Senate Bill 0562c1

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



    Florida Senate - 1998                            CS for SB 562

    By the Committee on Criminal Justice and Senators Kirkpatrick,
    Holzendorf, Brown-Waite, Williams, Gutman and Crist




    307-1744-98

  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.

10

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

12

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                            CS for SB 562
    307-1744-98




  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.--

31

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    Florida Senate - 1998                            CS for SB 562
    307-1744-98




  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                            CS for SB 562
    307-1744-98




  1  determine the cause or manner of death of the deceased, or to

  2  obtain 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 without notification and

  9  approval of the next of kin. A medical examiner may retain or

10  furnish any body part of a deceased person in conjunction with

11  any criminal matter or preservation of forensic evidence or a

12  determination of the identity of the deceased, the cause or

13  manner of death, or the presence of disease, or as provided in

14  chapter 873, or part X of chapter 732, or chapter 406, without

15  notification and approval of the next of kin.

16         (3)  The Medical Examiners Commission may adopt rules

17  incorporating by reference practice parameters or guidelines

18  or standards of conduct relating to investigations or the

19  performance of autopsies.

20         Section 4.  This act shall take effect July 1, 1998.

21

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 562

24

25  .    Allows a medical examiner to make a determination on a
         deceased's "manner of death."
26
    .    Allows a medical examiner to retain or furnish body parts
27       for "any criminal matter or preservation of forensic
         evidence."
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