11-594

11-594. Powers and duties of county medical
examiner

A. The county medical examiner or alternate medical examiner shall direct a death
investigation, shall determine whether an external examination or autopsy is required and
shall:

1. Take charge of the dead body.

2. Certify to the cause and manner of death following completion of the death
investigation, unless the medical examiner or alternate medical examiner determines there
is no jurisdiction pursuant to section 11-593, reduce the findings to writing and
promptly make a full report on forms prescribed for that purpose.

3. Have subpoena authority for all documents, records and papers deemed useful in
the death investigation.

4. Execute a death certificate provided by the state registrar of vital statistics
indicating the cause and the manner of death for those bodies for which a death
investigation has been conducted and jurisdiction is assumed.

5. Give approval for cremation of a dead body after a death investigation and
record the approval on the death certificate.

6. Notify the county attorney or other law enforcement authority when death is
found to be from other than natural causes.

7. Carry out the duties specified under section 28-668.

8. Carry out the duties specified under title 36, chapter 7, article 3.

9. Observe all policies adopted by the board of supervisors regarding conflicts of
interest and disclosure of noncounty employment.

B. The county medical examiner or alternate medical examiner may:

1. Assign to a medical death investigator or other qualified personnel all aspects
of a death investigation except the performance of autopsies.

2. Authorize forensic pathologists to perform examinations and autopsies. The
medical examiner or alternate medical examiner may authorize medical students or
residents and fellows in pathology training to perform autopsies under the supervision of
a licensed physician who is board certified in anatomic pathology, pursuant to procedures
adopted by the county medical examiner or alternate medical examiner. Authorization and
the amount to be paid by the county for pathology services are subject to approval of the
board of supervisors.

3. Delegate any power, duty or function whether ministerial or discretionary vested
by this chapter in the medical examiner or alternate medical examiner to a person meeting
the qualifications prescribed in this chapter who is employed by or who has contracted
with the county to provide death investigation services. The medical examiner or
alternate medical examiner shall be responsible for the official acts of the person
designated pursuant to this section and shall act under the name and authority of the
medical examiner or alternate medical examiner.

4. Authorize the taking of organs and tissues as they prove to be usable for
transplants, other treatment, therapy, education or research if all of the requirements
of title 36, chapter 7, article 3 are met. The medical examiner or alternate medical
examiner shall give this authorization within a time period that permits a medically
viable donation.

5. Authorize licensed physicians, surgeons or trained technicians to remove parts
of bodies provided they follow an established protocol approved by the medical examiner
or alternate medical examiner.

6. Limit the removal of organs or tissues for transplants or other therapy or
treatment if, based on a review of available medical and investigative information within
a time that permits a medically viable donation, the medical examiner or alternate
medical examiner makes an initial determination that their removal would interfere with a
medical examination, autopsy or certification of death. Before making a final decision
to limit the removal of organs, the medical examiner or alternate medical examiner shall
consult with the organ procurement organization. After the consultation and when the
organ procurement organization provides information that the organ procurement
organization reasonably believes could alter the initial decision and at the request of
the organ procurement organization, the medical examiner or alternate medical examiner
shall conduct a physical examination of the body. If the medical examiner or alternate
medical examiner limits the removal of organs, the medical examiner or alternate medical
examiner shall maintain documentation of this decision and shall make the documentation
available to the organ procurement organization.

C. A county medical examiner or alternate medical examiner shall not be held
civilly or criminally liable for any acts performed in good faith pursuant to subsection
B, paragraphs 4, 5 and 6 of this section.

D. If a dispute arises over the findings of the medical examiner's report, the
medical examiner, upon an order of the superior court, shall make available all evidence
and documentation to a court-designated licensed forensic pathologist for review, and the
results of the review shall be reported to the superior court in the county issuing the
order.

E. For providing external examinations and autopsies pursuant to this section, the
medical examiner may charge a fee established by the board of supervisors pursuant to
section 11-251.08.