HF 3412

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; creating a religious exemption to 
  1.3             mandated autopsies; amending Minnesota Statutes 1996, 
  1.4             sections 145.132; 299F.04, subdivision 5; 383B.225, 
  1.5             subdivisions 7 and 8; 390.11, subdivisions 2, 2a, and 
  1.6             3; and 390.32, subdivisions 2, 2a, and 3; proposing 
  1.7             coding for new law in Minnesota Statutes, chapter 390. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 145.132, is 
  1.10  amended to read: 
  1.11     145.132 [AUTHORIZED REMOVAL OF BRAIN.] 
  1.12     Except as provided under section 390.50, if the attending 
  1.13  physician of a recipient of medical assistance is of the opinion 
  1.14  that the deceased recipient was a victim of Alzheimer's disease, 
  1.15  the physician or a designated pathologist may remove the brain 
  1.16  of the decedent.  Before the physician removes the brain, the 
  1.17  physician shall obtain the permission of the decedent's next of 
  1.18  kin, the authorization of the county coroner or medical 
  1.19  examiner, and the authorization of the appropriate department of 
  1.20  the St. Paul Ramsey medical center.  The extracted brain shall 
  1.21  be immediately transported to the St. Paul Ramsey medical center 
  1.22  in a manner prescribed by the St. Paul Ramsey medical center.  
  1.23     Sec. 2.  Minnesota Statutes 1996, section 299F.04, 
  1.24  subdivision 5, is amended to read: 
  1.25     Subd. 5.  [NOTIFICATION.] (a) As used in this subdivision, 
  1.26  "chief officer" means the city fire marshal or chief officer of 
  2.1   a law enforcement agency's arson investigation unit in a city of 
  2.2   the first class. 
  2.3      (b) The officer making investigation of a fire resulting in 
  2.4   a human death shall immediately notify either the state fire 
  2.5   marshal or a chief officer.  The state fire marshal or chief 
  2.6   officer may conduct an investigation to establish the origin and 
  2.7   cause regarding the circumstance of the death.  If the chief 
  2.8   officer undertakes the investigation, the officer shall promptly 
  2.9   notify the state fire marshal of the investigation and, after 
  2.10  the investigation is completed, shall forward a copy of the 
  2.11  investigative report to the state fire marshal.  Unless the 
  2.12  investigating officer does so, the state fire marshal or chief 
  2.13  officer shall immediately notify the appropriate coroner or 
  2.14  medical examiner of a human death occurring as a result of a 
  2.15  fire.  Except as provided under section 390.50, the coroner or 
  2.16  medical examiner shall perform an autopsy in the case of a human 
  2.17  death as provided in section 390.11, subdivision 2a, or 390.32, 
  2.18  subdivision 2a, as appropriate. 
  2.19     Sec. 3.  Minnesota Statutes 1996, section 383B.225, 
  2.20  subdivision 7, is amended to read: 
  2.21     Subd. 7.  [AUTOPSIES.] Except as provided under section 
  2.22  390.50, if the county medical examiner deems it advisable and in 
  2.23  the public interest that an autopsy be performed upon a body 
  2.24  coming under the jurisdiction and control of the examiner, or if 
  2.25  an autopsy is ordered by a district court judge, an autopsy 
  2.26  shall be performed without unnecessary delay.  A report of the 
  2.27  facts developed by the autopsy and findings of the person 
  2.28  performing the autopsy shall be promptly made and filed in the 
  2.29  office of the county medical examiner.  When further 
  2.30  investigation is deemed advisable, a copy of the report shall be 
  2.31  delivered to the county attorney, and to any other official at 
  2.32  whose request the autopsy was performed.  Every autopsy 
  2.33  performed pursuant to this subdivision shall, whenever 
  2.34  practical, be performed in the county morgue.  Nothing herein 
  2.35  shall require the examiner to perform an autopsy upon the body 
  2.36  of a deceased person if the deceased person died of known or 
  3.1   ascertainable causes or had been under the care of a licensed 
  3.2   physician immediately prior to death if the examiner determines 
  3.3   the autopsy to be unnecessary.  Autopsies performed pursuant to 
  3.4   this subdivision may include the removal, retention, testing, 
  3.5   and use of organs and parts of organs and tissues, at the 
  3.6   discretion of the medical examiner, when removal, retention, 
  3.7   testing, or use are useful in determining or confirming the 
  3.8   cause of death.  When removal, retention, and use of organs and 
  3.9   parts of organs and tissues are deemed beneficial, and is done 
  3.10  only for the advancement of medical knowledge and progress, 
  3.11  written consent or documented oral consent shall be obtained 
  3.12  from the heirs, if any, of the deceased person prior to the 
  3.13  removal, retention, and use. 
  3.14     The medical examiner may facilitate donation of organs and 
  3.15  tissues in compliance with the Uniform Anatomical Gift Act, 
  3.16  sections 525.91 to 525.9224. 
  3.17     Sec. 4.  Minnesota Statutes 1996, section 383B.225, 
  3.18  subdivision 8, is amended to read: 
  3.19     Subd. 8.  [DISINTERMENT.] Upon application by the county 
  3.20  medical examiner, pursuant to the performance of duties under 
  3.21  sections 383B.211 to 383B.229, the district court, upon good 
  3.22  cause shown, may order disinterment of any dead body.  The 
  3.23  application shall set forth the names and addresses of those of 
  3.24  the next of kin of the deceased person who are known to the 
  3.25  examiner.  Notice of an application shall be given by personal 
  3.26  service, not less than three days prior to the date of hearing 
  3.27  on it, upon those of the next of kin of the deceased person who 
  3.28  reside in the county.  If none of the next of kin of the 
  3.29  deceased person can be found in the county, then notice shall be 
  3.30  given to the next of kin who reside outside the county in the 
  3.31  manner and at the time the court shall direct, unless, upon a 
  3.32  proper showing, the court determines that an immediate 
  3.33  postmortem examination is necessary.  If the next of kin are 
  3.34  unknown, the court shall issue its order, upon a proper showing, 
  3.35  without notice to any adverse party.  Except as provided under 
  3.36  section 390.50, when a dead body is disinterred by an order of 
  4.1   court to ascertain facts relating to the cause of death, the 
  4.2   examiner, having information which indicates that death may have 
  4.3   resulted from a criminal act, shall perform a postmortem 
  4.4   examination, or autopsy, and shall perform the other duties as 
  4.5   required. 
  4.6      Sec. 5.  Minnesota Statutes 1996, section 390.11, 
  4.7   subdivision 2, is amended to read: 
  4.8      Subd. 2.  [VIOLENT OR MYSTERIOUS DEATHS; AUTOPSIES.] Except 
  4.9   as provided under section 390.50, the coroner may conduct an 
  4.10  autopsy in the case of any human death referred to in 
  4.11  subdivision 1, clause (1) or (2), when the coroner judges that 
  4.12  the public interest requires an autopsy.  
  4.13     Sec. 6.  Minnesota Statutes 1996, section 390.11, 
  4.14  subdivision 2a, is amended to read: 
  4.15     Subd. 2a.  [DEATHS CAUSED BY FIRE; AUTOPSIES.] Except as 
  4.16  provided under section 390.50, the coroner shall conduct an 
  4.17  autopsy in the case of any human death reported to the coroner 
  4.18  by the state fire marshal or a chief officer under section 
  4.19  299F.04, subdivision 5, and apparently caused by fire. 
  4.20     Sec. 7.  Minnesota Statutes 1996, section 390.11, 
  4.21  subdivision 3, is amended to read: 
  4.22     Subd. 3.  [OTHER DEATHS; AUTOPSIES; EXHUMATION; CONSENT.] 
  4.23  Except as provided under section 390.50, the coroner may conduct 
  4.24  an autopsy in the case of any human death referred to in 
  4.25  subdivision 1, clause (3) or (4), or may exhume any human body 
  4.26  and perform an autopsy on it in the case of any human death 
  4.27  referred to in subdivision 1 when the coroner judges that the 
  4.28  public interest requires an autopsy.  No autopsy shall be 
  4.29  conducted unless the surviving spouse, or next of kin if there 
  4.30  is no surviving spouse, consents to it, or the district court of 
  4.31  the county where the body is located or buried, upon notice as 
  4.32  the court directs, enters an order authorizing an autopsy or an 
  4.33  exhumation and autopsy.  Application for an order may be made by 
  4.34  the coroner or by the county attorney of the county where the 
  4.35  body is located or buried, upon a showing that the court deems 
  4.36  appropriate.  
  5.1      Sec. 8.  Minnesota Statutes 1996, section 390.32, 
  5.2   subdivision 2, is amended to read: 
  5.3      Subd. 2.  [VIOLENT OR MYSTERIOUS DEATHS; AUTOPSIES.] Except 
  5.4   as provided in section 390.50, the medical examiner may conduct 
  5.5   an autopsy in the case of any human death of any type referred 
  5.6   to in subdivision 1, clause (1) or (2), when in the judgment of 
  5.7   the medical examiner the public interest requires an autopsy. 
  5.8      Sec. 9.  Minnesota Statutes 1996, section 390.32, 
  5.9   subdivision 2a, is amended to read: 
  5.10     Subd. 2a.  [DEATHS CAUSED BY FIRE; AUTOPSIES.] Except as 
  5.11  provided under section 390.50, the medical examiner shall 
  5.12  conduct an autopsy in the case of any human death reported to 
  5.13  the medical examiner by the state fire marshal or a chief 
  5.14  officer under section 299F.04, subdivision 5, and apparently 
  5.15  caused by fire. 
  5.16     Sec. 10.  Minnesota Statutes 1996, section 390.32, 
  5.17  subdivision 3, is amended to read: 
  5.18     Subd. 3.  [OTHER DEATHS; AUTOPSIES; EXHUMATION CONSENT.] 
  5.19  Except as provided under section 390.50, the medical examiner 
  5.20  may conduct an autopsy in the case of any human death of any 
  5.21  type referred to in subdivision 1, clause (3) or (4), or may 
  5.22  exhume any human body and perform an autopsy in the case of any 
  5.23  human death of any type referred to in subdivision 1 when in the 
  5.24  judgment of the medical examiner the public interest requires an 
  5.25  autopsy.  No such autopsy shall be conducted unless the 
  5.26  surviving spouse, or next of kin if there is no surviving 
  5.27  spouse, consents, or unless the district court of the county 
  5.28  where the body is located or buried, upon notice as the court 
  5.29  directs, enters its order authorizing an autopsy or an 
  5.30  exhumation and autopsy.  Application for an order may be made by 
  5.31  the medical examiner or the county attorney of the county where 
  5.32  the body is located or buried, upon a showing that the court 
  5.33  deems appropriate. 
  5.34     Sec. 11.  [390.50] [LIMITATIONS TO DISSECTION OR AUTOPSY.] 
  5.35     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  5.36  section, the following terms have the meanings given.  
  6.1      (b) "Compelling public necessity" means:  
  6.2      (1) that a dissection or autopsy is essential to the 
  6.3   conduct of a criminal investigation of a homicide of which the 
  6.4   decedent is the victim; 
  6.5      (2) that discovery of the cause of death is necessary to 
  6.6   meet an immediate and substantial threat to the public health 
  6.7   and that a dissection or autopsy is essential to ascertain the 
  6.8   cause of death; or 
  6.9      (3) that the need for a dissection or autopsy is 
  6.10  established according to subdivision 5.  
  6.11     (c) "Relative" means the person most closely related to the 
  6.12  decedent by consanguinity or affinity.  In the event the person 
  6.13  is unavailable, the objection may be raised on the person's 
  6.14  behalf by the next most closely related person.  The official 
  6.15  who has authority to order a dissection or autopsy of the 
  6.16  decedent's body may require a relative to present an affidavit 
  6.17  stating the person's relationship to the decedent, the religious 
  6.18  affiliation of the decedent, if any, that the decedent had 
  6.19  religious objections to an autopsy, the basis for the belief, 
  6.20  and that the person will assume responsibility for the lawful 
  6.21  disposition of the body of the deceased.  
  6.22     (d) "Friend" means a person who, prior to the decedent's 
  6.23  death, maintained regular contact with the decedent so as to be 
  6.24  familiar with the decedent's activities, health, and religious 
  6.25  beliefs, and who presents an affidavit stating the facts and 
  6.26  circumstances upon which the claim that the person is a friend 
  6.27  is based, the religious affiliation of the decedent, if any, 
  6.28  that the decedent had religious objections to an autopsy, the 
  6.29  basis for the belief, and that the person will assume 
  6.30  responsibility for the lawful disposition of the body of the 
  6.31  deceased.  
  6.32     Subd. 2.  [PROHIBITION.] Notwithstanding any other 
  6.33  provision of law, in the absence of a compelling public 
  6.34  necessity, no dissection or autopsy shall be performed over the 
  6.35  objection of a surviving relative or friend of the deceased that 
  6.36  the procedure is contrary to the religious belief of the 
  7.1   decedent, or, if there is otherwise reason to believe that a 
  7.2   dissection or autopsy is contrary to the decedent's religious 
  7.3   beliefs.  
  7.4      Subd. 3.  [LEAST INTRUSIVE PROCEDURE.] A dissection or 
  7.5   autopsy performed according to this section shall be the least 
  7.6   intrusive procedure consistent with the compelling state 
  7.7   interest. 
  7.8      Subd. 4.  [NOTICE.] No dissection or autopsy shall be 
  7.9   performed over the objection of a surviving relative or friend 
  7.10  that the procedure is contrary to the religious beliefs of the 
  7.11  deceased, or where there is otherwise reason to believe that a 
  7.12  dissection or autopsy is contrary to the decedent's religious 
  7.13  beliefs, until notice of the dissection or autopsy is given to 
  7.14  the next of kin or friend, or until 48 hours have elapsed, 
  7.15  whichever is greater, to permit an objecting party to institute 
  7.16  legal proceedings to determine the propriety of the dissection 
  7.17  or autopsy.  A court, upon ex parte motion, may dispense with 
  7.18  the waiting period if it determines that the delay may prejudice 
  7.19  the accuracy of the autopsy or dissection or if the objecting 
  7.20  party is a suspect in the homicide. 
  7.21     Subd. 5.  [COURT DETERMINATION.] (a) Whenever a coroner or 
  7.22  medical examiner deems it necessary to perform a dissection or 
  7.23  autopsy over the objection of a surviving relative or friend 
  7.24  that the procedure is contrary to the religious beliefs of the 
  7.25  deceased, or where there is otherwise reason to believe that a 
  7.26  dissection or autopsy is contrary to the decedent's religious 
  7.27  beliefs, in circumstances not provided for in subdivision 1, 
  7.28  paragraph (b), clause (1) or (2), the coroner or medical 
  7.29  examiner may institute a special proceeding, without fee, in 
  7.30  district court for an order authorizing a dissection or autopsy. 
  7.31     (b) The proceeding shall be instituted as soon as 
  7.32  practicable, brought on by an order to show cause on notice to 
  7.33  the next of kin or friend, or if none is known to the 
  7.34  petitioner, then to a party as the court may direct, returnable 
  7.35  at the earliest possible time. 
  7.36     (c) The proceeding shall have preference over all other 
  8.1   cases in the court and shall be determined summarily upon the 
  8.2   petition and any oral or written proof offered by the parties. 
  8.3      (d) The court shall grant the relief sought in the petition 
  8.4   if it finds that the petitioner has established a demonstrable 
  8.5   need for an autopsy or dissection under all circumstances of the 
  8.6   case.  If the petition is denied, and no stay is granted by the 
  8.7   court or the court of appeals, the body shall immediately be 
  8.8   released for burial to the surviving relative or friend.