CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0562
By Senators Kirkpatrick, Holzendorf, Brown-Waite, Williams,
Gutman and Crist
5-551-98
1 A bill to be entitled
2 An act relating to medical examiners; amending
3 s. 406.06, F.S.; providing additional grounds
4 for the suspension of medical examiners;
5 amending s. 406.075, F.S.; providing penalties
6 for disciplinary violations; amending s.
7 406.11, F.S.; specifying medical examiners'
8 duties regarding autopsies; providing an
9 effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Subsections (6) and (7) are added to
14 section 406.06, Florida Statutes, to read:
15 406.06 District medical examiners; associates.--
16 (6) The Governor may suspend a medical examiner for a
17 violation of s. 406.11(2)(b).
18 (7) The Medical Examiners Commission may temporarily
19 suspend a medical examiner who is unable to carry out the
20 duties of a medical examiner by reason of the use of alcohol,
21 drugs, narcotics, chemicals, or any other type of material.
22 The commission shall reinstate the medical examiner if the
23 medical examiner shows the commission that he or she is under
24 appropriate treatment or in an appropriate program addressing
25 the use of alcohol, drugs, narcotics, chemicals, or any other
26 type of material and is again capable of carrying out the
27 duties of a medical examiner.
28 Section 2. Subsection (1) of section 406.075, Florida
29 Statutes, is amended to read:
30 406.075 Grounds for discipline; disciplinary
31 proceedings.--
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Florida Senate - 1998 SB 562
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1 (1) A district or associate medical examiner may be
2 reprimanded, placed on probation, removed, or suspended by the
3 Medical Examiners Commission for any of the following:
4 (a) Failure to comply with the provisions of this
5 chapter or with the rules of the commission.
6 (b) Misuse or misappropriation of public funds or
7 property.
8 (c) Being convicted or found guilty, regardless of
9 adjudication, of a crime in any jurisdiction which directly
10 relates to the duties of the district medical examiner or the
11 ability to perform the duties of the medical examiner.
12 (d) Disciplinary action against him or her by any
13 state board licensing him or her as a physician.
14 (e) Having a financial interest in any funeral or
15 direct disposal establishment or transportation service which
16 does business, directly or indirectly, with the office of the
17 district medical examiner.
18 (f) A material misrepresentation of his or her
19 education, training, experience, or expertise while in his or
20 her capacity as a medical examiner.
21 (g) A material misrepresentation of data upon which an
22 opinion or conclusion as a medical examiner is based.
23 (h) A violation of s. 406.11(2)(b).
24 (i) Negligence or failure to perform his or her
25 professional duties with the level of care and skill of a
26 reasonably prudent medical examiner under similar conditions
27 and circumstances.
28 Section 3. Section 406.11, Florida Statutes, is
29 amended to read:
30 406.11 Examinations, investigations, and autopsies.--
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Florida Senate - 1998 SB 562
5-551-98
1 (1) In any of the following circumstances involving
2 the death of a human being, the medical examiner of the
3 district in which the death occurred or the body was found
4 shall determine the cause of death and shall, for that
5 purpose, make or have performed such examinations,
6 investigations, and autopsies as he or she shall deem
7 necessary or as shall be requested by the state attorney:
8 (a) When any person dies in the state:
9 1. Of criminal violence.
10 2. By accident.
11 3. By suicide.
12 4. Suddenly, when in apparent good health.
13 5. Unattended by a practicing physician or other
14 recognized practitioner.
15 6. In any prison or penal institution.
16 7. In police custody.
17 8. In any suspicious or unusual circumstance.
18 9. By criminal abortion.
19 10. By poison.
20 11. By disease constituting a threat to public health.
21 12. By disease, injury, or toxic agent resulting from
22 employment.
23 (b) When a dead body is brought into the state without
24 proper medical certification.
25 (c) When a body is to be cremated, dissected, or
26 buried at sea.
27 (2)(a) The district medical examiner shall have the
28 authority in any case coming under subsection (1) any of the
29 above categories to perform, or have performed, whatever
30 autopsies or laboratory examinations he or she deems necessary
31 and in the public interest to identify the deceased, to
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Florida Senate - 1998 SB 562
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1 determine the cause of death of the deceased, or to obtain
2 evidence required for forensic examination.
3 (b) The Medical Examiners Commission shall adopt
4 promulgate rules, pursuant to chapter 120, providing for the
5 notification of the next of kin that an investigation by the
6 medical examiner's office is being conducted. A medical
7 examiner may not retain or furnish any body part of a deceased
8 person for research or other purposes that are not in
9 conjunction with a determination of the identity of the
10 deceased, the cause or manner of death, or the presence of
11 disease, or as provided in chapter 873, or part X of chapter
12 732, or chapter 406, without notification and approval of the
13 next of kin.
14 (3) The Medical Examiners Commission may adopt rules
15 incorporating by reference practice parameters or guidelines
16 or standards of conduct relating to investigations or the
17 performance of autopsies.
18 Section 4. This act shall take effect July 1, 1998.
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21 SENATE SUMMARY
22 Revises provisions related to medical examiners. Provides
additional grounds for their suspension and provides
23 additional penalties that may be imposed for disciplinary
violations. Specifies medical examiner duties regarding
24 autopsies.
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