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Chapter 268
(House Bill 977)
AN ACT concerning
Maryland Department of Health – Office of the Chief Medical Examiner
FOR the purpose of establishing the Office of the Chief Medical Examiner in the Maryland
Department of Health to advance forensic science and carry out other duties as
provided by law; renaming the State Postmortem Examiners Commission to be the
Postmortem Examiners Advisory Committee; establishing the duties o f the
Committee; requiring and authorizing the Department and the Office to perform
certain duties and powers previously performed by the Commission; altering the type
and number of certain medical doctors the Office is required to employ; authorizing
the Department to contract with a physician for employment with the Office on a per
diem basis; altering the time period within which certain assistant medical
examiners must obtain a certain certification; requiring the Secretary of Health to
consult with the Committee on matters related to the employment of the Chief
Medical Examiner; prohibiting the Department and the Committee from interfering
with certain clinical findings and conclusions by the Office; prohibiting the reduction
of the allowance of certain individuals who are receiving a service retirement
allowance or vested allowance from the State Retirement and Pension System and
are reemployed on a contractual basis by the Department as health care
practitioners in the Office; and generally relating to the Office of the Chief Medical
Examiner.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 2–106, 5–301 through 5–307, and 5–309 through 5–312
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing
Article – Health – General
Section 5–308
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – State Personnel and Pensions
Section 23–407(a), (b), and (c)(1)(iii), (2), and (3)
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – State Personnel and Pensions Ch. 268 2023 LAWS OF MARYLAND
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Section 23–407(c)(4)(vi)
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
2–106.
(a) The following units are in the Department:
(1) Anatomy Board.
(2) Behavioral Health Administration.
(3) Developmental Disabilities Administration.
(4) Health Services Cost Review Commission.
(5) Maryland Psychiatric Research Center.
(6) [Postmortem Examiners Commission ] OFFICE OF THE CHIEF
MEDICAL EXAMINER.
(7) Board of Examiners for Audiologists, HEARING AID DISPENSERS,
SPEECH–LANGUAGE PATHOLOGISTS , AND MUSIC THERAPISTS.
(8) Board of Chiropractic Examiners.
(9) Board of Dental Examiners.
(10) Board of Dietetic Practice.
(11) Board of Electrologists.
(12) Board of Morticians AND FUNERAL DIRECTORS.
(13) Board of Nursing.
(14) Board of Examiners of [Nursing Home] LONG–TERM CARE
Administrators.
(15) Board of Occupational Therapy Practice.
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(16) Board of Examiners in Optometry.
(17) Board of Pharmacy.
(18) Board of Physical Therapy Examiners.
(19) Board of Physicians.
(20) Board of [Podiatry] PODIATRIC MEDICAL Examiners.
(21) Board of Professional Counselors and Therapists.
(22) Board of Examiners of Psychologists.
(23) Board of Social Work Examiners.
(24) ACUPUNCTURE Board [of Examiners for Speech –Language
Pathologists].
(25) BOARD OF MASSAGE THERAPY EXAMINERS.
(26) BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE
PROGRAM PROFESSIONALS .
(27) BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS.
(b) The Department also includes every other unit that is in the Department
under any other law.
(c) The Secretary has the authority and powers specifically granted to the
Secretary by law over the units in the Department. All authority and powers not so granted
to the Secretary are reserved to those units free of the control of the Secretary.
5–301.
(a) In this subtitle the following words have the meanings indicated.
(b) [“Commission”] “COMMITTEE” means the [State] Postmortem Examiners
[Commission] ADVISORY COMMITTEE.
(c) “Medical examiner’s case” means a death that a medical examiner is required
by law to investigate.
(D) “OFFICE” MEANS THE OFFICE OF THE CHIEF MEDICAL EXAMINER.
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(A) There is [a State Postmortem Examiners Commission] AN OFFICE OF THE
CHIEF MEDICAL EXAMINER in the Department.
(B) THE OFFICE SHALL:
(1) AS ALLOWED BY STAFFIN G, ADVANCE FORENSIC SCI ENCE
THROUGH MEDICAL EDUC ATION AND RESEARCH ; AND
(2) CARRY OUT ANY OTHER DUTY ESTABLISH ED IN LAW.
5–303.
(a) THERE IS A POSTMORTEM EXAMINERS ADVISORY COMMITTEE.
(B) The [Commission] COMMITTEE consists of the following [5] members:
(1) The Baltimore City Commissioner of Health;
(2) The head of the Pathology Department of the University of Maryland
School of Medicine;
(3) The head of the Pathology Department of Johns Hopkins University
School of Medicine;
(4) The Secretary of State Police; [and]
(5) A representative of the Department, chosen by the Secretary; AND
(6) ANY OTHER INDIVIDUAL APPOINTED BY THE SECRETARY, IN
CONSULTATION WITH TH E OFFICE.
[(b)] (C) [(1)] From among [its] THE COMMITTEE members, the
[Commission] SECRETARY shall [elect a chairman and a vice chairman] APPOINT A
CHAIR.
[(2) The manner of election of officers and their terms of office shall be as
the Commission determines.
(3) The vice chairman shall act as chairman when the chairman is absent
or cannot act.]
(D) THE COMMITTEE SHALL ADVIS E THE SECRETARY AND THE OFFICE ON:
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(1) THE IMPLEMENTATION OF THIS SUBTITLE; AND
(2) CARRYING OUT THE OFFICE’S DUTIES.
5–304.
(a) The [Commission] COMMITTEE shall determine the times and places of its
meetings.
(b) A member of the [Commission] COMMITTEE may not receive compensation
FOR PERFORMING COMMITTEE DUTIES .
5–305.
(a) (1) The [Commission] DEPARTMENT may employ a staff in accordance
with the State budget for the operation of the [Commission] OFFICE and to maintain
accreditation.
(2) The staff shall include:
(i) 1 chief medical examiner;
(ii) 2 deputy chief medical examiners;
(iii) Assistant medical examiners;
(iv) 1 chief State toxicologist, 1 deputy chief State toxicologist, lead
toxicologists, and assistant toxicologists;
(v) 1 serologist;
(vi) [4 resident] IN ACCORDANCE WITH TH E NUMBER OF
POSITIONS APPROVED B Y THE ACCREDITATION COUNCIL FOR GRADUATE MEDICAL
EDUCATION, FELLOW medical doctors who are training in forensic pathology;
(vii) 1 chief forensic investigator, 2 deputy chief forensic
investigators, lead forensic investigators, and assistant forensic investigators; and
(viii) 1 autopsy services supervisor, 1 deputy supervisor, lead autopsy
technicians, and assistant autopsy technicians.
(3) [The Commission] NOTWITHSTANDING ANY O THER PROVISION OF
LAW, THE DEPARTMENT may employ any physician on a contract basis for part–time
services OR PER DIEM SERVICES .
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(4) The Department shall ensure that the number of staff employed by the
Commission AT THE OFFICE does not fall to a level that would constitute a Phase II
violation according to the National Association of Medical Examiners.
(b) (1) The Chief Medical Examiner and deputy chief medical examiners shall
be board certified in anatomic and forensic pathology by the American Board of Pathology.
(2) Assistant medical examiners appointed on or after October 1, 2008,
shall be certified by the American Board of Pathology in anatomic and forensic pathology
or obtain that certification within [3 years of appointment] THE ASSISTANT MEDICA L
EXAMINER’S PERIOD OF BOARD EL IGIBILITY PROVIDED B Y THE AMERICAN BOARD
OF PATHOLOGY.
(3) THE SECRETARY SHALL CONSU LT WITH THE COMMITTEE
REGARDING MATTERS RE LATED TO THE EMPLOYM ENT OF THE CHIEF MEDICAL
EXAMINER.
(c) With the approval of the Secretary of Budget and Management, the
[Commission] DEPARTMENT shall set the compensation for personnel appointed under
subsection (a)(2) of this section.
(d) [For the use of these medical examiners, the Commission] THE OFFICE shall
see that proper equipment is provided FOR THE MEDICAL EXAM INERS.
(e) The Chief Medical Examiner, a deputy chief medical examiner, or an assistant
medical examiner shall be on call at all times to perform the duties set forth in this subtitle.
(f) The State budget shall include an appropriation to carry out this subtitle,
including provisions for:
(1) The fee for an authorized pathologist;
(2) The necessary expenses for transportation of a body for examination by
a medical examiner or for autopsy; and
(3) In the case of a victim of homicide, the necessary expenses for
transportation of the body from the site of the autopsy or examination to a location within
the State specified by the victim’s family.
5–306.
(a) This section does not apply to Baltimore City.
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(b) (1) [The Commission] SUBJECT TO PARAGRAPH (2) OF THIS
SUBSECTION, THE OFFICE may appoint one or more deputy medical examiners and
forensic investigators for each county.
(2) (I) The [Commission] OFFICE shall appoint a deputy medical
examiner for a county from a list of qualified individuals submitted to the [Commission]
OFFICE by the medical society of the county.
(II) The number of names on the list shall be at least twice the
number of vacancies. [However, if]
(III) IF a county does not have a medical society or if the medical
society does not submit a list of names, the [Commission] OFFICE may appoint a deputy
medical examiner for the county without a list.
(c) Each deputy medical examiner appointed under subsection (b) of this section
shall be a physician.
(d) If necessary, a deputy medical examiner may deputize another physician in
the county to act as deputy medical examiner.
(e) Each deputy medical examiner is entitled:
(1) For each medical examiner’s case that the examiner investigates, to a
fee that is set in accordance with the State budget;
(2) If the examiner is called as a witness before a grand jury or in a criminal
case, to the fee that the court sets; and
(3) To any additional compensation that a county provides.
5–307.
The [Commission] DEPARTMENT , IN CONSULTATION WITH THE COMMITTEE,
may adopt rules and regulations to carry out the provisions of this subtitle.
[5–308.
(a) The power of the Secretary over plans, proposals, and projects of units in the
Department does not include the power to disapprove or modify any decision or
determination that the Commission makes under authority specifically delegated by law to
the Commission.
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(b) The power of the Secretary to transfer by rule, regulation, or written directive,
any staff, functions, or funds of units in the Department does not apply to any staff,
function, or funds of the Commission.]
[5–309.] 5–308.
(a) (1) A medical examiner shall investigate the death of a human being if the
death occurs:
(i) By violence;
(ii) By suicide;
(iii) By casualty;
(iv) Suddenly, if the deceased was in apparent good health or
unattended by a physician; or
(v) In any suspicious or unusual manner.
(2) A medical examiner shall investigate the death of a human fetus if:
(i) Regardless of the duration of the pregnancy, the death occurs
before the complete expulsion or extraction of the fetus from the mother; and
(ii) The mother is not attended by a physician at or after the delivery.
(b) If a medical examiner’s case occurs, the police or sheriff immediately shall
notify the medical examiner and State’s Attorney for the county where the body is found
and give the known facts concerning the time, place, manner, and circumstances of the
death.
(c) Immediately on notification that a medical examiner’s case has occurred, the
medical examiner or an investigator of the medical examiner shall go to and take charge of
the body. The medical examiner or the investigator shall investigate fully the essential facts
concerning the medical cause of death and, before leaving the premises, reduce these facts
and the names and addresses of witnesses to writing, which shall be filed in the medical
examiner’s office.
(d) The medical examiner or the investigator shall take possession of and deliver
to the State’s Attorney or the State’s Attorney’s designee any object or article that, in the
opinion of the medical examiner or the investigator, may be useful in establishing the cause
of death.
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(e) (1) If the next of kin of the deceased is not present at the investigation, the
police officer or sheriff at the investigation or, if a police officer or sheriff is not present, the
medical examiner or the investigator shall:
(i) Take possession of all property of value found on the body;
(ii) In the report of the death, make an exact inventory of the
property; and
(iii) Deliver the property to the appropriate sheriff or police
department.
(2) The sheriff or police department shall surrender the property to the
person who is entitled to its possession or custody.
(f) (1) If the case involves the unexpected death of a child, the medical
examiner shall notify the chairperson of the local child fatality review team for the county
in which the child resided.
(2) If the case involves the death of a child and the death is believed to be
caused by abuse or neglect, or there is evidence suggesting that the child was a victim of
abuse or neglect, the Office of the Chief Medical Examiner shall orally report the findings
and deliver a copy of the child’s final autopsy report to the local department of social
services and the local law enforcement agency of the county in which the child last resided
in accordance with § 5–704 of the Family Law Article.
[5–310.] 5–309.
(a) If the cause of death is established to a reasonable degree of medical certainty,
the medical examiner who investigates the case shall file in the medical examiner’s office
a report on the cause of death within 30 days after notification of the case.
(b) (1) If the medical examiner who investigates a medical examiner’s case
considers an autopsy necessary, the Chief Medical Examiner, a deputy chief medical
examiner, an assistant medical examiner, or a pathologist authorized by the Chief Medical
Examiner shall perform the autopsy.
(2) If the family of the deceased objects to an autopsy on religious grounds,
the autopsy may not be performed unless authorized by the Chief Medical Examiner or by
the Chief Medical Examiner’s designee.
(3) (i) In accordance with normal standards of medical practice, the
medical examiner performing the autopsy may retain any medical evidence, tissue, or organ
needed to carry out the duties of this subtitle.
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(ii) The medical examiner shall dispose of any medical evidence,
tissue, or organ under subparagraph (i) of this paragraph in accordance with normal
standards of medical practice.
(c) (1) A medical examiner shall conduct an autopsy of any fire fighter and any
sworn personnel of the State Fire Marshal’s Office who dies in the line of duty or as a result
of injuries sustained in the line of duty.
(2) The autopsy shall include:
(i) A toxicological analysis for toxic fumes;
(ii) Gross and microscopic studies of heart, lung, and any other
tissue involved;
(iii) Appropriate studies of blood and urine; and
(iv) Appropriate studies of body fluids and body tissues.
(3) If the medical examiner determines toxic fumes were the cause of death,
the medical examiner shall:
(i) Investigate to the extent possible the source of the fumes; and
(ii) Prepare a written report on the specific effects of the fumes on
human tissue.
(4) The autopsy and analysis shall be sufficient to determine eligibility for
benefits under the federal Public Safety Officers’ Benefits Act of 1976.
(d) (1) (i) The individual who performs the autopsy shall prepare detailed
written findings during the progress of the autopsy.
(ii) The findings prepared under subparagraph (i) of this paragraph
and the conclusions drawn from them shall be filed in the office of the medical examiner for
the county where the death occurred.
(iii) The original copy of the findings and conclusions shall be filed in
the [office of the Chief Medical Examiner] OFFICE.
(IV) THE DEPARTMENT AND THE COMMITTEE MAY NOT
INTERFERE WITH THE C LINICAL FINDINGS OR CONCLUSIONS PREPARED UNDER
SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH .
(2) (i) Except in a case of a finding of homicide, a person in interest as
defined in § 4–101(e) of the General Provisions Article may request the medical examiner WES MOORE, Governor Ch. 268
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to correct findings and conclusions on the cause and manner of death recorded on a
certificate of death under § 4–502 of the General Provisions Article within 60 days after the
medical examiner files those findings and conclusions.
(ii) 1. If the Chief Medical Examiner denies the request of a
person in interest to correct findings and conclusions on the cause and manner of death,
the person in interest may appeal the denial to the Secretary, who shall refer the matter to
the Office of Administrative Hearings.
2. A contested case hearing under this subparagraph shall be
a hearing both on the denial and on the establishment of the findings and conclusions on
the cause and manner of death.
(iii) The administrative law judge shall submit findings of fact to the
Secretary.
(iv) After reviewing the findings of the administrative law judge, the
Secretary, or the Secretary’s designee, shall issue an order to:
1. Adopt the findings of the administrative law judge; or
2. Reject the findings of the administrative law judge, and
affirm the findings of the medical examiner.
(v) The appellant may appeal a rejection under subparagraph (iv)2
of this paragraph to a circuit court of competent jurisdiction.
(vi) If the final decision of the Secretary, or of the Secretary’s
designee, or of a court of competent jurisdiction on appeal, establishes a different finding
or conclusion on the cause or manner of death of a deceased than that recorded on the
certificate of death, the medical examiner shall amend the certificate to reflect the different
finding or conclusion under §§ 4–212 and 4–214 of this article and § 4–502 of the General
Provisions Article.
(vii) The final decision of the Secretary, or the Secretary’s designee,
or of a court under this paragraph may not give rise to any presumption concerning the
application of any provision of or the resolution of any claim concerning a policy of insurance
relating to the deceased.
(viii) If the findings of the medical examiner are upheld by the
Secretary, the appellant is responsible for the costs of the contested case hearing.
Otherwise, the Department is responsible for the costs of the hearing.
(e) The Chief Medical Examiner shall set a reasonable fee for performing an
autopsy by an authorized pathologist.
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[5–311.] 5–310.
(a) (1) The Office of the Chief Medical Examiner shall keep complete records
on each medical examiner’s case.
(2) The records shall be indexed properly and include:
(i) The name, if known, of the deceased;
(ii) The place where the body was found;
(iii) The date, cause, and manner of death; and
(iv) All other available information about the death.
(b) The original report of the medical examiner who investigates a medical
examiner’s case and the findings and conclusions of any autopsy shall be attached to the
record of the medical examiner’s case.
(c) The Chief Medical Examiner or, if the Chief Medical Examiner is absent or
cannot act, the Deputy Chief Medical Examiner or an assistant medical examiner, and each
deputy medical examiner promptly shall deliver to the State’s Attorney for the county
where the body was found a copy of each record that relates to a death for which the medical
examiner considers further investigation advisable. A State’s Attorney may obtain from the
office of a medical examiner a copy of any record or other information that the State’s
Attorney considers necessary.
(d) (1) In this subsection, “record”:
(i) Means the result of an external examination of or an autopsy on
a body; and
(ii) Does not include a statement of a witness or other individual.
(2) A record of the Office of the Chief Medical Examiner or any deputy
medical examiner, if made by the medical examiner or by anyone under the medical
examiner’s direct supervision or control, or a certified transcript of that record, is competent
evidence in any court in this State of the matters and facts contained in it.
(e) (1) The Office of the Chief Medical Examiner shall charge a reasonable fee
for reports as specified in a schedule of fees defined in the regulations of the Office of the
Chief Medical Examiner.
(2) A deputy medical examiner may keep any fee collected by the deputy
medical examiner.
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[5–312.] 5–311.
Subject to the limitations in [§ 5–311(c)] § 5–310(C) of this subtitle, a medical
examiner may administer oaths, take affidavits, and make examinations as to any matter
within the medical examiner’s jurisdiction.
Article – State Personnel and Pensions
23–407.
(a) In this section, “area of critical shortage” means an academic field identified
by the State Department of Education in accordance with the provisions of § 18–703(g)(1)
of the Education Article as having projected employment vacancies that substantially
exceed projected qualified graduates.
(b) Except as provided in subsection (d) of this section, an individual who is
receiving a service retirement allowance or a vested allowance may accept employment
with a participating employer on a permanent, temporary, or contractual basis, if:
(1) the individual immediately notifies the Board of Trustees of the
individual’s intention to accept this employment; and
(2) the individual specifies the compensation to be received.
(c) (1) Except as provided in § 23–408 of this subtitle, the Board of Trustees
shall reduce the allowance of an individual who accepts employment as provided under
subsection (b) of this section if:
(iii) the individual becomes reemployed within 12 months of
receiving an early service retirement allowance or an early vested allowance computed
under § 23–402 of this subtitle.
(2) (i) Except as provided in subparagraph (ii) of this paragraph and
subject to subparagraphs (iii) and (iv) of this paragraph, the reduction required under
paragraph (1) of this subsection shall equal:
1. the amount by which the sum of the individual’s initial
annual basic allowance and the individual’s annual compensation exceeds the average final
compensation used to compute the basic allowance; or
2. for a retiree who retired under the Workforce Reduction
Act (Chapter 353 of the Acts of 1996), the amount by which the sum of the retiree’s annual
compensation and the retiree’s annual basic allowance at the time of retirement, including
the incentive provided by the Workforce Reduction Act, exceeds the average final
compensation used to compute the basic allowance.
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(ii) 1. This subparagraph applies to a retiree of the Teachers’
Pension System who as faculty receiving a 10–month salary, retired directly from:
A. the University System of Maryland;
B. Morgan State University;
C. St. Mary’s College; or
D. a community college established or operating under Title
16 of the Education Article.
2. The reduction required under paragraph (1) of this
subsection shall equal the amount by which the sum of the retiree’s initial annual basic
allowance and the retiree’s annual compensation, as calculated in subsubparagraph 3 of
this subparagraph, exceeds the average final compensation of the retiree used to compute
the basic allowance.
3. The calculation of the retiree’s annual compensation in
subsubparagraph 2 of this subparagraph does not include any of the following earnings the
retiree received during the previous calendar year from the employer with whom the retiree
is reemployed:
A. bonuses;
B. overtime;
C. summer school salaries;
D. adult education salary;
E. additional temporary payments from special research
projects;
F. honorariums; and
G. vehicle stipends.
(iii) Any reduction taken under this subsection may not reduce the
retiree’s allowance to an amount less than the required deduction for:
1. if the retiree retired from any unit of State government,
the retiree’s monthly State–approved medical insurance premiums; or
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2. if the retiree retired from a participating employer other
than the State, the approved monthly medical insurance premiums required by the
participating employer that employed the retiree at the time of the retiree’s retirement.
(iv) The Board of Trustees shall recover from the retiree any
difference between the reduction required under subparagraph (i) of this paragraph and
the reduction taken under subparagraph (iii) of this paragraph.
(3) A reduction of an early service retirement allowance or an early vested
allowance under paragraph (1)(iii) of this subsection shall be applied only until the
individual has received an allowance for 12 months.
(4) Except for an individual whose allowance is subject to a reduction as
provided under paragraphs (1)(iii) and (3) of this subsection, the reduction of an allowance
under this subsection does not apply to:
(vi) a retiree of the Employees’ Pension System who is reemployed on
a contractual basis by the Maryland Department of Health as a health care practitioner, as
defined in § 1–301 of the Health Occupations Article in:
1. a State residential center as defined in § 7–101 of the
Health – General Article;
2. a chronic disease center subject to Title 19, Subtitle 5 of
the Health – General Article;
3. a State facility as defined in § 10–101 of the Health –
General Article; [or]
4. a local health department subject to Title 3, Subtitle 2 of
the Health – General Article; OR
5. THE OFFICE OF THE CHIEF MEDICAL EXAMINER;
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023.
Approved by the Governor, May 3, 2023.