Bill Text: IA SF106 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the examination and transportation of dead bodies, including associated fees and costs.(See SF 307.)

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2021-02-10 - Committee report approving bill, renumbered as SF 307. S.J. 314. [SF106 Detail]

Download: Iowa-2021-SF106-Introduced.html
Senate File 106 - Introduced SENATE FILE 106 BY BROWN and SINCLAIR A BILL FOR An Act relating to the examination and transportation of dead 1 bodies, including associated fees and costs. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1822XS (2) 89 js/ns
S.F. 106 Section 1. Section 331.802, subsection 1, Code 2021, is 1 amended to read as follows: 2 1. A person’s death which that affects the public interest 3 as specified in subsection 3 shall be reported to the county 4 medical examiner or the state medical examiner by the physician 5 in attendance, any law enforcement officer having knowledge of 6 the death, the embalmer funeral director , or any other person 7 present. The appropriate medical examiner shall notify the 8 city or state law enforcement agency or sheriff and take charge 9 of the body. 10 Sec. 2. Section 331.802, subsection 2, paragraph a, Code 11 2021, is amended to read as follows: 12 a. If a person’s death affects the public interest as 13 specified in subsection 3 , the county medical examiner shall 14 conduct a preliminary investigation of the cause and manner 15 of death, prepare a written report of the findings, promptly 16 submit the full report to the state medical examiner on forms 17 prescribed for that purpose, and submit a copy of the report 18 to the county attorney. 19 Sec. 3. Section 331.802, subsection 4, Code 2021, is amended 20 to read as follows: 21 4. a. The county medical examiner shall conduct the 22 investigation in the manner required by the state medical 23 examiner and shall determine whether the public interest 24 requires an autopsy or other special investigation. However, 25 if the death occurred in the manner specified in subsection 26 3 , paragraph “j”, the county medical examiner shall order 27 an autopsy, claims for the payment of which shall be filed 28 with the state appeal board and, if authorized by the board, 29 shall be paid out of moneys in the general fund of the state 30 not otherwise appropriated. In determining the need for an 31 autopsy, the county medical examiner may consider the request 32 for an autopsy from a public official or private person, but 33 the state medical examiner or the county attorney of the county 34 where the death occurred may require an autopsy except as 35 -1- LSB 1822XS (2) 89 js/ns 1/ 3
S.F. 106 provided in paragraph “b” . 1 b. If, after the county medical examiner’s investigation 2 of a deceased child, the city law enforcement agency or county 3 sheriff with jurisdiction determines that the deceased child’s 4 cause of death is obvious, an autopsy shall not be required 5 under paragraph “a” . A city law enforcement official or county 6 sheriff making a determination that a deceased child’s cause of 7 death is obvious shall not be liable for any claim arising from 8 such determination. 9 c. The county medical examiner may refer a body for autopsy 10 or further investigation pursuant to paragraph “a” to any 11 facility accredited by the national association of medical 12 examiners. The county shall pay to the receiving facility a 13 fee equal to an autopsy fee established by the office of the 14 state medical examiner by rule. 15 Sec. 4. Section 331.804, Code 2021, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 3. The county shall reimburse the funeral 18 director for all costs associated with the transportation of 19 the body. 20 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection 21 3, shall not apply to this Act. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to the examination and transportation of 26 dead bodies. The bill requires a funeral director, as opposed 27 to an embalmer as currently required, to report to the county 28 or state medical examiner a person’s death that affects the 29 public interest. 30 The bill states that an autopsy shall not be required when, 31 after the county medical examiner’s investigation of a deceased 32 child, the city law enforcement agency or county sheriff with 33 jurisdiction determines that the deceased child’s cause of 34 death is obvious. The bill shields a city law enforcement 35 -2- LSB 1822XS (2) 89 js/ns 2/ 3
S.F. 106 official or county sheriff making such determination from 1 liability for any claim arising from the determination. 2 The bill allows a county medical examiner to refer a body for 3 an autopsy or further investigation to any facility accredited 4 by the national association of medical examiners. The bill 5 requires the county to pay to the receiving facility a fee 6 equal to an autopsy fee established by the officer of the 7 state medical examiner. The bill also requires a county to 8 reimburse a funeral director for all costs associated with the 9 transportation of a body after an investigation or autopsy has 10 been completed. 11 The bill may include a state mandate as defined in Code 12 section 25B.3. The bill makes inapplicable Code section 25B.2, 13 subsection 3, which would relieve a political subdivision from 14 complying with a state mandate if funding for the cost of 15 the state mandate is not provided or specified. Therefore, 16 political subdivisions are required to comply with any state 17 mandate included in the bill. 18 -3- LSB 1822XS (2) 89 js/ns 3/ 3
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