HB 1503-1_ Filed 04/28/2007, 11:56
Adopted 4/28/2007
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1503
Citations Affected: IC 16-35-7; IC 16-37-1-9; IC 25-22.5-2-7; IC 31-33; IC 36-2-14.
Synopsis: Child deaths and coroners. Conference committee report for EHB 1503. Requires
the state department of health to adopt rules for hospitals and physicians to identify suspicious
deaths of children. Provides that the medical licensing board may certify certain physicians as
a child death pathologist. Provides that the medical licensing board may approve an annual
training program for pathologists concerning procedures for child death investigations. Requires
a hospital, physician, coroner, or mental health professional to provide certain records requested
by a local child fatality review team or the statewide child fatality review committee. Provides
that a pathologist appointed to a local child fatality review team or the statewide child fatality
review committee shall be certified in forensic pathology. Provides that data collected regarding
an investigation by a local child fatality review team or the statewide child fatality review
committee shall be provided to the appropriate coroner or pathologist who performed an autopsy.
Requires a child death pathologist (CCDP) to: (1) consult with the coroner; (2) conduct certain
autopsies; and (3) perform certain duties. Requires a coroner to notify a local child fatality review
team or the statewide child fatality review committee of: (1) certain deaths of children; and (2)
a possible SIDS death. Provides procedures to be followed if a coroner and a CCDP do not agree
on whether an autopsy of a person less than 18 years of age is necessary. Increases the coroners
continuing education fee to $1.75 and raises the fee by $0.25 in 2013 and every five years
thereafter. Provides that a coroner shall file a certificate of death with a county health department
within a specified time frame. Removes a provision allowing a coroner to employ the services
of the medical examiner system. Provides that a parent or guardian of a child who died shall
receive a copy of the autopsy report upon request. Provides that an autopsy report provided to
the department of child services, a local child fatality review team, or the statewide child fatality
review team is confidential. Provides that if a local child fatality review team or the statewide
child fatality review committee requests certain records from a hospital, physician, coroner, or
mental health professional, the requested records are subject to laws concerning privileged
communications of health care provider peer review committees. Provides that, upon request,
a hospital shall provide to a coroner a blood or tissue sample of an individual who is admitted
or was admitted to the hospital and on whom the coroner performs a death investigation.
Removes requirement that a coroner shall request the state police to ensure that persons entering
certain data into certain databases have appropriate training to understand the information being
entered. Requires a coroner to follow the Uniform Anatomical Gift Act concerning organ and
tissue procurement. Changes knowingly or intentionally failing to notify a coroner or law
enforcement agency of the discovery of the body of a person who died from violence or in an
apparently suspicious, unusual, or unnatural manner from a Class B infraction to a Class A
misdemeanor if it is done with intent to hinder a criminal investigation. Makes it a Class D felony
for a person, with intent to hinder a criminal investigation and without the permission of a
coroner or a law enforcement officer, to knowingly or intentionally alter the scene of death of a
person who has died from violence or in an apparently suspicious, unusual, or unnatural manner.
(Current law provides that it is a Class D felony if a person moves or transports the body.) Makes
it a Class B infraction for a person to knowingly or intentionally fail to notify a coroner or law
enforcement agency of the discovery of the body of a child less than 3 years old who has died.
Makes conforming amendments. Repeals provisions: (1) allowing a coroner to issue a warrant
for the arrest of an individual whom the coroner is charging with a felony; and (2) requiring a
coroner or a coroner's representative to attend meetings of the commission on forensic sciences
when invited. (This conference committee report: (1) provides that the medical licensing
board may certify child death pathologists, including certain physicians certified by the
American Board of Pathology or another certifying organization; (2) removes language
providing that a forensic pathologist is considered qualified as a child death pathologist;
(3) removes language allowing a local child fatality review team or the statewide child
fatality review team to subpoena certain documents and instead requires a hospital,
physician, coroner, or mental health professional to provide certain documents requested
by a local child fatality review team or the statewide child fatality review committee; (4)
removes language requiring a coroner to obtain court approval to make an autopsy report
confidential; (5) allows a parent or guardian of a child who died to receive a copy of the
autopsy report upon request; (6) provides that an autopsy report provided to the
department of child services, a local child fatality review team, or the statewide child
fatality review committee is confidential; (7) specifies the certification necessary to be a
child death pathologist; (8) provides that a pathologist appointed to a local child fatality
review team or the statewide child fatality review committee shall be certified in forensic
pathology; (9) provides that data collected regarding an investigation by a local child
fatality review team or the statewide child fatality review committee shall be provided to
the appropriate coroner or pathologist who performed an autopsy; (10) provides that a
person who fails to immediately notify a coroner or law enforcement of the discovery of a
child less than 3 years of age commits a Class B infraction; (11) provides that the medical
licensing board shall consult with certain pathologists regarding annual training programs
for pathologists; (12) provides that if a local child fatality review team or the statewide
child fatality review committee requests certain records from a hospital, physician,
coroner, or mental health professional, the requested records are subject to laws
concerning privileged communications of health care provider peer review committees;
(13) provides that, upon request, a hospital shall provide to a coroner a blood or tissue
sample of an individual who is admitted or was admitted to the hospital and on whom the
coroner performs a death investigation; and (14) removes language from HEA 1306
concerning the requirement that a coroner shall request the state police to ensure that
person entering certain data into certain databases have appropriate training to
understand the information being entered.)
Effective: July 1, 2007.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1503 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 16-35-7; (07)CC150304.1. -->
SECTION 1. IC 16-35-7 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Chapter 7. Deaths of Children
Sec. 1. The state department may receive funds from any source
and expend the funds for the administration of this chapter.
Sec. 2. The state department shall adopt rules under IC 4-22-2
requiring hospitals and physicians to identify suspicious deaths of
children who are less than eighteen (18) years of age.
Sec. 3. (a) The medical licensing board may adopt rules under
IC 4-22-2 to certify a child death pathologist and to require special
training to conduct autopsies on child fatalities.
(b) A child death pathologist must be a physician:
(1) who is certified by the American Board of Pathology in
forensic pathology;
(2) who is certified in anatomic pathology by:
(A) the American Board of Pathology; or
(B) another certifying organization that:
(i) is comparable to the American Board of Pathology in
its adherence to nationally or internationally recognized
certification standards; and
(ii) has been approved and recognized by the medical
licensing board;
and has received special training in the area of child fatalities
that has been approved by the medical licensing board; or
(3) who has received certification in the area of forensic
pathology or child death pathology by a certifying
organization that:
(A) is comparable to the American Board of Pathology in
its adherence to nationally or internationally recognized
certification standards; and
(B) that has been approved and recognized by the medical
licensing board.
(c) The medical licensing board may approve an annual training
program or provide a training program for pathologists
concerning new procedures for child death investigations for
physicians who want to become child death pathologists under
subsection (b)(2). In approving or providing a training program,
the medical licensing board shall consult and coordinate with
pathologists who have received:
(1) certification in forensic pathology by the American Board
of Pathology; or
(2) a comparable certification in forensic pathology.
SOURCE: IC 16-37-1-9; (07)CC150304.2. -->
SECTION 2. IC 16-37-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. (a) A local health
department may make a charge under IC 16-20-1-27 for each certificate
of birth, death, or stillbirth registration.
(b) If the local department of health makes a charge for a certificate
of death under subsection (a), a one dollar ($1) the coroners continuing
education fee described in subsection (d) must be added to the rate
established under IC 16-20-1-27. The local department of health shall
deposit any coroners continuing education fees with the county auditor
within thirty (30) days after collection. The county auditor shall
transfer semiannually any coroners continuing education fees to the
treasurer of state.
(c) Notwithstanding IC 16-20-1-27, a charge may not be made for
furnishing a certificate of birth, death, or stillbirth registration to a
person or to a member of the family of a person who needs the
certificate for one (1) of the following purposes:
(1) To establish the person's age or the dependency of a member
of the person's family in connection with:
(A) the person's service in the armed forces of the United
States; or
(B) a death pension or disability pension of a person who is
serving or has served in the armed forces of the United States.
(2) To establish or to verify the age of a child in school who
desires to secure a work permit.
(d) The coroners continuing education fee is:
(1) one dollar and seventy-five cents ($1.75) after June 30,
2007, and before July 1, 2013;
(2) two dollars ($2) after June 30, 2013, and before July 1,
2018;
(3) two dollars and twenty-five cents ($2.25) after June 30,
2018, and before July 1, 2023;
(4) two dollars and fifty cents ($2.50) after June 30, 2023, and
before July 1, 2028;
(5) two dollars and seventy-five cents ($2.75) after June 30,
2028, and before July 1, 2033;
(6) three dollars ($3) after June 30, 2033, and before July 1,
2038;
(7) three dollars and twenty-five cents ($3.25) after June 30,
2038, and before July 1, 2043; and
(8) three dollars and fifty cents ($3.50) after June 30, 2043.
SOURCE: IC 25-22.5-2-7; (07)CC150304.3. -->
SECTION 3. IC 25-22.5-2-7, AS AMENDED BY P.L.1-2006,
SECTION 447, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7. (a) The board shall do the
following:
(1) Adopt rules and forms necessary to implement this article that
concern, but are not limited to, the following areas:
(A) Qualification by education, residence, citizenship,
training, and character for admission to an examination for
licensure or by endorsement for licensure.
(B) The examination for licensure.
(C) The license or permit.
(D) Fees for examination, permit, licensure, and registration.
(E) Reinstatement of licenses and permits.
(F) Payment of costs in disciplinary proceedings conducted by
the board.
(2) Administer oaths in matters relating to the discharge of its
official duties.
(3) Enforce this article and assign to the personnel of the agency
duties as may be necessary in the discharge of the board's duty.
(4) Maintain, through the agency, full and complete records of all
applicants for licensure or permit and of all licenses and permits
issued.
(5) Make available, upon request, the complete schedule of
minimum requirements for licensure or permit.
(6) Issue, at the board's discretion, a temporary permit to an
applicant for the interim from the date of application until the
next regular meeting of the board.
(7) Issue an unlimited license, a limited license, or a temporary
medical permit, depending upon the qualifications of the
applicant, to any applicant who successfully fulfills all of the
requirements of this article.
(8) Adopt rules establishing standards for the competent practice
of medicine, osteopathic medicine, or any other form of practice
regulated by a limited license or permit issued under this article.
(9) Adopt rules regarding the appropriate prescribing of Schedule
III or Schedule IV controlled substances for the purpose of weight
reduction or to control obesity.
(10) Adopt rules establishing standards for office based
procedures that require moderate sedation, deep sedation, or
general anesthesia.
(b) The board may adopt rules that establish:
(1) certification requirements for child death pathologists;
(2) an annual training program for child death pathologists
under IC 16-35-7-3(b)(2); and
(3) a process to certify a qualified child death pathologist.
SOURCE: IC 31-33-24-7; (07)CC150304.4. -->
SECTION 4. IC 31-33-24-7, AS ADDED BY P.L.145-2006,
SECTION 287, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7. (a) A child fatality review
consists of determining:
(1) whether similar future deaths could be prevented; and
(2) agencies or resources that should be involved to adequately
prevent future deaths of children.
(b) In conducting the child fatality review under subsection (a), the
local child fatality review team shall review every record concerning
the deceased child that is held by the department.
(c) If a local child fatality review team requests records from a
hospital, physician, coroner, or mental health professional
regarding a death that the local child fatality review team is
investigating, the hospital, physician, coroner, or mental health
professional shall provide the requested records, subject to
IC 34-30-15, to the child fatality review team.
SOURCE: IC 31-33-24-9; (07)CC150304.5. -->
SECTION 5. IC 31-33-24-9, AS ADDED BY P.L.145-2006,
SECTION 287, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 9. (a) A local child fatality review
team consists of the following members:
(1) A coroner or deputy coroner from the area served by the local
child fatality review team.
(2) A representative from:
(A) the health and hospital corporation of Marion County as
set forth in IC 16-22-8;
(B) a local health department established under IC 16-20-2; or
(C) a multiple county health department established under
IC 16-20-3;
from the area served by the local child fatality review team.
(3) A physician residing or practicing medicine in the area served
by the local child fatality review team.
(4) A representative of law enforcement from the area served by
the local child fatality review team.
(5) A representative from an emergency medical services provider
doing business in the area served by the local child fatality review
team.
(6) A director or manager of a local or regional office of the
department from the area served by the local child fatality review
team.
(7) A representative of the prosecuting attorney from the area
served by the local child fatality review team.
(8) A pathologist with forensic experience who is licensed to
practice medicine in Indiana
and who, if feasible, is certified by
the American Board of Pathology in forensic pathology.
(9) A representative from a fire department or volunteer fire
department (as defined in IC 36-8-12-2) from the area served by
the local child fatality review team.
(b) If a local child fatality review team is established in one (1)
county, the legislative body that voted to establish the local child
fatality review team under section 6 of this chapter shall:
(1) adopt an ordinance for the appointment and reappointment of
members of the local child fatality review team; and
(2) appoint members to the local child fatality review team under
the ordinance adopted.
(c) If a local child fatality review team is established in a region, the
county legislative bodies that voted to establish the local child fatality
review team under section 6 of this chapter shall:
(1) each adopt substantially similar ordinances for the
appointment and reappointment of members of the local child
fatality review team; and
(2) appoint members to the local child fatality review team under
the ordinances adopted.
SOURCE: IC 31-33-24-15; (07)CC150304.6. -->
SECTION 6. IC 31-33-24-15, AS ADDED BY P.L.145-2006,
SECTION 287, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 15. (a) The department shall collect
and document information surrounding the deaths of children reviewed
by local child fatality review teams. The department shall develop a
data collection form that includes:
(1) identifying and nonidentifying information;
(2) information regarding the circumstances surrounding a death;
(3) factors contributing to a death; and
(4) findings and recommendations.
(b) The data collection form developed under this section must also
be provided to:
(1) the appropriate community child protection team; and
(2) as appropriate:
(A) the health and hospital corporation of Marion County as
set forth in IC 16-22-8;
(B) the local health department established under IC 16-20-2;
or
(C) the multiple county health department established under
IC 16-20-3; and
(3) the appropriate coroner and the pathologist who
performed the autopsy on the child.
SOURCE: IC 31-33-25-7; (07)CC150304.7. -->
SECTION 7. IC 31-33-25-7, AS ADDED BY P.L.145-2006,
SECTION 288, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7. (a) A child fatality review
conducted by the statewide child fatality review committee under this
chapter must consist of determining:
(1) whether similar future deaths could be prevented; and
(2) agencies or resources that should be involved to adequately
prevent future deaths of children.
(b) In conducting the child fatality review under subsection (a), the
statewide child fatality review committee shall review every record
concerning the deceased child that is held by:
(1) the department of child services; or
(2) a local child fatality review team.
(c) If the statewide child fatality review committee requests
records from a hospital, physician, coroner, or mental health
professional regarding a death that the statewide child fatality
review committee is investigating, the hospital, physician, coroner,
or mental health professional shall provide the requested records,
subject to IC 34-30-15, to the statewide child fatality review
committee.
SOURCE: IC 31-33-25-8; (07)CC150304.8. -->
SECTION 8. IC 31-33-25-8, AS ADDED BY P.L.145-2006,
SECTION 288, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 8. The statewide child fatality
review committee consists of the following members appointed by the
governor:
(1) a coroner or deputy coroner;
(2) a representative from:
(A) the state department of health established by IC 16-19-1-1;
(B) a local health department established under IC 16-20-2; or
(C) a multiple county health department established under
IC 16-20-3;
(3) a pediatrician;
(4) a representative of law enforcement;
(5) a representative from an emergency medical services provider;
(6) the director or a representative of the department;
(7) a representative of a prosecuting attorney;
(8) a pathologist with forensic experience who is:
(A) certified by the American Board of Pathology in
forensic pathology; and
(B) licensed to practice medicine in Indiana;
(9) a mental health provider;
(10) a representative of a child abuse prevention program; and
(11) a representative of the department of education.
SOURCE: IC 31-33-25-13; (07)CC150304.9. -->
SECTION 9. IC 31-33-25-13, AS ADDED BY P.L.145-2006,
SECTION 288, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 13. (a) The department shall collect
and document information surrounding the deaths of children reviewed
by the statewide child fatality review committee. The department shall
develop a data collection form that includes:
(1) identifying and nonidentifying information;
(2) information regarding the circumstances surrounding a death;
(3) factors contributing to a death; and
(4) findings and recommendations.
(b) The data collection form developed under this section must also
be provided to:
(1) the appropriate community child protection team established
under IC 31-33-3; and
(2) the appropriate:
(A) local health department established under IC 16-20-2; or
(B) multiple county health department established under
IC 16-20-3; and
(3) the appropriate coroner and the pathologist who
performed the autopsy on the child.
SOURCE: IC 36-2-14-1.5; (07)CC150304.10. -->
SECTION 10. IC 36-2-14-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1.5. As used in this chapter,
"child death pathologist" means a physician described in
IC 16-35-7-3(b).
SOURCE: IC 36-2-14-5.5; (07)CC150304.11. -->
SECTION 11. IC 36-2-14-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 5.5. A child death pathologist
shall:
(1) consult with a coroner concerning a death described in
section 6.3(b) of this chapter;
(2) conduct an autopsy of a child as described in sections
6.3(c) and 6.7(b) of this chapter; and
(3) perform duties described in section 6.7(e) of this chapter.
SOURCE: IC 36-2-14-6; (07)CC150304.12. -->
SECTION 12. IC 36-2-14-6, AS AMENDED BY SEA 271-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 6. (a) Whenever the coroner is notified that a
person in the county:
(1) has died from violence;
(2) has died by casualty;
(3) has died when apparently in good health;
(4) has died in an apparently suspicious, unusual, or unnatural
manner; or
(5) has been found dead;
the coroner shall, before the scene of the death is disturbed, notify a
law enforcement agency having jurisdiction in that area. The agency
shall assist the coroner in conducting an investigation of how the
person died and a medical investigation of the cause of death. The
coroner may hold the remains of the decedent until the investigation of
how the person died and the medical investigation of the cause of death
are concluded.
(b) The coroner:
(1) shall file
with the person in charge of interment a coroner's
certificate of death within seventy-two (72) hours after being
notified of the death. If the cause of death is not established with
reasonable certainty within seventy-two (72) hours, the coroner
shall file with the person in charge of interment a coroner's
certificate of death, with the cause of death designated as
"deferred pending further action". As soon as the coroner
determines the cause of death, the coroner shall file a
supplemental report indicating the exact findings with the local
health officer having jurisdiction, who shall make it part of the
official records. a certificate of death with the county health
department, or, if applicable, a multiple county health
department, of the county in which the individual died, within
seventy-two (72) hours after the completion of the death
investigation;
(2) shall complete the certificate of death utilizing all
verifiable information establishing the time and date of death;
and
(3) may file a pending investigation certificate of death before
completing the certificate of death, if necessary.
(c) If this section applies, the body and the scene of death may not
be disturbed until the coroner has photographed them in the manner
that most fully discloses how the person died. However, a coroner or
law enforcement officer may order a body to be moved before
photographs are taken if the position or location of the body unduly
interferes with activities carried on where the body is found, but the
body may not be moved from the immediate area and must be moved
without substantially destroying or altering the evidence present.
(d) When acting under this section, if the coroner considers it
necessary to have an autopsy performed, is required to perform an
autopsy under subsection (f), or is requested by the prosecuting
attorney of the county to perform an autopsy, the coroner shall employ
a:
physician:
(1)
physician certified by the American board of pathology; or
(2)
holding an unlimited license to practice medicine in Indiana
and pathology resident acting under the
direction direct
supervision of a physician certified
in anatomic pathology by
the American board of pathology;
to perform the autopsy. The physician performing the autopsy shall be
paid a fee of at least fifty dollars ($50) from the county treasury.
A
coroner may employ the services of the medical examiner system,
provided for in IC 4-23-6-6, when an autopsy is required, as long as
this subsection is met.
(e) If:
(1) at the request of:
(A) the decedent's spouse;
(B) a child of the decedent, if the decedent does not have a
spouse;
(C) a parent of the decedent, if the decedent does not have a
spouse or children;
(D) a brother or sister of the decedent, if the decedent does not
have a spouse, children, or parents; or
(E) a grandparent of the decedent, if the decedent does not
have a spouse, children, parents, brothers, or sisters;
(2) in any death,
where two (2) or more witnesses who
corroborate the circumstances surrounding death are present; and
(3) two (2) physicians who are licensed to practice medicine in
the state and who have made separate examinations of the
decedent certify the same cause of death in an affidavit within
twenty-four (24) hours after death;
an autopsy need not be performed. The affidavits shall be filed with the
circuit court clerk.
(f) A county coroner may not certify the cause of death in the case
of the sudden and unexpected death of a child who is
at least one (1)
week old and not more less than three (3) years old unless an autopsy
is performed at county expense. However, a coroner may certify the
cause of death of a child described in this subsection without the
performance of an autopsy if subsection (e) applies to the death of the
child.
(g) After consultation with the law enforcement agency
investigating the death of a decedent, the coroner shall do the
following:
(1) Inform a crematory authority if a person is barred under
IC 23-14-31-26(c) from serving as the authorizing agent with
respect to the cremation of the decedent's body because the
coroner made the determination under IC 23-14-31-26(c)(2) in
connection with the death of the decedent.
(2) Inform a cemetery owner if a person is barred under
IC 23-14-55-2(d) from authorizing the disposition of the body or
cremated remains of the decedent because the coroner made the
determination under IC 23-14-55-2(d)(2) in connection with the
death of the decedent.
(3) Inform a seller of prepaid services or merchandise if a person's
contract is unenforceable under IC 30-2-13-23(b) because the
coroner made the determination under IC 30-2-13-23(b)(4) in
connection with the death of the decedent.
SOURCE: IC 36-2-14-6.3; (07)CC150304.13. -->
SECTION 13. IC 36-2-14-6.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 6.3. (a) A coroner shall notify:
(1) the local child fatality review team; or
(2) if the county does not have a local child fatality review
team, the statewide child fatality review committee;
of each death of a person who is less than eighteen (18) years of
age, or appears to be less than eighteen (18) years of age, and who
has died in an apparently suspicious, unusual, or unnatural
manner.
(b) If a child less than eighteen (18) years of age dies in an
apparently suspicious, unusual, or unnatural manner, the coroner
shall consult with a child death pathologist to determine whether
an autopsy is necessary. If the coroner and the child death
pathologist disagree over the need for an autopsy, the county
prosecutor shall determine whether an autopsy is necessary. If the
autopsy is considered necessary, a child death pathologist or a
pathology resident acting under the direct supervision of a child
death pathologist shall conduct the autopsy within twenty-four (24)
hours. If the autopsy is not considered necessary, the autopsy shall
not be conducted.
(c) If a child death pathologist and coroner agree under
subsection (b) that an autopsy is necessary, the child death
pathologist or a pathology resident acting under the direct
supervision of a child death pathologist shall conduct the autopsy
of the child.
SOURCE: IC 36-2-14-6.7; (07)CC150304.14. -->
SECTION 14. IC 36-2-14-6.7 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]:
Sec. 6.7. (a) This section applies to a
child who:
(1) died suddenly and unexpectedly;
(2) was less than three (3) years of age at the time of death;
and
(3) was in apparent good health before dying.
(b) A child death pathologist or a pathology resident acting
under the direct supervision of a child death pathologist shall
conduct an autopsy of a child described in subsection (a).
(c) A county coroner may not certify the cause of death of a
child described in subsection (a) until an autopsy is performed at
county expense.
(d) The county coroner shall contact the parent or guardian of
a child described in subsection (a) and notify the parent or
guardian that an autopsy will be conducted at county expense.
(e) The child death pathologist shall:
(1) ensure that a tangible summary of the autopsy results is
provided;
(2) provide informational material concerning sudden infant
death syndrome; and
(3) unless the release of autopsy results would jeopardize a
law enforcement investigation, provide notice that a parent or
guardian has the right to receive the preliminary autopsy
results;
to the parents or guardian of the child within one (1) week after the
autopsy.
(f) If a parent or guardian of a child described in subsection (a)
requests the autopsy report of the child, the coroner shall provide
the autopsy report to the parent or guardian within thirty (30) days
after the:
(1) request; or
(2) completion of the autopsy report;
whichever is later, at no cost.
(g) A coroner shall notify:
(1) a local child fatality review team; or
(2) if the county does not have a local child fatality review
team, the statewide child fatality review committee;
of the death of a child described in subsection (a).
SOURCE: IC 36-2-14-12.5; (07)CC150304.15. -->
SECTION 15. IC 36-2-14-12.5, AS ADDED BY HEA 1306-2007,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 12.5. (a) A coroner shall make all reasonable
attempts to promptly identify human remains, including taking the
following steps:
(1) Photograph the human remains before an autopsy is
conducted.
(2) X-ray the human remains.
(3) Photograph items found with the human remains.
(4) Fingerprint the remains, if possible.
(5) Obtain tissue, bone, or hair samples suitable for DNA typing,
if possible.
(6) Collect any other information relevant to identification efforts.
(b) A coroner may not dispose of unidentified human remains or
take any other action that will materially affect the condition of the
remains until the coroner has taken the steps described in subsection
(a).
(c) If human remains have not been identified after thirty (30) days,
the coroner or other person having custody of the remains shall request
the state police to do the following:
(1) Enter information that may assist in the identification of the
remains into:
(A) the National Crime Information Center (NCIC) data base;
and
(B) any other appropriate data base.
(2) Upload relevant DNA profiles from the remains to the missing
persons data base of the State DNA Index System (SDIS) and the
National DNA Index System (NDIS) after completion of the DNA
analysis and other procedures required for data base entry.
(3) Ensure that a person who enters data relating to medical or
dental records in a data base has the appropriate training to
understand and correctly enter the information.
(d) If unidentified human remains are identified as belonging to a
missing person, the coroner shall:
(1) notify the law enforcement agency handling the missing
persons case that the missing person is deceased; and
(2) instruct the law enforcement agency to make documented
efforts to contact family members of the missing person.
(e) No person may order the cremation of unidentified human
remains.
SOURCE: IC 36-2-14-17; (07)CC150304.16. -->
SECTION 16. IC 36-2-14-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 17. (a) A person who
knowingly or intentionally fails to immediately notify the coroner or a
law enforcement agency of the discovery of the body of a person who:
has died:
(1) has died from violence; or
(2) has died in an apparently suspicious, unusual, or unnatural
manner; or
(3) has died at less than three (3) years of age;
commits a Class B infraction. However, the failure to immediately
notify under this subsection is a Class A misdemeanor if the person
fails to immediately notify with the intent to hinder a criminal
investigation.
(b) A person who, with the intent to hinder a criminal
investigation and without the permission of the coroner or a law
enforcement officer, knowingly or intentionally moves or transports
from alters the scene of death the body of a person who has died:
(1) from violence; or
(2) in an apparently suspicious, unusual, or unnatural manner;
commits a Class D felony.
SOURCE: IC 36-2-14-18; (07)CC150304.17. -->
SECTION 17. IC 36-2-14-18, AS AMENDED BY P.L.141-2006,
SECTION 113, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 18. (a) Notwithstanding
IC 5-14-3-4(b)(1), when a coroner investigates a death, the office of the
coroner is required to make available for public inspection and copying
the following:
(1) The name, age, address, sex, and race of the deceased.
(2) The address where the dead body was found, or if there is no
address the location where the dead body was found and, if
different, the address where the death occurred, or if there is no
address the location where the death occurred.
(3) The name of the agency to which the death was reported and
the name of the person reporting the death.
(4) The name of any public official or governmental employee
present at the scene of the death and the name of the person
certifying or pronouncing the death.
(5) Information regarding an autopsy (requested or performed)
limited to the date, the person who performed the autopsy, where
the autopsy was performed, and a conclusion as to:
(A) the probable cause of death;
(B) the probable manner of death; and
(C) the probable mechanism of death.
(6) The location to which the body was removed, the person
determining the location to which the body was removed, and the
authority under which the decision to remove the body was made.
(7) The records required to be filed by a coroner under section 6
of this chapter and the verdict and the written report required
under section 10 of this chapter.
(b) A county coroner or a coroner's deputy who receives an
investigatory record from a law enforcement agency shall treat the
investigatory record with the same confidentiality as the law
enforcement agency would treat the investigatory record.
(c) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of the next of kin of the decedent or of an
insurance company investigating a claim arising from the death of the
individual upon whom the autopsy was performed. The insurance
company is prohibited from publicly disclosing any information
contained in the report beyond that information that may otherwise be
disclosed by a coroner under this section. This prohibition does not
apply to information disclosed in communications in conjunction with
the investigation, settlement, or payment of the claim.
(d) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of:
(1) the director of the division of disability and rehabilitative
services established by IC 12-9-1-1;
(2) the director of the division of mental health and addiction
established by IC 12-21-1-1; or
(3) the director of the division of aging established by
IC 12-9.1-1-1;
in connection with a division's review of the circumstances surrounding
the death of an individual who received services from a division or
through a division at the time of the individual's death.
(e) Notwithstanding any other provision of this section, a
coroner shall make available a full copy of an autopsy report,
including a photograph, a video recording, or an audio recording
of the autopsy, to:
(1) the department of child services established by
IC 31-25-1-1, including an office of the department located in
the county where the death occurred;
(2) the statewide child fatality review committee established
by IC 31-33-25-6; or
(3) a county child fatality review team or regional child
fatality review team established under IC 31-33-24-6 by the
county or for the county where the death occurred;
for purposes of an entity described in subdivisions (1) through (3)
conducting a review or an investigation of the circumstances
surrounding the death of a child (as defined in IC 31-9-2-13(d)(1))
and making a determination as to whether the death of the child
was a result of abuse, abandonment, or neglect.
(f) An autopsy report made available under subsection (e) is
confidential and shall not be disclosed to another individual or
agency, unless otherwise authorized or required by law.
SOURCE: IC 36-2-14-20; (07)CC150304.18. -->
SECTION 18. IC 36-2-14-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 20. (a) As used in this
section, "autopsy" means the external and surgical internal
examination of all body systems of a decedent, including toxicology
and histology.
(b) Except as provided in subsection (b) and IC 4-24-4-1, if an
Indiana resident:
(1) dies in an Indiana county as a result of an incident that
occurred in another Indiana county; and
(2) is the subject of an autopsy performed under the authority and
duties of the county coroner of the county where the death
occurred;
the county coroner shall bill the county in which the incident occurred
for the cost of the autopsy, including the physician fee under section
6(d) of this chapter.
(b) (c) Except as provided in subsection (a) (b) and IC 4-24-4-1,
payment for the costs of an autopsy requested by a party other than the:
(1) county prosecutor; or
(2) county coroner;
of the county in which the individual died must be made by the party
requesting the autopsy.
(c) (d) This section does not preclude the coroner of a county in
which a death occurs from attempting to recover autopsy costs from the
jurisdiction outside Indiana where the incident that caused the death
occurred.
SOURCE: IC 36-2-14-22; (07)CC150304.19. -->
SECTION 19. IC 36-2-14-22 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 22. (a) Upon the request of a
coroner who is conducting or will conduct a death investigation on
an individual who is admitted or was admitted to a hospital, the
hospital shall provide a sample of the individual's blood or tissue
to the coroner.
(b) A coroner does not need to obtain a warrant to request a
blood or tissue sample under this section.
SOURCE: IC 36-2-14-22.2; (07)CC150304.20. -->
SECTION 20. IC 36-2-14-22.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]:
Sec. 22.2. A coroner shall follow the
procedures set forth in IC 29-2-16.1 concerning organ and tissue
procurement.
SOURCE: IC 36-2-14-12; IC 36-2-14-14.
; (07)CC150304.21. -->
SECTION 21. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2007]: IC 36-2-14-12; IC 36-2-14-14.
(Reference is to EHB 1503 as reprinted April 11, 2007.)
Conference Committee Report
on
Engrossed House
Bill 1503
Text Box
S
igned by:
____________________________ ____________________________
Representative Orentlicher Senator Lawson C
Chairperson
____________________________ ____________________________
Representative Summers Senator Simpson
House Conferees Senate Conferees