2007 Minnesota Statutes

CHAPTER 390. CORONER; MEDICAL EXAMINER

390.005 ELECTION OR APPOINTMENT, ELIGIBILITY; VACANCIES; REMOVAL.
    Subdivision 1. Selection of coroner or medical examiner. Each county must have a coroner
or medical examiner. A coroner may be elected, as prescribed by section 382.01, or appointed
in each county. A medical examiner must be appointed by the county board. The term of an
appointed coroner or medical examiner must not be longer than four years.
    Subd. 2. Appointment by resolution. The board of county commissioners may, by
resolution, state its intention to fill the office of coroner by appointment. The resolution must be
adopted at least six months before the end of the term of the incumbent coroner, if elected. After
the resolution is adopted, the board shall fill the office by appointing a person not less than 30
days before the end of the incumbent's term. The appointed coroner shall serve for a term of office
determined by the board beginning upon the expiration of the term of the incumbent. The term
must not be longer than four years.
If there is a vacancy in the elected office, the board may by resolution, state its intention to
fill the office by appointment. When the resolution is adopted, the board shall fill the office by
appointment immediately. The coroner shall serve for a term determined by the board. The term
must not be longer than four years.
    Subd. 3. Qualifications. (a) The medical examiner must be a forensic pathologist who is
certified or eligible for certification by the American Board of Pathology. The medical examiner
is an appointed public official in a system of death investigation in which the administrative
control, the determination of the extent of the examination, need for autopsy, and the filing of the
cause and manner of death information with the state registrar pursuant to section 144.221 are
all under the control of the medical examiner.
(b) The coroner must be a physician with a valid license in good standing under chapter 147,
to practice medicine as defined under section 147.081, subdivision 3. The coroner is a public
official, elected or appointed, whose duty is to make inquiry into deaths in certain categories,
determine the cause and manner of death, and file the information with the state registrar
pursuant to section 144.221. The coroner must obtain additional training in medicolegal death
investigation, such as training by the American Board of Medicolegal Death Investigators, within
four years of taking office, unless the coroner has already obtained this training.
(c) The coroner or medical examiner need not be a resident of the county.
    Subd. 4. Certain incumbents. An incumbent coroner or medical examiner in office on July
1, 2006, is hereby deemed to meet the qualifications prescribed by this section for the purpose
of continuance in the office of coroner until the end of the current term of office, after which
this statute will apply.
    Subd. 5. Vacancies, removal. Vacancies in the office of coroner or medical examiner shall
be filled according to sections 375.08 and 382.02, or under subdivision 1. The medical examiner
or appointed coroner may be removed by the county board during a term of office for cause
shown after a hearing upon due notice of written charges. The hearing shall be conducted in
accordance with that county's human resources policy.
History: 1965 c 761 s 1; 1983 c 114 s 1; 1985 c 265 art 7 s 1; 1994 c 445 s 1; 2006
c 260 art 8 s 1

390.006 [Repealed, 2006 c 260 art 8 s 21]

390.0065 HENNEPIN COUNTY MEDICAL EXAMINER; SELECTION AND TERM.
Hennepin County shall use the following procedure to select the Hennepin County medical
examiner: the Hennepin County Board shall designate three licensed physicians who shall
constitute a Medical Examiner Board. One member shall be a dean or professor of the Department
of Pathology of a Class A medical school as designated by the American Medical Association.
Another member of the board shall be a member of the Minnesota Society of Pathologists.
The third member shall be designated by the Hennepin County Medical Association from its
membership. The Medical Examiner Board shall accept applications for the position of Hennepin
County medical examiner when a vacancy exists in the office. Applications therefore shall be
considered from doctors of medicine who are: (1) graduates of a medical school recognized by
the American Medical Association or American Osteopathic Association, (2) members in good
standing in the medical profession, (3) eligible for appointment to the staff of the Hennepin
County Medical Center, and (4) certified or eligible for certification in forensic pathology by the
American Board of Pathology. The Medical Examiner Board shall review the qualifications of
the applicants and shall rank the applicants deemed qualified for the position and provide to the
county board a report of the seven highest ranked applicants together with their qualifications. The
county board shall appoint a county medical examiner from those listed in the report. The term of
the examiner shall continue for four years from the date of appointment. Reappointment shall
be made at least 90 days prior to the expiration of the term. If a vacancy requires a temporary
appointment, the board of commissioners shall appoint a medical doctor on the staff of the county
medical examiner's office to assume the duties of the medical examiner until an appointment can
be made in compliance with the specified selection procedure. Actual and necessary expenses of
the Medical Examiner Board shall be paid in accordance with sections 471.38 to 471.415.
History: 2006 c 260 art 8 s 2

390.01 BOND AND INDEMNIFICATION.
The coroner or medical examiner shall be included in the bond held by the county for all
appointed and elected county officials and shall be defended and indemnified, pursuant to section
466.07. The oath of office shall be recorded and filed with the county recorder.
History: (942) RL s 583; 1973 c 524 s 8; 1976 c 181 s 2; 1985 c 265 art 7 s 1; 2006
c 260 art 8 s 3

390.011 AUTONOMY.
The coroner or medical examiner is an independent official of the county, subject only to
appointment, removal, and budgeting by the county board.
History: 2006 c 260 art 8 s 4

390.012 JURISDICTION.
The coroner or medical examiner of the county in which a person dies or is pronounced dead
shall have jurisdiction over the death, regardless of where any injury that resulted in the death
occurred. The place where death is pronounced is deemed to be the place where death occurred.
If the place of death is unknown but the dead body is found in Minnesota, the place where the
body is found is considered the place of death. If the date of death is unknown, the date the body
is found is considered the date of death, but only for purposes of this chapter. When a death
occurs in a moving conveyance and the body is first removed in Minnesota, documentation of
death must be filed in Minnesota and the place of death is considered the place where the body is
first removed from the conveyance.
History: 2006 c 260 art 8 s 5

390.02 [Repealed, 1965 c 761 s 8]

390.03 [Repealed, 1965 c 761 s 8]

390.04 PROVISION FOR TRANSFER OF JURISDICTION.
When the coroner or medical examiner, because of partiality, prejudice, consanguinity, or
interest, is not able to perform the coroner or medical examiner's duties, the coroner or medical
examiner shall have the authority to transfer jurisdiction to another coroner or medical examiner,
as arranged by the county board.
History: (945) RL s 586; 1985 c 265 art 7 s 1; 1Sp1986 c 3 art 1 s 82; 2006 c 260 art 8 s 6

390.05 MEDICAL EXAMINER OR CORONER STAFF.
The coroner or medical examiner may appoint one or more assistant coroners or assistant
medical examiners, as necessary to fulfill the duties of the office, subject to authorization by the
county board. Such assistants shall have the same qualifications as a coroner or medical examiner.
When the coroner or medical examiner is absent or unable to act, assistants shall have the same
powers and duties and are subject to the same limitations as the coroner or medical examiner.
The assistants shall be appointed in writing, shall take an oath that shall be recorded and filed
with the county recorder, and shall be included in the county bond. The assistant shall act by
name as assistant coroner or medical examiner and hold office at the pleasure of the coroner
or medical examiner.
A coroner or medical examiner may appoint one or more investigators, with such
qualifications as the coroner or medical examiner deems appropriate. Such investigators shall
have the powers and duties that are delegated to them by the coroner or medical examiner. Unless
they are public employees of that county, investigators shall be appointed in writing and take an
oath, shall be included in the county bond, and the oath and appointment shall be recorded and
filed with the county recorder. Subject to authorization of the county board, assistants may be
appointed to the unclassified service and investigators to the classified service of the county.
History: RL s 598; 1945 c 144 s 1; 1976 c 181 s 2; 1985 c 265 art 7 s 1; 1986 c 444; 1991 c
326 s 21; 2005 c 4 s 96; 2006 c 260 art 8 s 7

390.06 [Repealed, 2006 c 260 art 8 s 21]

390.061 MORGUE.
Every county need not have a morgue, but there must be a system or process for receiving,
storing, and releasing all dead bodies subject to this statute.
History: 2006 c 260 art 8 s 8

390.07 [Repealed, 2006 c 260 art 8 s 21]

390.08 [Repealed, 1969 c 79 s 11]

390.09 [Repealed, 1965 c 761 s 8]

390.10 [Repealed, 1965 c 761 s 8]

390.11 INVESTIGATIONS.
    Subdivision 1. Reports of death. All sudden or unexpected deaths and all deaths that may be
due entirely or in part to any factor other than natural disease processes must be promptly reported
to the coroner or medical examiner for evaluation. Sufficient information must be provided to the
coroner or medical examiner. Reportable deaths include, but are not limited to:
(1) unnatural deaths, including violent deaths arising from homicide, suicide, or accident;
(2) deaths due to a fire or associated with burns or chemical, electrical, or radiation injury;
(3) unexplained or unexpected perinatal and postpartum maternal deaths;
(4) deaths under suspicious, unusual, or unexpected circumstances;
(5) deaths of persons whose bodies are to be cremated or otherwise disposed of so that the
bodies will later be unavailable for examination;
(6) deaths of inmates of public institutions and persons in custody of law enforcement
officers who have not been hospitalized primarily for organic disease;
(7) deaths that occur during, in association with, or as the result of diagnostic, therapeutic, or
anesthetic procedures;
(8) deaths due to culpable neglect;
(9) stillbirths of 20 weeks or longer gestation unattended by a physician;
(10) sudden deaths of persons not affected by recognizable disease;
(11) unexpected deaths of persons notwithstanding a history of underlying disease;
(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 or
licensed residential hospice program;
(14) deaths of persons not seen by their physician within 120 days of demise;
(15) deaths of persons occurring in an emergency department;
(16) stillbirths or deaths of newborn infants in which there has been maternal use of or
exposure to unprescribed controlled substances including street drugs or in which there is history
or evidence of maternal trauma;
(17) unexpected deaths of children;
(18) solid organ donors;
(19) unidentified bodies;
(20) skeletonized remains;
(21) deaths occurring within 24 hours of arrival at a health care facility if death is unexpected;
(22) deaths associated with the decedent's employment;
(23) deaths of nonregistered hospice patients or patients in nonlicensed hospice programs;
and
(24) deaths attributable to acts of terrorism.
The coroner or medical examiner shall determine the extent of the coroner's or medical examiner's
investigation, including whether additional investigation is needed by the coroner or medical
examiner, jurisdiction is assumed, or an autopsy will be performed, notwithstanding any other
statute.
    Subd. 1a. Commissioner of corrections; investigation of deaths. For deaths occurring
within a facility licensed by the Department of Corrections, the coroner or medical examiner shall
ensure that a forensic pathologist who is certified by the American Board of Pathology reviews
each death and performs an autopsy on all unnatural, unattended, or unexpected deaths and
others as necessary.
    Subd. 1b. Hospice registration. Each coroner and medical examiner shall establish a
registration policy regarding hospice patients. If a hospice patient is determined to be properly
preregistered, the coroner or medical examiner may treat the death as attended by a physician.
    Subd. 2. Autopsies. The coroner or medical examiner may order an autopsy, at the coroner
or medical examiner's sole discretion, in the case of any human death referred to in subdivision 1,
when, in the judgment of the coroner or medical examiner the public interest would be served
by an autopsy. The 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 made
promptly and filed in the office of the coroner or medical examiner. When further investigation is
deemed advisable, a copy of the report shall be delivered to the county attorney. Every autopsy
performed pursuant to this subdivision shall, whenever practical, be performed in the county
morgue. Nothing herein shall require the coroner or medical examiner to order an autopsy upon
the body of a deceased person if the person died of known or ascertainable causes or had been
under the care of a licensed physician immediately prior to death or if the coroner or medical
examiner determines the autopsy to be unnecessary.
Autopsies performed pursuant to this subdivision may include the removal, retention, testing,
or use of organs, parts of organs, fluids or tissues, at the discretion of the coroner or medical
examiner, when removal, retention, testing, or use may be useful in determining or confirming
the cause of death, mechanism of death, manner of death, identification of the deceased,
presence of disease or injury, or preservation of evidence. Such tissue retained by the coroner or
medical examiner pursuant to this subdivision shall be disposed of in accordance with standard
biohazardous hospital or surgical material and does not require specific consent or notification of
the legal next of kin. When removal, retention, testing, and use of organs, parts of organs, fluids,
or tissues is deemed beneficial, and is done only for research or the advancement of medical
knowledge and progress, written consent or documented oral consent shall be obtained from the
legal next of kin, if any, of the deceased person prior to the removal, retention, testing, or use.
    Subd. 2a. Deaths caused by fire; autopsies. The coroner or medical examiner shall conduct
an autopsy or require that one be performed in the case of a death reported to the coroner or
medical examiner by the state fire marshal or a chief officer under section 299F.04, subdivision
5, and apparently caused by fire, and in which the decedent is pronounced dead outside of a
hospital or in which identification of the decedent has not been confirmed. If the decedent has
died in a hospital and identification is not in question, an autopsy may be performed or ordered
by the coroner or medical examiner.
    Subd. 3. Exhumation; disinterment. The coroner or medical examiner may exhume
any human body and perform an autopsy on it in the case of any human death referred to in
subdivision 1 when the coroner or medical examiner judges that the public interest requires an
autopsy. No exhumation shall be conducted unless the surviving legal next of kin consents to it,
or the district court of the county where the body is located or buried orders it. Notice of such
exhumation shall be given as directed by the district court. Application for an order may be made
by the coroner, medical examiner, or county attorney of the county where the body is located or
buried, and shall be granted upon a showing that the court deems appropriate.
    Subd. 4. Assistance of medical specialists. If during an investigation the coroner or medical
examiner believes the assistance of pathologists, toxicologists, laboratory technicians, or other
medical, scientific, or forensic experts is necessary to determine or confirm the cause or manner of
death, identification, time of death, or to address other issues requiring expert opinion, the coroner
or medical examiner may obtain their assistance.
    Subd. 5. Inquest. An inquest into a death may be held at the request of the medical examiner
and the county attorney or the coroner and the county attorney. An inquest is optional and the
coroner or medical examiner may investigate and certify a death without one. The coroner or
medical examiner and county attorney may decide how to empanel the inquest. Inquest records
will be made public, but the record and report of the inquest proceedings may not be used in
evidence in any civil action arising out of the death for which an inquest was ordered. Whenever
the decision is made to hold an inquest, the county attorney may issue subpoenas for witnesses
and enforce their attendance. The persons served with subpoenas shall be allowed the same
compensation and be subject to the same enforcement and penalties as provided by Rule 22 of
the Minnesota Rules of Criminal Procedure.
    Subd. 6. Records kept by coroner or medical examiner. The coroner or medical examiner
shall keep full and complete records, properly indexed, giving the name, if known, of every
person whose death is investigated, the place where the body was found, the date, cause, and
manner of death, and all other available information concerning the death that the coroner or
medical examiner considers pertinent. These records of the coroner or medical examiner are the
property of the county and subject to chapter 13. These records shall be kept at the coroner's or
medical examiner's office, unless no storage space is available. They shall then be kept with
official county records and only released in accordance with the Data Practices Act. Records
shall be kept in accordance with section 15.17.
    Subd. 7. Duty to report. Deaths of the types described in this section must be promptly
reported for investigation to the coroner or medical examiner and, when appropriate, to the law
enforcement agency with jurisdiction, by the law enforcement officer, attending physician, health
care professional, mortician or funeral director, person in charge of the public institutions referred
to in subdivision 1, or anyone who discovers a deceased person. In a case in which a crime may
be involved, the coroner or medical examiner shall promptly notify the law enforcement agency
with jurisdiction over a criminal investigation of the death.
    Subd. 7a. Records and other material available to coroner or medical examiner. Except
for health data defined in section 13.3805, subdivision 1, paragraph (a), clause (2), health-related
records or data on a decedent whose death is being investigated under this section shall be made
promptly available to the coroner or medical examiner, upon the coroner's or medical examiner's
written request, by any person, agency, entity, or organization having custody of, possession
of, access to, or knowledge of the records or data. This provision includes records and data,
whether recorded or unrecorded, including but not limited to, records and data, including medical
imaging, concerning medical, surgical, psychiatric, psychological, chemical dependency, or any
other consultation, diagnosis, or treatment. In cases involving a stillborn infant or the death of a
fetus or infant less than one year of age, the prenatal records on the decedent's mother may
also be subpoenaed by the coroner or medical examiner. The coroner or medical examiner
shall pay the reasonable costs of copies of records or data so provided 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 coroner's or
medical examiner's final summary report may contain a summary of, or references to, such data.
Where records of a decedent become part of the medical examiner's or coroner's file, they are not
subject to subpoena or a request for production directed to the medical examiner or coroner. Body
fluids, slides, tissue, organ specimens, radiographs, monitor records, video or other recordings,
and any other material or article of diagnostic value obtained from the decedent prior to death
shall be made available to the coroner or medical examiner upon request. Notwithstanding the
provisions of sections 13.384 and 595.02, the coroner or medical examiner shall have the power
to subpoena any and all documents, records, including medical records, and papers deemed
useful in the investigation of a death.
    Subd. 7b. Records released by coroner or medical examiner. Records and reports,
including those of autopsies performed, generated, and certified by the coroner or medical
examiner shall be admissible as evidence in any court or grand jury proceeding. The admissibility
of such evidence under this subdivision shall not include statements made by witnesses or other
persons unless otherwise admissible.
    Subd. 8. Investigation procedure; coroner or medical examiner in charge of body. Upon
notification of the death of any person as defined in this section, the coroner or medical examiner
staff or their designee may proceed to the body, take charge of it, and arrange for transfer of it,
when appropriate. This provision also applies to bones, body parts, and specimens that may be
human remains. Discovery of such bones, body parts, and specimens must be promptly reported
to the coroner or medical examiner. When necessary, the coroner or medical examiner staff, in
coordination with the applicable law enforcement agency, may order that there be no interference
with or compromise of the body or the scene of death. In the event a person is transported
to an emergency vehicle or facility and pronounced dead, the scene of death shall include the
original location of the decedent when first discovered to be ill, unresponsive, or stricken prior
to removal by emergency medical personnel. Any person violating such an order is guilty of a
gross misdemeanor. The coroner or medical examiner staff shall make inquiry regarding the cause
and manner of death and, in cases that fall under the medical examiner's or coroner's jurisdiction,
prepare written findings together with the report of death and its circumstances, which shall be
filed in the office of the coroner or medical examiner.
    Subd. 9. Criminal act report. The coroner or medical examiner shall deliver to the county
attorney copies of reports or other information created by the coroner's or medical examiner's
office in any cases of a potential criminal nature.
    Subd. 10. Infant death. If a child under the age of two years dies suddenly and unexpectedly,
the parents or guardian of the child shall be promptly notified of the availability of counseling
services.
    Subd. 11.[Repealed by amendment, 2006 c 260 art 8 s 9]
    Subd. 12. Authorized removal of brain. If the coroner or medical examiner is informed by
a physician that a decedent is suspected of having had Alzheimer's disease, the coroner or medical
examiner may authorize the removal of the brain for the purposes of sections 145.131 and 145.132.
History: (946) RL s 587; 1945 c 529 s 1; 1965 c 761 s 2; 1984 c 637 s 3; 1985 c 265 art 7 s
1; 1Sp1985 c 9 art 2 s 90,91; 1986 c 444; 1991 c 319 s 19; 1993 c 326 art 5 s 4; 1998 c 367 art 9
s 16; 1999 c 227 s 22; 2001 c 210 s 18,19; 2006 c 260 art 8 s 9

390.111 EXPENSES AND COMPENSATION.
The county board is responsible for the reasonable and necessary compensation and expenses
of the coroner or medical examiner, assistants, investigators, and other medical specialists.
History: 1965 c 761 s 5; 1985 c 265 art 7 s 1; 2006 c 260 art 8 s 10

390.12 [Repealed, 1965 c 761 s 8]

390.13 [Repealed, 1965 c 761 s 8]

390.14 [Repealed, 1965 c 761 s 8]

390.15 FEES.
The coroner or medical examiner may charge a fee for cremation approval, duplication of
reports, and other administrative functions to recover reasonable expenses, subject to county
board approval.
History: (950) RL s 591; 1983 c 359 s 56; 1985 c 265 art 7 s 1; 2006 c 260 art 8 s 11

390.151 ORGAN AND TISSUE DONATION.
The coroner or medical examiner may facilitate donation of organs and tissues in compliance
with the Uniform Anatomical Gift Act, sections 525.921 to 525.9224.
History: 2006 c 260 art 8 s 12

390.152 CREMATION APPROVAL.
After investigating deaths of persons who are to be cremated, the coroner or medical
examiner may give approval for cremation and shall record such approval by either signing a
cremation authorization form or electronically through the centralized electronic system for
the processing of death records established by the state registrar. It shall be a misdemeanor to
perform a cremation without such approval.
History: 2006 c 260 art 8 s 13

390.16 [Repealed, 2006 c 260 art 8 s 21]

390.17 [Repealed, 2006 c 260 art 8 s 21]

390.18 [Repealed, 1965 c 761 s 8]

390.19 [Repealed, 2006 c 260 art 8 s 21]

390.20 [Repealed, 2006 c 260 art 8 s 21]
NOTE: This section was also amended by Laws 2006, chapter 260, article 5, section 11, to
read as follows:
"390.20 PERSON CHARGED ARRESTED.
If any person charged by the inquest with having committed the offense is not in custody,
the coroner shall have the same power as a district court judge to issue process for the person's
apprehension. The warrant shall be returnable before any court having jurisdiction in the case and
the court shall proceed as in similar cases."

390.21 DISPOSITION; BURIAL.
After an investigation has been completed, including an autopsy if one is done, the body
shall be released promptly to the person or persons who have the right to control the disposition of
the body. Section 149A.80, subdivision 2, shall control. If the identity of the deceased person is
unknown, or if the body is unclaimed, the medical examiner or coroner shall provide for dignified
burial or storage of the remains. Dignified burial shall not include cremation, donation for
anatomic dissection, burial at sea, or other disposition that will make the body later unavailable.
The county where the dead body is found shall pay reasonable expenses of the burial. If an
estate is opened within six years and claim made for the property or proceeds of the sale of
the property of the decedent, the county shall be reimbursed the amount spent on burial, with
interest at the statutory rate.
History: (956) RL s 597; 1985 c 265 art 7 s 1; 2006 c 260 art 8 s 14

390.22 [Repealed, 1975 c 39 s 1]

390.221 BODIES; EFFECTS; CUSTODY.
A person may not move, interfere with, or handle the body or the effects of a decedent subject
to an investigation by the coroner or medical examiner except upon order of the coroner, medical
examiner, assistant, or authorized investigator. The coroner or medical examiner shall take charge
of the effects found on or near the body of a deceased person and dispose of them as directed
under section 390.225. If a crime is suspected in connection with the death of a deceased person,
the coroner or medical examiner may prevent any person, except law enforcement personnel,
from entering the premises, rooms, or buildings, and shall have the custody of objects that the
coroner or examiner deems material evidence in the case. The coroner or medical examiner shall
release any property or articles needed for any criminal investigation to law enforcement officers
conducting the investigation, except as noted in section 390.225, subdivision 2. A knowing
violation of this section is a gross misdemeanor.
History: 1980 c 509 s 147; 1985 c 265 art 7 s 1; 1986 c 444; 1995 c 189 s 8; 1996 c 277
s 1; 2006 c 260 art 8 s 15

390.225 PROPERTY.
    Subdivision 1. Procedure. The coroner or medical examiner may take possession of all
articles that may be useful in establishing the cause or manner of death, identification, or next of
kin of the deceased, and, if taken, mark them for identification, make an inventory, and retain
them securely until they are no longer needed for evidence or investigation. Except as noted in
subdivision 2, the coroner or medical examiner shall release any property or articles needed for
any criminal investigation to law enforcement officers conducting the investigation.
    Subd. 2. Retention of property. When a reasonable basis exists for not releasing property
or articles to law enforcement officers, the coroner or medical 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 coroner or medical examiner may retain them. The coroner or medical
examiner shall obtain written confirmation of this opinion and keep a copy in the decedent's file.
    Subd. 3. Release of property. With the exception of firearms, when property or articles are
no longer needed for the investigation or as evidence, the coroner or medical examiner shall
release such property or articles to the person or persons entitled to them. Personal property,
including wearing apparel, may be released to the person entitled to control the disposition of
the body of the decedent or to the personal representative of the decedent. Personal property not
otherwise released pursuant to this subdivision must be disposed of pursuant to section 525.393.
    Subd. 4. Firearms. The coroner or medical examiner shall release all firearms, when no
longer needed, to the law enforcement agency handling the investigation.
    Subd. 5. Property of unknown decedents. If the name of the decedent is not known, the
coroner or medical examiner shall release such property to the county for disposal or sale. If the
unknown decedent's identity is established and if a representative shall qualify within six years
from the time of such sale, the county administrator, or a designee, shall pay the amount of
the proceeds of the sale to the representative on behalf of the estate 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.
History: 2006 c 260 art 8 s 16

390.23 DEATH RECORDS.
No person, other than the county coroner or medical examiner or, for deaths occurring within
a facility licensed by the Department of Corrections, the forensic pathologist who reviewed the
death, shall file or amend the cause or manner of death information with the state registrar in cases
of likely or suspected accidental, suicidal, homicidal, violent, or mysterious deaths occurring in
the county. The forensic pathologist who reviewed the death of an incarcerated person within a
facility licensed by the Department of Corrections may file or amend the cause or manner of death
information with the state registrar. If there is reasonable proof that a death has occurred, but no
body has been found, a judge may direct the state registrar to register the death with the fact of
death information provided by the court order according to section 144.221, subdivision 3.
History: (957-2) 1927 c 201 s 2; 1980 c 509 s 148; 1985 c 265 art 7 s 1; 1995 c 189 s 8;
1996 c 277 s 1; 1Sp2001 c 9 art 15 s 32; 2003 c 27 s 1; 2006 c 260 art 8 s 17

390.24 [Repealed, 2006 c 260 art 8 s 21]

390.25 UNIDENTIFIED DECEASED PERSONS.
    Subdivision 1. Attempts to identify. The coroner or medical examiner shall make reasonable
attempts to identify the deceased person promptly. These actions may include obtaining:
photographs of the body; fingerprints from the body, if possible; formal dental examination by a
dentist with forensic training, with charting and radiographs; full body radiographs; specimens
such as tissue, blood, bone, teeth, and/or hair, suitable for DNA analysis or other identification
techniques; blood type; photographs of items such as clothing and property found on and with the
body; and anthropological determination of age, race, sex, and stature, if appropriate. All of these
actions shall be taken prior to the disposition of any unidentified deceased person.
    Subd. 2. Report to BCA. After 60 days, the coroner or medical examiner shall provide to
the Bureau of Criminal Apprehension missing persons clearinghouse information to be entered
into federal and state databases that can aid in the identification, including the National Crime
Information Center database. The coroner or medical examiner shall provide to the Bureau of
Criminal Apprehension specimens suitable for DNA analysis. DNA profiles and information shall
be entered by the Bureau of Criminal Apprehension into federal and state DNA databases within
five business days after the completion of the DNA analysis and procedures necessary for the
entry of the DNA profile.
    Subd. 3. Other efforts to identify. Nothing in this section shall be interpreted to preclude
any medical examiner or coroner from pursuing other efforts to identify unidentified deceased
persons, including publicizing information, descriptions, or photographs that may aid in the
identification, allowing family members to identify missing persons, and seeking to protect
the dignity of the missing persons.
    Subd. 4. Preservation of data. The coroner or medical examiner may preserve and
retain photographs, specimens, documents, and other data such as dental records, radiographs,
fingerprints, or DNA, for establishing or confirming the identification of bodies or for other
forensic purposes deemed appropriate under the jurisdiction of the office. Upon request by an
appropriate agency, or upon the coroner or medical examiner's own initiative, the coroner or
medical examiner may make the information available to aid in the establishment of the identity
of a deceased person.
    Subd. 5. Notice to state archaeologist. After the coroner or medical examiner has completed
the investigation, the coroner or medical examiner shall notify the state archaeologist, according
to section 307.08, of all unidentified human remains found outside of platted, recorded, or
identified cemeteries and in contexts which indicate antiquity of greater than 50 years.
History: 1955 c 268 s 1,2; 1985 c 265 art 7 s 1; 2006 c 260 art 8 s 18

390.251 REQUEST FOR EXAMINATIONS.
The coroner or 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 county
attorney, law enforcement agency, or publicly appointed criminal defense counsel, and shall
deliver a copy of a report of such tests and examinations to the person making the request. Such
an examination does not establish a doctor-patient relationship. The person making the request
shall pay the cost of such examinations and tests.
History: 2006 c 260 art 8 s 19

390.252 CONTRACTS FOR SERVICES.
A county board may contract to perform coroner or medical examiner services with other
units of government or their agencies under a schedule of fees approved by that board.
History: 2006 c 260 art 8 s 20

390.26 [Repealed, 1996 c 310 s 1]

390.31 SIMPLIFIED INVESTIGATIONS OF DEATH.
    Subdivision 1. Purpose. Sections 390.31 to 390.35 provide a simplified system for the
investigation of the death of any person when the county attorney determines that an investigation
is necessary and provide for professional assistance to those making the investigation. It is
declared to be in the public interest for medical doctors to conduct the medical investigations
deemed necessary under the supervision of the county attorney and, if a trial is deemed necessary,
that it be held in a court of record.
    Subd. 2. Jury fees. Each juror sworn in an action pending before a sheriff on a writ of inquiry
shall receive $3 to be paid, in the first instance in all civil actions, by the party calling for the jurors.
    Subd. 3. Disqualification of sheriff. When the sheriff is a party to an action or when any
party, or the party's agent or attorney, files with the court administrator of the district court an
affidavit stating that the party believes the sheriff, because of partiality, prejudice, consanguinity,
or interest, will not faithfully perform the sheriff's duties in an action commenced, or about to be
commenced, the court administrator shall direct process in the action to the county attorney. The
attorney shall perform the duties of the sheriff relative to the action in the manner required for
a sheriff.
History: 1971 c 367 s 1; 1983 c 359 s 58; 1985 c 265 art 7 s 1; 1Sp1986 c 3 art 1 s 82

390.32 AUTHORITY TO CONDUCT PROCEEDINGS.
    Subdivision 1. Deaths requiring investigations and inquests. The sheriff shall investigate
and may recommend to the medical examiner and the county attorney the conduct of inquests and
autopsies in all human deaths of the following types:
(1) violent deaths, whether apparently homicidal, suicidal, or accidental, including but
not limited to deaths due to thermal, chemical, electrical, or radiational injury, and deaths due
to criminal abortion, whether apparently self induced or not;
(2) deaths under unusual or mysterious circumstances;
(3) deaths of persons whose bodies are to be cremated, dissected, buried at sea, or otherwise
disposed of so that the bodies will later be unavailable for examination; and
(4) deaths of inmates of public institutions who are not hospitalized for organic disease and
whose deaths are not of any type referred to in clause (1) or (2).
The sheriff shall report all such deaths to the medical examiner and the county attorney.
    Subd. 2. Violent or mysterious deaths; autopsies. The medical examiner may conduct an
autopsy in the case of any human death of any type referred to in subdivision 1, clause (1) or (2),
when in the judgment of the medical examiner the public interest requires an autopsy.
    Subd. 2a. Deaths caused by fire; autopsies. The medical examiner shall conduct an autopsy
in the case of any human death reported to the medical examiner by the state fire marshal or a
chief officer under section 299F.04, subdivision 5, and apparently caused by fire.
    Subd. 3. Other deaths; autopsies; exhumation consent. The medical examiner may
conduct an autopsy in the case of any human death of any type referred to in subdivision 1, clause
(3) or (4), or may exhume any human body and perform an autopsy in the case of any human
death of any type referred to in subdivision 1 when in the judgment of the medical examiner the
public interest requires an autopsy. No such autopsy shall be conducted unless the surviving
spouse, or next of kin if there is no surviving spouse, consents, or unless the district court of the
county where the body is located or buried, upon notice as the court directs, enters its order
authorizing an autopsy or an exhumation and autopsy. Application for an order may be made by
the medical examiner or the county attorney of the county where the body is located or buried,
upon a showing that the court deems appropriate.
    Subd. 4. Assistance of medical specialists. If the medical examiner finds it advisable to
engage the services of medical specialists, including pathologists and toxicologists, the medical
examiner shall apply to the judge exercising probate jurisdiction for authorization. If the medical
examiner shows reasonable cause, the judge shall authorize the medical examiner to engage
medical specialists and provide for payment of their fees and expenses. The costs of the services
shall be paid by the county treasurer upon receipt of a certificate from the judge exercising
probate jurisdiction.
    Subd. 5. Records of investigation. The sheriff shall keep properly indexed records giving the
name, if known, of every person whose death is investigated, the place where the body was found,
the date, cause, and manner of death, and all other relevant information concerning the death.
    Subd. 6. Report of deaths. (a) Deaths of the types described in this section must be promptly
reported for investigation to the sheriff by the attending physician, mortician, person in charge of
the public institutions referred to in subdivision 1, or other person having knowledge of the death.
(b) For the purposes of this section, health-related records or data on a decedent, except
health data as defined in section 13.3805, subdivision 1, 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, 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.
    Subd. 7. Custody of body. Upon notification of a death subject to this section, the sheriff or
deputy shall proceed to the body, take charge of it, and, when necessary, order that there be no
interference with the body or the scene of death.
    Subd. 8. Report of investigation. The sheriff shall deliver a signed copy of the report of
investigation to the county attorney and the medical examiner.
    Subd. 9. Inquest procedure. If the county attorney elects to conduct an inquest, the county
attorney shall promptly notify the judge of the need for an inquest and make all arrangements for
it. At the inquest, the judge shall preside and the county attorney shall conduct the inquest on
behalf of the state. Upon conclusion of the inquest, the judge shall find the cause of death and sign
and file a death record. The judge, upon application of the county attorney, may issue subpoenas
for witnesses in the manner provided by section 390.15 and the judge shall administer the oath to
them in the manner provided by section 390.16.
    Subd. 10. No inquest conducted. If the county attorney elects not to conduct an inquest,
the county attorney shall inform the medical examiner who shall find the cause of death and
sign and file a death record.
    Subd. 11. Commissioner of corrections; investigation of deaths. The commissioner of
corrections may require that all department-of-corrections-incarcerated deaths be reviewed by an
independent, contracted, board-certified forensic pathologist.
History: 1971 c 367 s 2; 1985 c 265 art 7 s 1; 1991 c 319 s 20; 1993 c 326 art 5 s 5; 1995 c
189 s 8; 1996 c 277 s 1; 2001 c 210 s 20; 1Sp2001 c 9 art 15 s 32

390.33 APPOINTMENT OF MEDICAL EXAMINER; INQUEST.
    Subdivision 1. Medical examiner appointment. A county board shall appoint as permanent
county medical examiner a doctor of medicine or osteopathy licensed to practice pursuant to
chapter 147, or similar laws in any other state. A county medical examiner shall perform the
duties imposed upon medical examiners by sections 390.31 to 390.35 and serve at the pleasure of
the county board. The county board shall pay the medical examiner a salary to be determined
by the board and provide for the payment of the medical examiner's expenses incurred in the
performance of duties.
    Subd. 2. Subpoena power. The judge exercising probate jurisdiction may issue subpoenas
for witnesses, returnable immediately or at a time and place the judge directs. The persons served
with subpoenas shall be allowed the same fees, the sheriff shall enforce their attendance in the
same manner, and they shall be subject to the same penalties as if they had been served with a
subpoena in behalf of the state in a criminal case before a district court judge.
    Subd. 3. Oath. The following oath shall be administered to the witnesses by the judge: "Do
you solemnly swear that the evidence you shall give to this inquest concerning the death under
investigation shall be the whole truth and nothing but the truth, so help you God?"
    Subd. 4. Proceeding records. The testimony of the inquest and all records of the proceedings
before the judge exercising probate jurisdiction must be kept as a permanent record of the court.
The record or any portion of it must be transcribed upon order of the court or upon the request of
any witness who shall pay the county treasurer the cost of the transcript or portion of it determined
by the judge. The record of the inquest proceedings and the report may not be used in evidence in
a civil action arising out of the death for which the inquest was ordered.
    Subd. 5. Witnesses. If the judge finds that murder, manslaughter, or assault has been
committed, the judge shall hold over by recognizance any witnesses the judge thinks proper to
appear and testify at the next term of the district court at which indictment for the offense can be
found. The judge shall return to the court the inquisition, written evidence, and all recognizances
and examinations taken, and may commit to the county jail any witness who refuses to recognize
as the judge directs.
    Subd. 6. Warrants. If a person charged by the inquest as having committed the offense is
not in custody, the judge may issue process for apprehension of the person. The warrant must
be made returnable before any court having jurisdiction in the case. The court shall proceed in
the same manner as in similar cases.
    Subd. 7.[Repealed, 1980 c 509 s 149]
    Subd. 8. Fingerprints; identification data. Each sheriff shall have fingerprinted all deceased
persons in the county whose identity is not immediately established. Within 24 hours, the sheriff
shall forward the fingerprints, fingerprint records, and other identification data to the Bureau of
Criminal Apprehension. The superintendent of the bureau shall prescribe the form of these reports.
    Subd. 9. Coroner duties transfer to medical examiner. Any duty of the coroner imposed
by law prior to May 18, 1971, and not transferred by sections 390.31 to 390.35 or some other
provision of law is transferred to the medical examiner of the county in which the coroner was
elected or appointed.
History: 1971 c 367 s 3; 1983 c 359 s 59,60; 1985 c 265 art 7 s 1; 1995 c 189 s 8; 1996 c
277 s 1; 2006 c 260 art 5 s 12

390.34 WHEN SECTIONS 390.31 TO 390.35 DO NOT APPLY.
Sections 390.31 to 390.35 do not apply in a county in which there is a person whom the
county board deems qualified who will agree to seek election to the office of coroner or, in a
county where the coroner is appointed, a person who will accept appointment. Sections 390.31 to
390.35 are not effective in any county until they have been approved by its county board.
History: 1971 c 367 s 4; 1985 c 265 art 7 s 1

390.35 ELECTION TO FOLLOW SIMPLIFIED INVESTIGATION.
Sections 390.31 to 390.35 apply only to counties in which the county board elects to be
bound by them in lieu of other law relating to coroners. In a county in which sections 390.31 to
390.35 apply, the county board may by resolution resume death investigations under sections
390.005 to 390.25. The board shall then fill the office of coroner as provided by section 390.005.
History: 1971 c 367 s 5; 1983 c 114 s 2; 1985 c 265 art 7 s 1; 1997 c 7 art 1 s 134

390.36 [Repealed, 2006 c 260 art 8 s 21]