Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 89-S.F.No. 1209 
                  An act relating to Hennepin county; modifying certain 
                  provisions concerning the county medical examiners 
                  office; amending Minnesota Statutes 1994, section 
                  383B.225, subdivisions 5, 6, 7, 9, 11, and 12. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 383B.225, 
        subdivision 5, is amended to read: 
           Subd. 5.  [REPORTS OF DEATH.] All violent deaths, including 
        homicidal, suicidal and accidental, all deaths due to thermal, 
        chemical, electrical or radiational injury, deaths due to 
        criminal abortion, including those self-induced, all sudden 
        deaths of persons not disabled by recognizable diseases, all 
        deaths of nonautopsied persons to be cremated, and all deaths of 
        persons confined in jails or other public institutions, 
        occurring in the county shall be promptly reported for 
        investigation to the county medical examiner by the law 
        enforcement officer, attending physicians, mortician, person in 
        charge of the public institution or jail, or other person having 
        knowledge of them.  Deaths occurring in public hospitals, 
        sanitariums, convalescent and nursing homes are not required to 
        be reported to the examiner, unless the deaths occur as 
        described in this subdivision.  All sudden or unexpected deaths 
        and all deaths which may be due entirely, or in part, to any 
        factor other than natural disease must be reported to the 
        medical examiner for evaluation.  These include, but are not 
        limited to:  
           (1) unnatural deaths, including violent deaths arising from 
        homicide, suicide, or accident; 
           (2) deaths associated with burns or chemical, electrical, 
        or radiational injury; 
           (3) maternal deaths due to abortion; 
           (4) deaths under suspicious circumstances; 
           (5) deaths of inmates of public institutions who have not 
        been hospitalized primarily for organic disease, and deaths of 
        persons in custody of law enforcement officers; 
           (6) deaths that occur during, in association with, or as 
        the result of diagnostic, therapeutic, or anesthetic procedures; 
           (7) deaths due to neglect; 
           (8) stillbirths of 20 weeks or longer gestation unattended 
        by a physician; 
           (9) sudden deaths of persons not disabled by recognizable 
        disease; 
           (10) unexpected deaths of persons notwithstanding a history 
        of underlying disease; 
           (11) deaths of persons to be cremated if an autopsy was not 
        performed; 
           (12) deaths in which a fracture of a major bone such as a 
        femur, humerus, or tibia, has occurred within the past six 
        months; 
           (13) deaths unattended by a physician occurring outside of 
        a licensed health care facility; 
           (14) deaths of persons not seen by their physician within 
        90 days of demise; 
           (15) physician attended deaths of persons occurring in an 
        emergency department; or 
           (16) deaths of unborn or newborn infants in which there has 
        been maternal use of or exposure to unprescribed controlled 
        substances.  
           No person, other than the medical examiner, shall issue a 
        certificate of death in cases of accidental, suicidal, violent, 
        or mysterious deaths, including suspected homicides, occurring 
        in the county. 
           Sec. 2.  Minnesota Statutes 1994, section 383B.225, 
        subdivision 6, is amended to read: 
           Subd. 6.  [INVESTIGATION PROCEDURE.] (a) Upon notification 
        of the death of any person, as provided in subdivision 5, the 
        county medical examiner or a designee may proceed to the body, 
        take charge of it, and order, when necessary, that there be no 
        interference with the body or the scene of death.  Any person 
        violating the order of the examiner is guilty of a misdemeanor.  
        The examiner or the examiner's designee shall make inquiry 
        regarding the cause and manner of death and, in cases that fall 
        under the medical examiner's jurisdiction, prepare written 
        findings together with the report of death and its 
        circumstances, which shall be filed in the office of the 
        examiner.  When it appears that death may have resulted from a 
        criminal act and that further investigation is advisable, a copy 
        of the report shall be transmitted to the county attorney.  The 
        examiner may take possession of any or all property of the 
        deceased, mark it for identification, and make an inventory.  
        The examiner shall take possession of all articles useful in 
        establishing the cause of death, mark them for identification 
        and retain them securely until they are no longer needed for 
        evidence or investigation.  The examiner shall release any 
        property or articles needed for any criminal investigation to 
        law enforcement officers conducting the investigation.  When a 
        reasonable basis exists for not releasing property or articles 
        to law enforcement officers, the examiner shall consult with the 
        county attorney.  If the county attorney determines that a 
        reasonable basis exists for not releasing the property or 
        articles, the examiner may retain them.  The property or 
        articles shall be returned immediately upon completion of the 
        investigation.  When the property or articles are no longer 
        needed for the investigation or as evidence, the examiner shall 
        release the property or articles to the person or persons 
        entitled to them.  Notwithstanding any other law to the 
        contrary, when personal property of more than nominal value of a 
        decedent has come into the possession of the examiner, and is 
        not used for a criminal investigation or as evidence, and has 
        not been otherwise released as provided in this subdivision, the 
        name of the decedent shall be filed with the probate court, 
        together with a copy of the inventory of the decedent's 
        property.  At that time, an examination of the records of the 
        probate court shall be made to determine whether a will has been 
        admitted to probate or an administration has been 
        commenced.  Personal property of a nominal value, including 
        wearing apparel, may be released to or for the spouse or any 
        blood relative or personal representative of the decedent or to 
        the person accepting financial responsibility for burial of the 
        decedent.  If property has not been released by the examiner and 
        no will has been admitted to probate or administration commenced 
        within six months after death, the examiner shall may sell the 
        property, other than firearms or other weapons, of a deceased 
        person at a public auction upon notice and in a manner as the 
        probate court may direct; except that the examiner shall cause 
        to be destroyed any firearm or other weapon that is not released 
        to or claimed by a decedent's spouse or blood relative.  The 
        examiner shall release all firearms of a deceased person to the 
        law enforcement agency handling the investigation and shall 
        cause to be destroyed any other weapon of a deceased person that 
        is not released to or claimed by a decedent's spouse, blood 
        relative, or representative of the estate, or other person who 
        proves lawful ownership.  If the name of the decedent is not 
        known, the examiner shall inventory the property of the decedent 
        and after six months may sell the property at a public auction.  
        The examiner shall be allowed reasonable expenses for the care 
        and sale of the property and shall deposit the net proceeds of 
        the sale with the county administrator, or the administrator's 
        designee, in the name of the decedent, if known.  If the 
        decedent is not known, the examiner shall establish a means of 
        identifying the property of the decedent with the unknown 
        decedent and shall deposit the net proceeds of the sale with the 
        county administrator, or a designee, so, that, if the unknown 
        decedent's identity is established within six years, the 
        proceeds can be properly distributed.  In either case, duplicate 
        receipts shall be provided to the examiner, one of which shall 
        be filed with the court, the other of which shall be retained in 
        the office of the examiner.  If a representative shall qualify 
        within six years from the time of deposit, the county 
        administrator, or a designee, shall pay the amount of the 
        deposit to the representative upon order of the court.  If no 
        order is made within six years, the proceeds of the sale shall 
        become a part of the general revenue of the county. 
           (b) For the purposes of this section, health-related 
        records or data on a decedent, except health data defined in 
        section 13.38, whose death is being investigated under this 
        section, whether the records or data are recorded or unrecorded, 
        including but not limited to those concerning medical, surgical, 
        psychiatric, psychological, chemical dependency, or any other 
        consultation, diagnosis, or treatment, including medical 
        imaging, shall be made promptly available to the medical 
        examiner, upon the medical examiner's written request, by a 
        person having custody of, possession of, access to, or knowledge 
        of the records or data.  The medical examiner shall pay the 
        reasonable costs of copies of records or data provided to the 
        medical examiner under this section.  Data collected or created 
        pursuant to this subdivision relating to any psychiatric, 
        psychological, or mental health consultation with, diagnosis of, 
        or treatment of the decedent whose death is being investigated 
        shall remain confidential or protected nonpublic data, except 
        that the medical examiner's report may contain a summary of such 
        data. 
           (c) After investigating deaths of unautopsied persons who 
        are to be cremated, the medical examiner shall give approval for 
        cremation and shall record such approval by affixing the 
        examiner's signature on the reverse side of the deceased 
        person's death certificate. 
           (d) The medical examiner has the power to subpoena any and 
        all documents, records, and papers deemed useful in the 
        investigation of a death. 
           Sec. 3.  Minnesota Statutes 1994, section 383B.225, 
        subdivision 7, is amended to read: 
           Subd. 7.  [AUTOPSIES.] If the county medical examiner deems 
        it advisable and in the public interest that an autopsy be 
        performed upon a body coming under the jurisdiction and control 
        of the examiner, or if an autopsy is ordered by a district court 
        judge, an autopsy shall be performed without unnecessary delay.  
        A report of the facts developed by the autopsy and findings of 
        the person performing the autopsy shall be promptly made and 
        filed in the office of the county medical examiner.  When 
        further investigation is deemed advisable, a copy of the report 
        shall be delivered to the county attorney, and to any other 
        official at whose request the autopsy was performed.  Every 
        autopsy performed pursuant to this subdivision shall, whenever 
        practicable practical, be performed in the county morgue.  
        Nothing herein shall require the examiner to perform an autopsy 
        upon the body of a deceased person if the deceased person died 
        of known or ascertainable causes or had been under the care of a 
        licensed physician immediately prior to death if the examiner 
        determines the autopsy to be unnecessary.  Autopsies performed 
        pursuant to this subdivision may include the removal, retention, 
        testing, and use of organs and parts of organs and tissues, at 
        the discretion of the medical examiner, when removal, 
        retention and, testing, or use are necessary for useful in 
        determining or confirming the cause of death.  When removal, 
        retention, and use of organs and parts of organs and tissues are 
        deemed beneficial, and is done only for the advancement of 
        medical knowledge and progress, written consent or documented 
        oral consent shall be obtained from the heirs, if any, of the 
        deceased person prior to the removal, retention, and use. 
           The medical examiner may facilitate donation of organs and 
        tissues in compliance with the Uniform Anatomical Gift Act, 
        sections 525.91 to 525.9224. 
           Sec. 4.  Minnesota Statutes 1994, section 383B.225, 
        subdivision 9, is amended to read: 
           Subd. 9.  [REQUEST FOR EXAMINATIONS.] The county medical 
        examiner may, when requested, make physical examinations and 
        tests incident to any matter of a criminal nature under 
        consideration by the district court or the county attorney or 
        criminal defense counsel and shall deliver a copy of a report of 
        them to the court or attorney making the request.  When a copy 
        of the report is delivered to criminal defense counsel, the 
        county attorney shall receive a copy of the same report.  If the 
        requesting attorney is not a public defender or prosecutor, the 
        medical examiner may make a reasonable charge for the 
        examination or tests. 
           Sec. 5.  Minnesota Statutes 1994, section 383B.225, 
        subdivision 11, is amended to read: 
           Subd. 11.  [DISPOSITION.] After the investigation has been 
        completed, including an autopsy if one is made, the dead body 
        shall be released immediately promptly to the relatives or 
        friends of the deceased person for burial person or persons 
        entitled to bury the deceased person.  If the deceased person is 
        unknown, or if the body is unclaimed, the county medical 
        examiner may deliver the body for purposes of anatomical study 
        if the body is suitable.  Otherwise, the county medical examiner 
        shall provide for decent disposition of the remains. 
           Sec. 6.  Minnesota Statutes 1994, section 383B.225, 
        subdivision 12, is amended to read: 
           Subd. 12.  [PRESERVATION OF IDENTITY.] The county medical 
        examiner may preserve and retain photographs, specimens, and 
        other data for establishing or confirming the identification of 
        bodies or for other forensic purposes under the jurisdiction of 
        the office.  Upon request by the appropriate agency, the 
        examiner shall make the information available to aid in the 
        establishment of the identity of the deceased person. 
           Sec. 7.  [EFFECTIVE DATE.] 
           This act is effective the day after the Hennepin county 
        board complies with Minnesota Statutes, section 645.021, 
        subdivision 3. 
           Presented to the governor April 21, 1995 
           Signed by the governor April 24, 1995, 1:36 p.m.