letter, cable, or radiogram, as each case may necessitate. The director of finance of the county in which the death occurs may make the disbursement necessary to defray the expenses involved in the notification.
§ -20 Disposal of decomposed remains. A medical examiner may order forthwith the cremation of the remains of any person appearing to have come to death under any of the circumstances enumerated in section -4 if, in the medical examiner's opinion, the remains constitute an immediate menace to the public health. The cremation shall be supervised by the medical examiner and shall take place only after a reasonable investigation has taken place in an effort to establish the identity of the remains and the cause of death. The cremation shall take place after a burial-transit permit authorizing cremation has been secured from the local agent of the department of health.
§ -21 Hospital records. The chief of police and the medical examiner of a county may examine the records of any hospital in that county relating to any patient of the hospital in connection with any investigation under this chapter. The hospital may require written proof signed by the medical examiner of the fact of the investigation and of the authority of the person desiring to examine the records.
§ -22 Laboratory facilities. The facilities of the laboratories of the state department of health shall be made available to a medical examiner.
§ -23 Notification of this chapter. A copy of this chapter shall be transmitted to all physicians, undertakers, hospitals, and institutions established, licensed, or doing business in the State."
SECTION 2. Section 6E-43.6, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b)
The discovery shall be reported as soon as possible to the department,
the appropriate medical examiner [or coroner], and the appropriate
police department. As soon as
practicable, the department shall notify the appropriate council and the office
of Hawaiian affairs.
(c)
After notification of the discovery of multiple skeletons, the following
shall be done within two working days, if on Oahu, and three working days, if
in other council jurisdictions:
(1) A
representative of the medical [examiner or coroner's] examiner's office
and a qualified archaeologist shall examine the remains to determine
jurisdiction. If the remains are the
responsibility of the medical examiner [or coroner], the department's
involvement shall end. If the remains
are historic or prehistoric burials, then the remainder of this section shall
apply;
(2) The
department shall gather sufficient information, including oral tradition, to
document the nature of the burial context and determine appropriate treatment
of the remains. Members of the appropriate
council shall be allowed to oversee the on-site examination and, if warranted,
removal; and
(3) If
removal of the remains is warranted, based on criteria developed by the
department, in consultation with the councils, office of Hawaiian affairs,
representatives of development and large property owner interests, and
appropriate Hawaiian organizations, such as Hui Malama I Na Kupuna O Hawai‘i Nei, through rules adopted pursuant to chapter 91, the removal
of the remains shall be overseen by a qualified archaeologist and a mitigation
plan shall be prepared by the department or with the concurrence of the
department."
SECTION 3. Section 321-342, Hawaii Revised Statutes, is amended by amending the definition of "child death review information" to read as follows:
""Child death review information" means information regarding the child and child's family, including but not limited to:
(1) Social, medical, and legal histories;
(2) Death and birth certificates;
(3) Law enforcement investigative data;
(4) Medical examiner [or coroner]
investigative data;
(5) Parole and probation information and records;
(6) Information and records of social service agencies;
(7) Educational records; and
(8) Health care institution information."
SECTION 4. Section 321-471, Hawaii Revised Statutes, is amended by amending the definition of "domestic violence fatality review information" to read as follows:
"Domestic violence fatality review information" means information regarding a victim, including but not limited to:
(1) Social, medical, and legal history;
(2) Death and birth certificates;
(3) Law enforcement investigative information and data;
(4) Medical examiner [or coroner]
investigative information and data;
(5) Parole and probation information and records;
(6) Information and records of social services agencies;
(7) Educational records; and
(8) Health care institution information."
SECTION 5. Section 321-473, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Upon request of the director or a domestic
violence fatality review team, all medical examiners, physicians acting under
the direction of a [coroner,] medical examiner, providers of
medical care, state agencies, and county agencies shall disclose to the department
and the domestic violence fatality review team all information and records
regarding the circumstances of a victim's death so that the department may
conduct a multidisciplinary and multiagency review of domestic violence fatalities
pursuant to this part."
SECTION 6. Section 321-502, Hawaii Revised Statutes, is amended by amending the definition of "adult death review information" to read as follows:
""Adult death review
information" means information regarding the adult person and person's
family, including:
(1) Social, medical, and legal histories;
(2) Death and birth certificates;
(3) Law enforcement investigative data;
(4) Medical examiner [or coroner]
investigative data;
(5) Parole and probation information and records;
(6) Information and records of social service agencies;
(7) Educational records; and
(8) Health care institution information."
SECTION 7. Section 324-1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The department of health may request
information regarding the deceased that is stored in electronic format or in
paper copies, or gathered through interviews, subject to certain restrictions,
which include but are not limited to:
(1) Social, medical, and legal histories;
(2) Death and birth certificates;
(3) Law enforcement investigative data;
(4) Medical examiner [or
coroner] investigative data;
(5) Parole and probation information and records;
(6) Information and records of social service agencies;
(7) Educational records;
(8) Medical records; and
(9) Interviews with hospital employees that shall be subject to approval from hospital management.
Furthermore, all requested disclosures shall comply with state
and federal privacy statutes and regulations, including the Health Insurance
Portability and Accountability Act, and the department of health shall not
request records of any hospital review committee, peer review committee, or
quality improvement review process. The
department may enter into a memorandum of agreement with hospitals regarding
requests for information to be used for maternal mortality reviews.
No liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided the information or material, or by reason of having released or published the findings, conclusions, and summaries of the research or study committees to advance medical research and medical education."
SECTION 8. Section 327-22, Hawaii Revised Statutes, is amended to read as follows:
"[[]§327-22[]] Cooperation between medical examiner [or
coroner] and procurement organization. (a) A medical examiner [or coroner] shall
cooperate with procurement organizations to maximize the opportunity to recover
anatomical gifts for transplantation, therapy, research, or education.
(b)
If a medical examiner [or coroner] receives notice from a
procurement organization that an anatomical gift might be available or was made
with respect to a decedent whose body is under the jurisdiction of the medical
examiner [or coroner] and a post-mortem examination is going to be
performed, unless the medical examiner [or coroner] denies recovery in
accordance with section 327-23, the medical examiner [or coroner] or
designee shall make a reasonable attempt to conduct a post-mortem examination
of the body or the body part in a manner and within a period compatible with
its preservation for the purposes of the gift.
(c)
A body part may not be removed from the body of a decedent under the
jurisdiction of a medical examiner [or coroner] for transplantation, therapy,
research, or education unless the body part is the subject of an anatomical
gift. The body of a decedent under the
jurisdiction of the medical examiner [or coroner] may not be delivered
to a person for research or education unless the body is the subject of an
anatomical gift. This subsection shall
not preclude a medical examiner [or coroner] from performing the
medicolegal investigation upon the body or body parts of a decedent under the
jurisdiction of the medical examiner [or coroner]."
SECTION 9. Section 327-23, Hawaii Revised Statutes, is amended to read as follows:
"[[]§327-23[]] Facilitation of an anatomical gift from a
decedent whose body is under the jurisdiction of the medical examiner [or
coroner]. (a)
Upon request of a procurement organization, a medical examiner [or
coroner] shall release to the procurement organization the name, contact
information, and available medical and social history of a decedent whose body
is under the jurisdiction of the medical examiner [or coroner]. If the decedent's body or body part is
medically suitable for transplantation, therapy, research, or education, the
medical examiner [or coroner] shall release post-mortem examination results
to the procurement organization. The
procurement organization may make a subsequent disclosure of the post-mortem
examination results or other information received from the medical examiner [or
coroner] only if relevant to transplantation or therapy.
(b)
The medical examiner [or coroner] may conduct a medicolegal
examination by reviewing all medical records, laboratory test results, x-rays,
other diagnostic results, and other information that any person possesses about
a donor or prospective donor whose body is under the jurisdiction of the
medical examiner [or coroner], which the medical examiner [or coroner]
determines may be relevant to the investigation.
(c) A
person that has any information requested by a medical examiner [or coroner]
pursuant to subsection (b) shall provide that information as expeditiously as
possible to allow the medical examiner [or coroner] to conduct the
medicolegal investigation within a period compatible with the preservation of
body parts for transplantation, therapy, research, or education.
(d) If
an anatomical gift has been or might be made of a body part of a decedent whose
body is under the jurisdiction of the medical examiner [or coroner] and
a post-mortem examination is not required, or the medical examiner [or
coroner] determines that a post-mortem examination is required but that the
recovery of the body part that is the subject of an anatomical gift will not interfere
with the examination, the medical examiner [or coroner] and procurement
organization shall cooperate in the timely removal of the body part from the
decedent for transplantation, therapy, research, or education.
(e)
If an anatomical gift of a body part from the decedent under the
jurisdiction of the medical examiner [or coroner] has been or might be
made, but the medical examiner [or coroner] initially believes that the
recovery of the body part could interfere with the post-mortem investigation
into the decedent's cause or manner of death, the medical examiner [or
coroner] shall consult with the procurement organization or physician or
technician designated by the procurement organization about the proposed
recovery. The procurement organization
shall provide the medical examiner [or coroner] with all information it
has which could relate to the cause or manner of the decedent's death. After consultation, the medical examiner [or
coroner] may allow the recovery.
(f)
Following the consultation under subsection (e), in the absence of
mutually agreed-upon protocols to resolve conflict between the medical examiner
[or coroner] and the procurement organization, if the medical examiner [or
coroner] intends to deny recovery of the body part, the medical examiner [or
coroner] or designee, at the request of the procurement organization, shall
make reasonable efforts to attend the removal procedure for the body part
before making a final determination not to allow the procurement organization
to recover the body part. During the
removal procedure, the medical examiner [or coroner] or designee may
allow recovery by the procurement organization to proceed, or, if the medical
examiner [or coroner] or designee reasonably believes that the body part
may be involved in determining the decedent's cause or manner of death, deny
recovery by the procurement organization.
(g)
If the medical examiner [or coroner] or designee denies recovery
under subsection (f), the medical examiner [or coroner] or designee
shall include the reasons in the records of the medical examiner [or coroner];
and make those reasons available to the procurement organization upon request.
(h)
If the medical examiner [or coroner] or designee allows recovery
of a body part, the procurement organization shall cooperate with the medical
examiner [or coroner] in any documentation of injuries and the
preservation and collection of evidence prior to and during the recovery of the
body part and, upon request, shall cause the physician or technician who
removes the body part to provide the medical examiner [or coroner] with
a record describing the condition of the body part, a biopsy, a photograph, and
any other information and observations that would assist in the post-mortem
examination."
SECTION 10. Section 327-32, Hawaii Revised Statutes, is amended to read as follows:
"§327-32 Administration; duties of health officers. Every head officer of a hospital, nursing
home, correctional facility, funeral parlor, or mortuary and every county
medical examiner [or coroner] and every state or county officer, and
every other person who has possession, charge, or control of any unclaimed dead
human body that may be cremated at public expense pursuant to section 346-15
shall:
(1) Exercise due diligence to notify the relatives, friends of the
decedent, any representative of a fraternal
society of which the deceased was a member, and any legally responsible party;
(2) Submit in writing to the department of human
services a description of the efforts used in making the determination that the
dead human body is unclaimed in accordance with section 346-15, if payment for
cremation is sought.
Nothing in this section shall be construed to affect the requirements relating to the filing of a certificate of death with the department of health pursuant to chapter 338."
SECTION 11. Section 338-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In preparing a certificate of death or fetal death the person in charge of the disposition of the body shall:
(1) Obtain and enter on the certificate the personal data and other information pertaining to the deceased person required by the department from the person best qualified to supply them;
(2) Present the certificate of death to the
physician or advanced practice registered nurse last in attendance upon the
deceased, or to the [coroner's physician,] medical examiner, who
shall thereupon certify the cause of death to the physician's [or],
advanced practice registered nurse's, or medical examiner's best
knowledge and belief, or present the certificate of fetal death to the physician,
advanced practice registered nurse, midwife, or other person in attendance at
the fetal death, who shall certify the fetal death and [such] the
medical data pertaining thereto as can be furnished; provided that fetal deaths
of less than twenty-four weeks or intentional terminations of pregnancy
performed in accordance with section 453-16 may be certified by a nurse or
other employee based upon the physician's records; and
(3) Notify immediately the appropriate local agent, if the death occurred without medical attendance, or if the physician or advanced practice registered nurse last in attendance fails to sign the death certificate. In such event, the local agent shall inform the local health officer, and refer the case to the local health officer for immediate investigation and certification of the cause of death prior to issuing a permit for burial, or other disposition of the body. When the local health officer is not a physician or when there is no such officer, the local agent may complete the certificate on the basis of information received from relatives of the deceased or others having knowledge of the facts.
If the
circumstances of the case suggest that the death or fetal death was caused by
other than natural causes, the local agent shall refer the case to the [coroner]
medical examiner for investigation and certification."
SECTION 12. Section 350-1.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any health professional or paraprofessional,
physician licensed or authorized to practice medicine in this State, registered
nurse or licensed practical nurse, hospital or similar institution's personnel
engaged in the admission, examination, care, or treatment of patients, and any
medical examiner, [coroner,] social worker, or police officer, who has
before the person a child the person reasonably believes has been harmed, shall
make every good faith effort to take or cause to be taken color photographs of
the areas of trauma visible on the child.
If medically indicated, such person may take or cause to be taken x-rays
of the child or cause a radiological or other diagnostic examination to be
performed on the child."
SECTION 13. Section 560:3-1212, Hawaii Revised Statutes, is amended to read as follows:
"§560:3-1212 Estates
of persons leaving no known relatives.
Every [coroner or] medical examiner who is called to investigate
the death of any person leaving no known spouse or reciprocal beneficiary,
issue, parent, grandparent, or issue of grandparents over the age of majority
in the State, shall take immediate charge of the decedent's personal effects
and if in the discretion of the [coroner] medical examiner the
value of [such] the personal effects is in excess of $2,500,
forthwith deliver them to the clerk of the court of the judicial circuit in
which [such] the decedent died.
If after
ten days no person appears, competent to initiate appropriate probate
proceedings, the clerk shall administer the estate pursuant to the provisions
of this part; provided that if the decedent's estate is of a value exceeding
$100,000, the clerk shall notify the judge of the circuit having charge of the
probate calendar, and shall petition for the appointment of a personal
representative of [such] the estate other than the clerk. In the meantime, the clerk may take [such]
steps as may be appropriate to preserve and conserve the real and personal
property of the decedent. All expenses
in connection with the taking possession, care, and conservation of the
property and with [such] the proceedings shall be proper charges against
the estate of the decedent. The corporation
counsel or county attorney of each county shall advise, assist, and represent
as far as necessary any of [such] the officers in the performance
of any act or the institution or prosecution of any proceeding required by this
section. If the decedent's estate is of
a value not exceeding $2,500 and the decedent has no known relatives or whose
relatives have failed to indicate any means of disposition of the estate, then
the [coroner or] medical examiner having custody of the property shall
dispose of the property in an appropriate manner, which may be any one of the
following or a combination thereof:
(1) Where the estate consists only of money and is
not in excess of $2,500 and expenditures have been made in connection with such
death, to reimburse the appropriate city and/or county office that made the
disbursement to defray [said] the expenses;
(2) Where the estate consists of cash or personal belongings of monetary value, or both, not exceeding $2,500, to liquidate the personal belongings and apply the proceeds, together with the cash, if the total does not exceed $2,500, in accordance with paragraph (1);
(3) Where the assets in the estate are of no monetary
value (unsalable) and in the best judgment and discretion of the [coroner or]
medical examiner can be used by some charitable institution, to donate the
assets to whatever charitable institution is willing and able to pick up the
assets in question;
(4) Where the assets have no value whatsoever or
are in such condition that, in the best judgment and discretion of the [coroner
or] medical examiner, a charitable institution cannot use the properties,
or will not receive the properties, to destroy the same in any manner the [coroner
or] medical examiner sees fit; and
(5) If under paragraphs (1) and (2), there are
assets remaining, then the [coroner or] medical examiner shall forthwith
forward the same to the state director of finance for disposition as provided
in chapter 523A."
SECTION 14. Section 52D-4, Hawaii Revised Statutes, is repealed.
["[§52D-4]
Ex officio coroner.
Where there is no other county medical examiner, the chief of police or
any duly authorized subordinate shall be ex officio county coroner. An ex officio county coroner shall have all
the powers and perform all the duties of coroner, within that county, as
provided by law."]
SECTION 15. Chapter 841, Hawaii Revised Statutes, is repealed.
SECTION 16. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 to assist the counties in implementing section 1 of this Act:
(1) City and county of Honolulu $ ;
(2) County of Hawaii $ ;
(3) County of Kauai $ ; and
(4) County of Maui $ .
The sums appropriated shall constitute the State's share of the cost of the mandated program under article VIII, section 5, of the state constitution.
SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 18. This Act shall take effect on July 1, 2021.
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INTRODUCED BY: |
_____________________________ |
Report Title:
Medical Examiners; Counties
Description:
Requires the counties to have medical examiners who are licensed physicians and certified anatomic or forensic pathologists. Repeals section providing for coroners.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
