Introduced Version
SENATE BILL No. 532
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-23-6.5; IC 16-19; IC 16-37-1-9;
IC 34-30-20-64.5; IC 36-2-14-22.3.
Synopsis: Coroners. Reestablishes the coroners training board (board)
within the state department of health (state department). Requires the
state department to provide staff and administrative support to the
board. Establishes fees to obtain additional copies of death certificates.
Establishes the coroner review board, which is established to review a
coroner's determination of a cause of death. Allows the coroner review
board to order a coroner to revise a certificate of death if the review
board determines that the coroner made an incorrect determination as
to the cause of a death. Repeals the current law governing the coroners
training board.
Effective: July 1, 2009.
Merritt
January 15, 2009, read first time and referred to Committee on Local Government.
Introduced
First Regular Session 116th General Assembly (2009)
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SENATE BILL No. 532
A BILL FOR AN ACT to amend the Indiana Code concerning
public health.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-19-14; (09)IN0532.1.1. -->
SECTION 1. IC 16-19-14 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]:
Chapter 14. Coroners Training Board
Sec. 1. As used in this chapter, "board" refers to the coroners
training board established by section 3 of this chapter.
Sec. 2. As used in this chapter, "fund" refers to the coroners
training and continuing education fund established by section 8 of
this chapter.
Sec. 3. (a) The coroners training board is established within the
state department.
(b) The state department shall provide staff and administrative
support to the board.
Sec. 4. (a) The board consists of seven (7) members. The board
must include the following:
(1) The state health commissioner or the commissioner's
designee.
(2) Five (5) county coroners appointed by the governor, who
shall consider appointing coroners who are women or
members of minority groups.
(3) A citizen appointed by the governor who:
(A) has training in medico-legal death investigation;
(B) has training in forensic science;
(C) is a physician licensed under IC 25-22.5-1; or
(D) is a registered nurse.
(b) Not more than three (3) of the county coroner members of
the board may be from the same political party.
Sec. 5. (a) The state health commissioner or the commissioner's
designee shall serve as chairperson of the board.
(b) The board shall annually elect a vice chairperson from
among the members of the board.
Sec. 6. The board shall meet at least two (2) times each year.
Sec. 7. The board shall adopt rules under IC 4-22-2 concerning
the following:
(1) Standards for continuing education and training for
county coroners, including education and training
requirements set forth in IC 36-2-14.
(2) Mandatory training and continuing education
requirements for deputy coroners, including education and
training requirements set forth in IC 36-2-14.
(3) Minimum requirements for continuing education
instructors approved by the board.
(4) The necessary administration of this chapter.
Sec. 8. (a) The coroners training and continuing education fund
is established for the purpose of providing money for the purposes
under section 9 of this chapter. The fund shall be administered by
the board.
(b) Expenses of administering the fund shall be paid from
money in the fund. The fund consists of gifts, grants, and amounts
deposited under IC 16-37-1-9.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
Sec. 9. The board may use the fund for the following purposes:
(1) Training equipment and supplies necessary to operate the
fund.
(2) Aid to approved training programs that have met the
minimum requirements of the board.
(3) Travel, regional conferences, and other expenses actually
incurred in connection with the member's duties.
(4) Any other purpose that the board determines is necessary
to carry out this chapter.
Sec. 10. The board shall consult with the Indiana law
enforcement academy under IC 36-2-14-22.3 concerning criminal
investigations in the creation of:
(1) the training course for coroners and deputy coroners
under IC 36-2-14-22.3(a); and
(2) the annual training course for coroners and deputy
coroners under IC 36-2-14-22.3(b).
SOURCE: IC 16-19-15; (09)IN0532.1.2. -->
SECTION 2. IC 16-19-15 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]:
Chapter 15. Coroner Review Board
Sec. 1. As used in this chapter, "board" refers to the coroner
review board established by section 2 of this chapter.
Sec. 2. (a) The coroner review board is established within the
state department.
(b) The state department shall provide staff and administrative
support to the board.
Sec. 3. (a) The board consists of seven (7) members. The board
must include the following:
(1) The state health commissioner or the commissioner's
designee.
(2) Six (6) county coroners appointed by the governor, who
shall consider appointing coroners who are women or
members of minority groups.
(b) Not more than three (3) of the county coroner members of
the board may be from the same political party.
Sec. 4. (a) The state health commissioner or the commissioner's
designee shall serve as chairperson of the board.
(b) The board shall annually elect a vice chairperson from
among the members of the board.
Sec. 5. The board shall meet at the call of the chairperson.
Sec. 6. (a) The board shall review a coroner's determination of
a cause of death listed on a certificate of death.
(b) Any family member of a deceased person who disputes a
coroner's determination of a cause of death may petition the board
to review a case.
(c) In conducting a review under subsection (a), the board shall
review every record concerning the deceased that is held by:
(1) a coroner;
(2) a law enforcement agency; and
(3) a hospital, physician, or mental health professional.
(d) The board may require any individual to provide testimony
who may have information to assist the board in the review of a
cause of death.
(e) If the board requests records from a hospital, physician,
coroner, or mental health professional regarding a death that the
board is investigating, the hospital, physician, coroner, or mental
health professional shall provide the requested records, subject to
IC 34-30-15, to the board.
Sec. 7. (a) Except as provided in subsection (b), meetings of the
board are open to the public.
(b) Except as provided in subsection (d), a meeting of the board
that involves:
(1) confidential records; or
(2) identifying information regarding the death of a person
that is confidential under state or federal law;
shall be held as an executive session.
(c) If a meeting is held as an executive session under subsection
(b), each individual who:
(1) attends the meeting; and
(2) is not a member of the board;
shall sign a confidentiality statement prepared by the department.
The board shall keep all confidentiality statements signed under
this subsection.
(d) A majority of the members of the board may vote to disclose
any report or part of a report regarding a review of death if the
information is in the general public interest as determined by the
board.
Sec. 8. Members of the board and individuals who attend a
meeting of the board as an invitee of the chairperson:
(1) may discuss among themselves confidential matters that
are before the board;
(2) are bound by all applicable laws regarding the
confidentiality of matters reviewed by the board; and
(3) except when acting:
(A) with malice;
(B) in bad faith; or
(C) with gross negligence;
are immune from any civil or criminal liability that might
otherwise be imposed as a result of communicating among
themselves about confidential matters that are before the
board.
Sec. 9. The state department shall provide training to the board.
Sec. 10. The affirmative votes of a majority of the members of
the board are required for the board to take action on any
measure.
Sec. 11. If the board determines that a coroner incorrectly
determined a cause of death, the board may order the coroner to
issue a corrected certificate of death listing the cause of death
determined by the board.
Sec. 12. The expenses of the board shall be paid from funds
appropriated to the state department.
SOURCE: IC 16-37-1-9; (09)IN0532.1.3. -->
SECTION 3. IC 16-37-1-9, AS AMENDED BY P.L.3-2008,
SECTION 110, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 9. (a) Except as provided in
subsection (c), a local health department may make a charge under
IC 16-20-1-27 for each certificate of birth, death, or stillbirth
registration. IC 5-14-3-8(d) does not apply to the health department
making a charge for a certificate of birth, death, or stillbirth registration
under IC 16-20-1-27.
(b) If the local department of health makes a charge for a certificate
of death under subsection (a), the coroners continuing education fee
described in subsection subsections (d) and (e) 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.
(e) The coroners continuing education fee for additional copies
of a certificate of death are as follows:
(1) An additional copy is one dollar ($1).
(2) A second additional copy is two dollars ($2).
(3) A third additional copy is three dollars ($3).
(4) A fourth additional copy is four dollars ($4).
(5) Each additional copy is four dollars ($4) for each copy.
SOURCE: IC 34-30-20-64.5; (09)IN0532.1.4. -->
SECTION 4. IC 34-30-20-64.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 64.5. IC 16-19-15-8 (Concerning
a member of the coroner review board or a person who attends a
meeting of the coroner review board as an invitee of the
chairperson).
SOURCE: IC 36-2-14-22.3; (09)IN0532.1.5. -->
SECTION 5. IC 36-2-14-22.3, AS ADDED BY P.L.3-2008,
SECTION 258, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 22.3. (a) The coroners training
board established by IC 4-23-6.5-3, IC 16-19-14-3, in consultation
with the Indiana law enforcement academy, shall create and offer a
training course for coroners and deputy coroners. The training course
must include:
(1) at least forty (40) hours of instruction; and
(2) instruction regarding:
(A) death investigation;
(B) crime scenes; and
(C) preservation of evidence at a crime scene for police and
crime lab technicians.
(b) The coroners training board, in consultation with the Indiana law
enforcement academy, shall create and offer an annual training course
for coroners and deputy coroners. The annual training course must:
(1) include at least eight (8) hours of instruction; and
(2) cover recent developments in:
(A) death investigation;
(B) crime scenes; and
(C) preservation of evidence at a crime scene for police and
crime lab technicians.
(c) In creating the courses under subsections (a) and (b), the
coroners training board shall consult with a pathologist certified by the
American Board of Pathology regarding medical issues that are a part
of the training courses.
(d) All training in the courses offered under subsections (a) and (b)
that involves medical issues must be approved by a pathologist
certified by the American Board of Pathology.
(e) All training in the courses offered under subsections (a) and (b)
that involves crime scenes and evidence preservation must be approved
by a law enforcement officer.
(f) The coroners training board shall issue a coroner or deputy
coroner a certificate upon successful completion of the courses
described in subsections (a) and (b).
SOURCE: IC 4-23-6.5; (09)IN0532.1.6. -->
SECTION 6. IC 4-23-6.5 IS REPEALED [EFFECTIVE JULY 1,
2009].
SOURCE: ; (09)IN0532.1.7. -->
SECTION 7. [EFFECTIVE JULY 1, 2009]
(a) The funds that
remain on July 1, 2009, in the coroners training and education
fund established by IC 4-23-6.5-8, as repealed by this act, shall be
transferred to the coroners training and continuing education fund
established by IC 16-19-14-8, as added by this act.
(b) This SECTION expires December 31, 2009.