House Bill 1329er

CODING: Words stricken are deletions; words underlined are additions.





    ENROLLED

    1998 Legislature                                    CS/HB 1329



  1

  2         An act relating to medical examiners; amending

  3         s. 406.06, F.S.; specifying certain

  4         circumstances under which a medical examiner

  5         may be suspended; amending s. 406.075, F.S.;

  6         providing additional disciplinary measures and

  7         grounds for discipline applicable to medical

  8         examiners; amending s. 406.11, F.S.;

  9         restricting to certain purposes the

10         examinations, investigations, and autopsies

11         medical examiners are required or authorized to

12         make or have performed; requiring notification

13         of and approval by next of kin for a medical

14         examiner to retain or furnish any body part of

15         a deceased person for research or certain other

16         purposes; providing for adoption of rules to

17         incorporate by reference parameters or

18         guidelines of practice or standards of conduct

19         relating to examinations, investigations, and

20         autopsies performed by medical examiners;

21         providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Subsections (6) and (7) are added to

26  section 406.06, Florida Statutes, to read:

27         406.06  District medical examiners; associates.--

28         (6)  The Governor may suspend a medical examiner for

29  violation of s. 406.11(2)(b).

30         (7)  The Medical Examiners Commission may temporarily

31  suspend a medical examiner who is unable to carry out the


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                                    CS/HB 1329



  1  duties of a medical examiner by reason of the use of alcohol,

  2  drugs, narcotics, chemicals, or any other type of material.

  3  The commission shall reinstate the medical examiner if the

  4  medical examiner shows the commission that he or she is under

  5  appropriate treatment or in an appropriate program addressing

  6  the use of alcohol, drugs, narcotics, chemicals, or any other

  7  type of material and is again capable of carrying out the

  8  duties of a medical examiner.

  9         Section 2.  Subsection (1) of section 406.075, Florida

10  Statutes, is amended to read:

11         406.075  Grounds for discipline; disciplinary

12  proceedings.--

13         (1)  A district or associate medical examiner may be

14  reprimanded, placed on a period of probation, removed, or

15  suspended by the Medical Examiners Commission for any of the

16  following:

17         (a)  Failure to comply with the provisions of this

18  chapter or with the rules of the commission.

19         (b)  Misuse or misappropriation of public funds or

20  property.

21         (c)  Being convicted or found guilty, regardless of

22  adjudication, of a crime in any jurisdiction which directly

23  relates to the duties of the district medical examiner or the

24  ability to perform the duties of the medical examiner.

25         (d)  Disciplinary action against him or her by any

26  state board licensing him or her as a physician.

27         (e)  Having a financial interest in any funeral or

28  direct disposal establishment or transportation service which

29  does business, directly or indirectly, with the office of the

30  district medical examiner.

31


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                                    CS/HB 1329



  1         (f)  A material misrepresentation of his or her

  2  education, training, experience, or expertise while in his or

  3  her capacity as a medical examiner.

  4         (g)  A material misrepresentation of data upon which an

  5  opinion or conclusion as a medical examiner is based.

  6         (h)  Violation of s. 406.11(2)(b).

  7         (i)  Negligence or the failure to perform the duties

  8  required of a medical examiner with that level of care or

  9  skill which is recognized by reasonably prudent medical

10  examiners as being acceptable under similar conditions and

11  circumstances.

12         Section 3.  Section 406.11, Florida Statutes, is

13  amended to read:

14         406.11  Examinations, investigations, and autopsies.--

15         (1)  In any of the following circumstances involving

16  the death of a human being, the medical examiner of the

17  district in which the death occurred or the body was found

18  shall determine the cause of death and shall, for that

19  purpose, make or have performed such examinations,

20  investigations, and autopsies as he or she shall deem

21  necessary or as shall be requested by the state attorney:

22         (a)  When any person dies in the state:

23         1.  Of criminal violence.

24         2.  By accident.

25         3.  By suicide.

26         4.  Suddenly, when in apparent good health.

27         5.  Unattended by a practicing physician or other

28  recognized practitioner.

29         6.  In any prison or penal institution.

30         7.  In police custody.

31         8.  In any suspicious or unusual circumstance.


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                                    CS/HB 1329



  1         9.  By criminal abortion.

  2         10.  By poison.

  3         11.  By disease constituting a threat to public health.

  4         12.  By disease, injury, or toxic agent resulting from

  5  employment.

  6         (b)  When a dead body is brought into the state without

  7  proper medical certification.

  8         (c)  When a body is to be cremated, dissected, or

  9  buried at sea.

10         (2)(a)  The district medical examiner shall have the

11  authority in any case coming under subsection (1) any of the

12  above categories to perform, or have performed, whatever

13  autopsies or laboratory examinations he or she deems necessary

14  and in the public interest to determine the identification of

15  or cause or manner of death of the deceased or to obtain

16  evidence necessary for forensic examination.

17         (b)  The Medical Examiners Commission shall adopt

18  promulgate rules, pursuant to chapter 120, providing for the

19  notification of the next of kin that an investigation by the

20  medical examiner's office is being conducted. A medical

21  examiner may not retain or furnish any body part of the

22  deceased for research or any other purpose which is not in

23  conjunction with a determination of the identification of or

24  cause or manner of death of the deceased or the presence of

25  disease or which is not otherwise authorized by this chapter,

26  part X of chapter 732, or chapter 873, without notification of

27  and approval by the next of kin.

28         (3)  The Medical Examiners Commission may adopt rules

29  incorporating by reference parameters or guidelines of

30  practice or standards of conduct relating to examinations,

31  investigations, or autopsies performed by medical examiners.


                                  4

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                                    CS/HB 1329



  1         Section 4.  This act shall take effect July 1 of the

  2  year in which enacted.

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  5