Maryland 2022 Regular Session

Maryland Senate Bill SB779 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0779
6	6
7	7	SENATE BILL 779
8	8	J1 2lr3160
9	9	CF 2lr3145
10	10	By: Senator King
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Office of the Chief Medical Examiner – Access to Records – Attorney General 2
19	19
20	20	FOR the purpose of requiring the Office of the Chief Medical Examiner to provide the 3
21	21	Attorney General or the Attorney General’s designee with any record that the 4
22	22	Attorney General or the Attorney General’s designee requests for the purpose of 5
23	23	conducting a legal compliance audit of potential bias in the operation of the Office of 6
24	24	the Chief Medical Examiner; and generally relating to the Office of the Chief Medical 7
25	25	Examiner, the Attorney General, and access to records. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Health – General 10
29	29	Section 5–311 11
30	30	Annotated Code of Maryland 12
31	31	(2019 Replacement Volume and 2021 Supplement) 13
32	32
33	33	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
34	34	That the Laws of Maryland read as follows: 15
35	35
36	36	Article – Health – General 16
37	37
38	38	5–311. 17
39	39
40	40	(a) (1) The Office of the Chief Medical Examiner shall keep complete records 18
41	41	on each medical examiner’s case. 19
42	42
43	43	(2) The records shall be indexed properly and include: 20
44	44
45	45	(i) The name, if known, of the deceased; 21
46	46
47	47	(ii) The place where the body was found; 22
48	48	2 SENATE BILL 779
49	49
50	50
51	51	(iii) The date, cause, and manner of death; and 1
52	52
53	53	(iv) All other available information about the death. 2
54	54
55	55	(b) The original report of the medical examiner who investigates a medical 3
56	56	examiner’s case and the findings and conclusions of any autopsy shall be attached to the 4
57	57	record of the medical examiner’s case. 5
58	58
59	59	(c) The Chief Medical Examiner or, if the Chief Medical Examiner is absent or 6
60	60	cannot act, the Deputy Chief Medical Examiner or an assistant medical examiner, and each 7
61	61	deputy medical examiner promptly shall deliver to the State’s Attorney for the county 8
62	62	where the body was found a copy of each record that relates to a death for which the medical 9
63	63	examiner considers further investigation advisable. A State’s Attorney may obtain from the 10
64	64	office of a medical examiner a copy of any record or other information that the State’s 11
65	65	Attorney considers necessary. 12
66	66
67	67	(d) (1) In this subsection, “record”: 13
68	68
69	69	(i) Means the result of an external examination of or an autopsy on 14
70	70	a body; and 15
71	71
72	72	(ii) Does not include a statement of a witness or other individual. 16
73	73
74	74	(2) A record of the Office of the Chief Medical Examiner or any deputy 17
75	75	medical examiner, if made by the medical examiner or by anyone under the medical 18
76	76	examiner’s direct supervision or control, or a certified transcript of that record, is competent 19
77	77	evidence in any court in this State of the matters and facts contained in it. 20
78	78
79	79	(e) (1) The Office of the Chief Medical Examiner shall charge a reasonable fee 21
80	80	for reports as specified in a schedule of fees defined in the regulations of the Office of the 22
81	81	Chief Medical Examiner. 23
82	82
83	83	(2) A deputy medical examiner may keep any fee collected by the deputy 24
84	84	medical examiner. 25
85	85
86	86	(F) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 26
87	87	MEANINGS INDICATED . 27
88	88
89	89	(II) “DOCUMENTARY MATERIAL ” HAS THE MEANING STAT ED IN 28
90	90	§ 2–601 OF THIS ARTICLE. 29
91	91
92	92	(III) “RECORD”: 30
93	93
94	94	1. MEANS THE ORIGINAL OR A COPY OF ANY 31
95	95	DOCUMENTARY MATERIAL IN ANY FORM THAT : 32
96	96	SENATE BILL 779 3
97	97
98	98
99	99	A. IS IN THE CUSTODY OF THE OFFICE OF THE CHIEF 1
100	100	MEDICAL EXAMINER; AND 2
101	101
102	102	B. RELATES TO THE OPERAT ION OF THE OFFICE OF THE 3
103	103	CHIEF MEDICAL EXAMINER; AND 4
104	104
105	105	2. INCLUDES A MEDICAL RE CORD AS DEFINED IN § 5
106	106	4–301(J) OF THIS ARTICLE. 6
107	107
108	108	(2) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THE OFFICE 7
109	109	OF THE CHIEF MEDICAL EXAMINER SHALL PROVID E THE ATTORNEY GENERAL OR 8
110	110	THE ATTORNEY GENERAL’S DESIGNEE WITH ANY RECORD REQUESTED BY THE 9
111	111	ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S DESIGNEE FOR THE PUR POSE 10
112	112	OF CONDUCTING A LEGA L COMPLIANCE AUDIT O F POTENTIAL BIAS IN THE 11
113	113	OPERATION OF THE OFFICE OF THE CHIEF MEDICAL EXAMINER. 12
114	114
115	115	(3) THE OFFICE OF THE CHIEF MEDICAL EXAMINER MAY NOT 13
116	116	CHARGE A FEE FOR PRO VIDING A RECORD UNDE R THIS SUBSECTIO N. 14
117	117
118	118	(4) THE OFFICE OF THE ATTORNEY GENERAL MAY REDISCLOS E ANY 15
119	119	RECORD PROVIDED UNDE R THIS SUBSECTION OU TSIDE THE OFFICE OF THE 16
120	120	ATTORNEY GENERAL ONLY IN ACCOR DANCE WITH: 17
121	121
122	122	(I) TITLE 4 OF THE GENERAL PROVISIONS ARTICLE; AND 18
123	123
124	124	(II) FOR MEDICAL RECORDS , § 4–302(D) OF THIS ARTICLE. 19
125	125
126	126	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
127	127	October 1, 2022. 21
128	128