§ 32.1-283. Investigation of deaths; obtaining consent to removal of organs,etc.; fees.
A. Upon the death of any person from trauma, injury, violence, poisoning,accident, suicide or homicide, or suddenly when in apparent good health, orwhen unattended by a physician, or in jail, prison, other correctionalinstitution or in police custody, or who is a patient or resident of a statemental health or mental retardation facility, or suddenly as an apparentresult of fire, or in any suspicious, unusual or unnatural manner, or thesudden death of any infant less than eighteen months of age whose death issuspected to be attributable to Sudden Infant Death Syndrome (SIDS), themedical examiner of the county or city in which death occurs shall benotified by the physician in attendance, hospital, law-enforcement officer,funeral director or any other person having knowledge of such death. Goodfaith efforts shall be made by such person or institution having custody ofthe dead body to identify and to notify the next of kin of the decedent.Notification shall include informing the person presumed to be the next ofkin that he has a right to have identification of the decedent confirmedwithout due delay and without being held financially responsible for anyprocedures performed for the purpose of the identification. Identity of thenext of kin, if determined, shall be provided to the Chief Medical Examinerupon transfer of the dead body.
B. Upon being notified of a death as provided in subsection A, the medicalexaminer shall take charge of the dead body, make an investigation into thecause and manner of death, reduce his findings to writing, and promptly makea full report to the Chief Medical Examiner. In order to facilitate hisinvestigation, the medical examiner is authorized to inspect and copy thepertinent medical records of the decedent whose death he is investigating.Full directions as to the nature, character and extent of the investigationto be made in such cases shall be furnished each medical examiner by theChief Medical Examiner, together with appropriate forms for the requiredreports and instructions for their use. The facilities and personnel underthe Chief Medical Examiner shall be made available to medical examiners insuch investigations. Reports and findings of the Medical Examiner shall beconfidential and shall not under any circumstance be disclosed or madeavailable for discovery pursuant to a court subpoena or otherwise, except asprovided in this chapter. Nothing in this subsection shall prohibit the ChiefMedical Examiner from releasing the cause or manner of death, or prohibitdisclosure of reports or findings to the parties in a criminal case.
C. A copy of each report pursuant to this section shall be delivered to theappropriate attorney for the Commonwealth and to the appropriatelaw-enforcement agency investigating the death. A copy of any such reportregarding the death of a victim of a traffic accident shall be furnished uponrequest to the State Police and the Highway Safety Commission. In addition, acopy of any autopsy report concerning a patient or resident of a state mentalhealth or mental retardation facility shall be delivered to the Commissionerof Behavioral Health and Developmental Services and to the Inspector Generalfor Behavioral Health and Developmental Services. A copy of any autopsyreport concerning a prisoner committed to the custody of the Director of theDepartment of Corrections shall, upon request of the Director of theDepartment of Corrections, be delivered to the Director of the Department ofCorrections. A copy of any autopsy report concerning a prisoner committed toany local correctional facility shall be delivered to the local sheriff orsuperintendent. Upon request, the Chief Medical Examiner shall release suchautopsy report to the decedent's attending physician and to the personalrepresentative or executor of the decedent or, if no personal representativeor executor is appointed, then at the discretion of the Chief MedicalExaminer, to the following persons in the following order of priority: (i)the spouse of the decedent, (ii) an adult son or daughter of the decedent,(iii) either parent of the decedent, (iv) an adult sibling of the decedent,(v) any other adult relative of the decedent in order of blood relationship,or (vi) any appropriate health facility quality assurance program.
D. For each investigation under this article, including the making of therequired reports, the medical examiner shall receive a fee established by theBoard within the limitations of appropriations for the purpose. Such feeshall be paid by the Commonwealth, if the deceased is not a legal resident ofthe county or city in which his death occurred. In the event the deceased isa legal resident of the county or city in which his death occurred, suchcounty or city shall be responsible for the fee up to $20. If the deceased isa patient or resident of a state mental health or mental retardationfacility, the fee shall be paid by the Department of Behavioral Health andDevelopmental Services.
E. Nothing herein shall be construed to interfere with the autopsy procedureor with the routine obtaining of consent for removal of organs as conductedby surgical teams or others.
(Code 1950, §§ 32-31.17, 32-31.18, 32-31.20; 1950, p. 659; 1952, cc. 318,705; 1960, c. 366; 1962, c. 366; 1968, c. 431; 1972, cc. 556, 741; 1974, c.443; 1975, c. 475; 1978, c. 175; 1979, c. 711; 1981, c. 388; 1985, c. 228;1993, c. 965; 2002, c. 203; 2003, c. 368; 2007, cc. 19, 868; 2008, cc. 287,433; 2009, cc. 813, 840.)
§ 32.1-283. Investigation of deaths; obtaining consent to removal of organs,etc.; fees.
A. Upon the death of any person from trauma, injury, violence, poisoning,accident, suicide or homicide, or suddenly when in apparent good health, orwhen unattended by a physician, or in jail, prison, other correctionalinstitution or in police custody, or who is a patient or resident of a statemental health or mental retardation facility, or suddenly as an apparentresult of fire, or in any suspicious, unusual or unnatural manner, or thesudden death of any infant less than eighteen months of age whose death issuspected to be attributable to Sudden Infant Death Syndrome (SIDS), themedical examiner of the county or city in which death occurs shall benotified by the physician in attendance, hospital, law-enforcement officer,funeral director or any other person having knowledge of such death. Goodfaith efforts shall be made by such person or institution having custody ofthe dead body to identify and to notify the next of kin of the decedent.Notification shall include informing the person presumed to be the next ofkin that he has a right to have identification of the decedent confirmedwithout due delay and without being held financially responsible for anyprocedures performed for the purpose of the identification. Identity of thenext of kin, if determined, shall be provided to the Chief Medical Examinerupon transfer of the dead body.
B. Upon being notified of a death as provided in subsection A, the medicalexaminer shall take charge of the dead body, make an investigation into thecause and manner of death, reduce his findings to writing, and promptly makea full report to the Chief Medical Examiner. In order to facilitate hisinvestigation, the medical examiner is authorized to inspect and copy thepertinent medical records of the decedent whose death he is investigating.Full directions as to the nature, character and extent of the investigationto be made in such cases shall be furnished each medical examiner by theChief Medical Examiner, together with appropriate forms for the requiredreports and instructions for their use. The facilities and personnel underthe Chief Medical Examiner shall be made available to medical examiners insuch investigations. Reports and findings of the Medical Examiner shall beconfidential and shall not under any circumstance be disclosed or madeavailable for discovery pursuant to a court subpoena or otherwise, except asprovided in this chapter. Nothing in this subsection shall prohibit the ChiefMedical Examiner from releasing the cause or manner of death, or prohibitdisclosure of reports or findings to the parties in a criminal case.
C. A copy of each report pursuant to this section shall be delivered to theappropriate attorney for the Commonwealth and to the appropriatelaw-enforcement agency investigating the death. A copy of any such reportregarding the death of a victim of a traffic accident shall be furnished uponrequest to the State Police and the Highway Safety Commission. In addition, acopy of any autopsy report concerning a patient or resident of a state mentalhealth or mental retardation facility shall be delivered to the Commissionerof Behavioral Health and Developmental Services and to the Inspector Generalfor Behavioral Health and Developmental Services. A copy of any autopsyreport concerning a prisoner committed to the custody of the Director of theDepartment of Corrections shall, upon request of the Director of theDepartment of Corrections, be delivered to the Director of the Department ofCorrections. A copy of any autopsy report concerning a prisoner committed toany local correctional facility shall be delivered to the local sheriff orsuperintendent. Upon request, the Chief Medical Examiner shall release suchautopsy report to the decedent's attending physician and to the personalrepresentative or executor of the decedent or, if no personal representativeor executor is appointed, then at the discretion of the Chief MedicalExaminer, to the following persons in the following order of priority: (i)the spouse of the decedent, (ii) an adult son or daughter of the decedent,(iii) either parent of the decedent, (iv) an adult sibling of the decedent,(v) any other adult relative of the decedent in order of blood relationship,or (vi) any appropriate health facility quality assurance program.
D. For each investigation under this article, including the making of therequired reports, the medical examiner shall receive a fee established by theBoard within the limitations of appropriations for the purpose. Such feeshall be paid by the Commonwealth, if the deceased is not a legal resident ofthe county or city in which his death occurred. In the event the deceased isa legal resident of the county or city in which his death occurred, suchcounty or city shall be responsible for the fee up to $20. If the deceased isa patient or resident of a state mental health or mental retardationfacility, the fee shall be paid by the Department of Behavioral Health andDevelopmental Services.
E. Nothing herein shall be construed to interfere with the autopsy procedureor with the routine obtaining of consent for removal of organs as conductedby surgical teams or others.
(Code 1950, §§ 32-31.17, 32-31.18, 32-31.20; 1950, p. 659; 1952, cc. 318,705; 1960, c. 366; 1962, c. 366; 1968, c. 431; 1972, cc. 556, 741; 1974, c.443; 1975, c. 475; 1978, c. 175; 1979, c. 711; 1981, c. 388; 1985, c. 228;1993, c. 965; 2002, c. 203; 2003, c. 368; 2007, cc. 19, 868; 2008, cc. 287,433; 2009, cc. 813, 840.)
§ 32.1-283. Investigation of deaths; obtaining consent to removal of organs,etc.; fees.
A. Upon the death of any person from trauma, injury, violence, poisoning,accident, suicide or homicide, or suddenly when in apparent good health, orwhen unattended by a physician, or in jail, prison, other correctionalinstitution or in police custody, or who is a patient or resident of a statemental health or mental retardation facility, or suddenly as an apparentresult of fire, or in any suspicious, unusual or unnatural manner, or thesudden death of any infant less than eighteen months of age whose death issuspected to be attributable to Sudden Infant Death Syndrome (SIDS), themedical examiner of the county or city in which death occurs shall benotified by the physician in attendance, hospital, law-enforcement officer,funeral director or any other person having knowledge of such death. Goodfaith efforts shall be made by such person or institution having custody ofthe dead body to identify and to notify the next of kin of the decedent.Notification shall include informing the person presumed to be the next ofkin that he has a right to have identification of the decedent confirmedwithout due delay and without being held financially responsible for anyprocedures performed for the purpose of the identification. Identity of thenext of kin, if determined, shall be provided to the Chief Medical Examinerupon transfer of the dead body.
B. Upon being notified of a death as provided in subsection A, the medicalexaminer shall take charge of the dead body, make an investigation into thecause and manner of death, reduce his findings to writing, and promptly makea full report to the Chief Medical Examiner. In order to facilitate hisinvestigation, the medical examiner is authorized to inspect and copy thepertinent medical records of the decedent whose death he is investigating.Full directions as to the nature, character and extent of the investigationto be made in such cases shall be furnished each medical examiner by theChief Medical Examiner, together with appropriate forms for the requiredreports and instructions for their use. The facilities and personnel underthe Chief Medical Examiner shall be made available to medical examiners insuch investigations. Reports and findings of the Medical Examiner shall beconfidential and shall not under any circumstance be disclosed or madeavailable for discovery pursuant to a court subpoena or otherwise, except asprovided in this chapter. Nothing in this subsection shall prohibit the ChiefMedical Examiner from releasing the cause or manner of death, or prohibitdisclosure of reports or findings to the parties in a criminal case.
C. A copy of each report pursuant to this section shall be delivered to theappropriate attorney for the Commonwealth and to the appropriatelaw-enforcement agency investigating the death. A copy of any such reportregarding the death of a victim of a traffic accident shall be furnished uponrequest to the State Police and the Highway Safety Commission. In addition, acopy of any autopsy report concerning a patient or resident of a state mentalhealth or mental retardation facility shall be delivered to the Commissionerof Behavioral Health and Developmental Services and to the Inspector Generalfor Behavioral Health and Developmental Services. A copy of any autopsyreport concerning a prisoner committed to the custody of the Director of theDepartment of Corrections shall, upon request of the Director of theDepartment of Corrections, be delivered to the Director of the Department ofCorrections. A copy of any autopsy report concerning a prisoner committed toany local correctional facility shall be delivered to the local sheriff orsuperintendent. Upon request, the Chief Medical Examiner shall release suchautopsy report to the decedent's attending physician and to the personalrepresentative or executor of the decedent or, if no personal representativeor executor is appointed, then at the discretion of the Chief MedicalExaminer, to the following persons in the following order of priority: (i)the spouse of the decedent, (ii) an adult son or daughter of the decedent,(iii) either parent of the decedent, (iv) an adult sibling of the decedent,(v) any other adult relative of the decedent in order of blood relationship,or (vi) any appropriate health facility quality assurance program.
D. For each investigation under this article, including the making of therequired reports, the medical examiner shall receive a fee established by theBoard within the limitations of appropriations for the purpose. Such feeshall be paid by the Commonwealth, if the deceased is not a legal resident ofthe county or city in which his death occurred. In the event the deceased isa legal resident of the county or city in which his death occurred, suchcounty or city shall be responsible for the fee up to $20. If the deceased isa patient or resident of a state mental health or mental retardationfacility, the fee shall be paid by the Department of Behavioral Health andDevelopmental Services.
E. Nothing herein shall be construed to interfere with the autopsy procedureor with the routine obtaining of consent for removal of organs as conductedby surgical teams or others.
(Code 1950, §§ 32-31.17, 32-31.18, 32-31.20; 1950, p. 659; 1952, cc. 318,705; 1960, c. 366; 1962, c. 366; 1968, c. 431; 1972, cc. 556, 741; 1974, c.443; 1975, c. 475; 1978, c. 175; 1979, c. 711; 1981, c. 388; 1985, c. 228;1993, c. 965; 2002, c. 203; 2003, c. 368; 2007, cc. 19, 868; 2008, cc. 287,433; 2009, cc. 813, 840.)
