Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB354 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SB354 HFLR Page 1
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	3	+	ENGR. S. B. NO. 354 Page 1 1
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28		-
29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 58th Legislature (2021)
34	27
35	28		ENGROSSED SENATE
36	29		BILL NO. 354 By: Bergstrom of the Senate
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38	31		and
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40	33		Davis of the House
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45	38		An Act relating to out-of-state transport of dead
46	39		bodies; providing for deaths in certain counties with
47	40		shared state jurisdiction al boundaries; authorizing
48	41		release of body to funeral director in adjoining out -
49	42		of-state county under certain conditions; stating
50	43		eligible types of deaths; defining term; requiring a
51	44		release statement; direct ing certificate of death be
52	45		filed within certain time; establishing requirements
53	46		for out-of-state funeral director to participate in
54	47		removing eligible bod ies from this state; directing
55	48		out-of-state licenses be filed each year; restricting
56	49		transport to certain vehicle; prohibiting other
57	50		methods of transport; subjecting out-of-state funeral
58	51		director to state jurisdiction; requiring return of
59	52		body for investigation ; directing jurisdictional hold
60	53		on certain bodies; stating jurisdictional hold
61	54		period; making jurisdictional hold automatically
62	55		expire; providing exception to automatic expiration
63	56		time; authorizing the Board of Medicolegal
64	57		Investigations and Chief Medical Examiner to
65	58		promulgate rules, proced ures and forms; providing
66	59		alternative to promulgated form; construing
67	60		provisions; amending 63 O.S. 2011, Section 1-317, as
68	61		last amended by Section 2, Chapter 305, O.S.L. 2019
69	62		(63 O.S. Supp. 2020, Section 1 -317), which relates to
70	63		filing death certificate s; requiring certain out-of-
71	64		state funeral directors to file death cert ificates;
72	65		modifying language; amending 63 O.S. 2011, Section 1-
73	66		329.1, as amended by Section 2, Chapter 385, O.S.L.
74	67		2017 (63 O.S. Supp. 2020, Section 1 -329.1), which
75	68		relates to cremation permits; excepting certain
	69	+	eligible deaths from cremation fee and perm it;
	70	+	amending 63 O.S. 2011, Section 938, as ame nded by
	71	+	Section 6, Chapter 293, O.S.L. 2014 (63 O.S. Supp.
	72	+	2020, Section 938), which relates to types of deaths
	73	+	to be investigated; providing certain exception for
	74	+	required investigation; amending 63 O.S. 2011,
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77		-	SB354 HFLR Page 2
78		-	BOLD FACE denotes Committee Amendments. 1
	76	+	ENGR. S. B. NO. 354 Page 2 1
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103		-	eligible deaths from cremation fee and permit;
104		-	amending 63 O.S. 201 1, Section 938, as amended by
105		-	Section 6, Chapter 293, O.S.L. 2014 (63 O.S. Supp.
106		-	2020, Section 938), which relates to types of deaths
107		-	to be investigated; providing certain exception for
108		-	required investigation; amending 63 O.S. 2011,
109	101		Section 947, as amended by Section 16, Cha pter 293,
110	102		O.S.L. 2014 (63 O.S. Supp. 2020, Section 947), which
111	103		relates to certificate of death; exempting medical
112	104		examiner certificate of death for certain deaths;
113	105		amending 63 O.S. 2011, Section 94 8.1, as last amended
114	106		by Section 9, Chapter 85, O.S.L. 2015 (63 O.S. Supp.
115	107		2020, Section 948.1), which relates to fee schedule ;
116	108		exempting certain deaths from certain fees an d
117	109		permits; providing for codification; providing an
118	110		effective date; and declaring an emergency.
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123	115		BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLA HOMA:
124	116		SECTION 1. NEW LAW A new section of law to be codified
125	117		in the Oklahoma Statutes as Section 955.1 of Title 63, unless there
126	118		is created a duplication in nu mbering, reads as follows:
127	119		A. When a death occurs in a county of this st ate that adjoins a
128	120		county of another state by a shared state jurisdictional boundary,
129	121		and the person legally entitled to take custody of the deceased
130	122		person’s body in this state desires to utilize the funeral services
131	123		of an out-of-state funeral establishment located in the adjoining
132	124		out-of-state county, the dead body may be released to such person
133	125		without a medical examiner’s investigation or this state’s
134	126		requirement for an out-of-state transport permit or cremation permit
135	127		provided the out-of-state funeral director is in compliance with the
	128	+	provisions of this section and the death is one of the following
	129	+	types:
	130	+	1. A natural death that occurs from natural causes such as age
	131	+	or disease. For purposes of this section, a “natural death”
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137		-	SB354 HFLR Page 3
138		-	BOLD FACE denotes Committee Amendments. 1
	133	+	ENGR. S. B. NO. 354 Page 3 1
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163		-	provisions of this section and the death is one of the following
164		-	types:
165		-	1. A natural death that occurs from natural causes such as age
166		-	or disease. For purposes of this section, a “natural death”
167	158		specifically excludes any death caused by or suspected to be caused
168	159		by accident, injury, violence, homicide, suicide, medical procedure
169	160		or equipment, unnatural or unusual circumstances, a disease that may
170	161		be a threat to public safety or a suspicious or undetermined cause;
171	162		2. An attended death caused by a diagnosed illness, disease or
172	163		condition that occurs under medical supervision in an Oklahoma
173	164		licensed medical facility or hospital excluding a medically
174	165		unexpected death or a death that occurs during the course of a
175	166		therapeutic procedure;
176	167		3. A stillbirth that occurs under medical supervision in an
177	168		Oklahoma licensed medical facility or hospital that was known in
178	169		advance or medically anticipated prior to delivery;
179	170		4. An attended death caused by a diagnosed fatal or potentially
180	171		fatal illness, disease or condition that occurs under medical
181	172		supervision in an Oklahoma licensed hospice care facility;
182	173		5. An attended death caused by a diagnosed fatal or potentially
183	174		fatal illness, disease or condition that occurs under licensed
184	175		hospice supervision at home; or
185	176		6. An attended death caused by a diagnosed fatal or potentially
186	177		fatal illness, disease or condition or a natural death that occurs
	178	+	under medical supervision in an Oklahoma licensed nursing home or
	179	+	medical-assisted care facility.
	180	+	B. The types of deaths eligible for removal from the
	181	+	jurisdiction of the county of death in t his state to the adjoining
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188		-	SB354 HFLR Page 4
189		-	BOLD FACE denotes Committee Amendments. 1
	183	+	ENGR. S. B. NO. 354 Page 4 1
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214		-	under medical supervision in an Oklahoma licensed nursing home or
215		-	medical-assisted care facility.
216		-	B. The types of deaths eligible for removal from the
217		-	jurisdiction of the county of death in this state to the adjoining
218	208		out-of-state county for funeral services as authorized by subsection
219	209		A of this section shall require a signed release by the person
220	210		legally entitled to take custody of the deceased person’s body that
221	211		contains a clear statement that the body will be removed to the
222	212		named funeral establish ment in the adjoining out -of-state county for
223	213		professional funeral services. The out-of-state funeral director is
224	214		required to file the release statement with the Office of Chief
225	215		Medical Examiner within twenty-four (24) hours of taking custody of
226	216		the body. The filing may be completed by electronic or digit al
227	217		means as authorized by the Chief Medical Examiner.
228	218		C. The person legally entitled to take custody of the deceased
229	219		person’s body or the attending med ical professional or physician
230	220		shall personally sign and file the death certificate within seventy-
231	221		two (72) hours after the death as provided in Section 1-317 of Title
232	222		63 of the Oklahoma Statutes.
233	223		D. Prior to removing a dead body from this state pursuant to
234	224		the authority of this section, the out-of-state funeral director
235	225		shall have on file with the Office of the Chief Medical Examiner in
236	226		this state and the county sheriff of the county of this state that
237	227		adjoins the out-of-state county where the funeral establishment is
	228	+	located a certified copy of the valid license for the out-of-state
	229	+	funeral establishment and his or her funeral director license at the
	230	+	same address. The physical location of the funeral establishment
	231	+	shall be in the adjoining out-of-state county to the county in this
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239		-	SB354 HFLR Page 5
240		-	BOLD FACE denotes Committee Amendments. 1
	233	+	ENGR. S. B. NO. 354 Page 5 1
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265		-	located a certified copy of the valid license for the out -of-state
266		-	funeral establishment and his or her funeral director license at the
267		-	same address. The physical location of the funeral establishment
268		-	shall be in the adjoining out -of-state county to the county in this
269	258		state where the death occurred and shall be the same place where the
270	259		dead body will be taken for funeral services . The out-of-state
271	260		licenses may be filed once each year and shall be valid for purposes
272	261		of this section during the license term or calendar year, whichever
273	262		occurs first.
274	263		E. Removal and transport of an eligible and authorized dead
275	264		body from the county of death in this state to the adjoining out-of-
276	265		state county for funeral services pursuant to the provisions of this
277	266		section shall be made by the out-of-state funeral director in the
278	267		funeral establishment’s private funeral vehicle. The dead body
279	268		shall not be shipped, transported by any commercial carrier or
280	269		transported by any other type of vehicle or method.
281	270		F. By filing an out-of-state funeral establishment license and
282	271		an out-of-state funeral director license in thi s state as authorized
283	272		by this section, the funeral establishment and funeral director each
284	273		submit to the jurisdiction of this state for purposes of making and
285	274		filing reports, certificates and documents required for processing a
286	275		death in this state and furt her each voluntarily agrees to be
287	276		responsible for the costs of return of the dead body removed from
288	277		this state upon request of an Oklahoma law enforcement officer ,
	278	+	district attorney or Chief Medical Examiner as required for
	279	+	investigation of the death. A State of Oklahoma jurisdictional hold
	280	+	shall be placed on a dead body removed under the provisions of this
	281	+	section for seventy-two (72) hours during which time no burial or
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290		-	SB354 HFLR Page 6
291		-	BOLD FACE denotes Committee Amendments. 1
	283	+	ENGR. S. B. NO. 354 Page 6 1
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316		-	district attorney or Chief Medical Examiner as required for
317		-	investigation of the death. A State of Oklahoma jurisdictional hold
318		-	shall be placed on a dead body removed under the provisions of this
319		-	section for seventy-two (72) hours during which time no burial or
320	308		cremation is authorized by the out-of-state funeral director . The
321	309		jurisdictional hold shall automatically expire after seventy-two
322	310		(72) hours from the time the dead body is removed from this state
323	311		unless the body is required to be returned to this state for
324	312		investigation.
325	313		G. For purposes of this section, the attending medical
326	314		professional or physician shall complete the medical certification
327	315		of death within forty-eight (48) hours after death as required by
328	316		law pursuant to Section 1-317 of Title 63 of the Oklahoma Statutes.
329	317		H. The Board of Medicolegal Investigations together with the
330	318		Chief Medical Examiner may promulgate rules, procedures and forms to
331	319		implement and enforce the provisions of this section. In the
332	320		alternative to a promulgated form, the Chief Medical E xaminer may
333	321		accept a written release statement prepared and filed by the out-of-
334	322		state funeral director for an eligible and authorized dea th.
335	323		I. Nothing in this section shall be construed to restrict or
336	324		expand the transport, cremation or any permit issuance for a dead
337	325		body into or out of this state as authorized by another provision of
338	326		law in this state or the laws of another state’s jurisdiction.
	327	+	SECTION 2. AMENDATORY 63 O.S. 2011, Section 1-317, as
	328	+	last amended by Section 2, Chapter 305, O.S.L. 2019 (63 O.S. Supp.
	329	+	2020, Section 1-317), is amended to read as fo llows:
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341		-	BOLD FACE denotes Committee Amendments. 1
	331	+	ENGR. S. B. NO. 354 Page 7 1
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366		-	SECTION 2. AMENDATORY 63 O.S. 2011, Section 1 -317, as
367		-	last amended by Section 2, Chapter 305, O.S.L. 2019 (63 O.S. Supp.
368		-	2020, Section 1-317), is amended to read as follows:
369	356		Section 1-317. A. A death certificate for each d eath which
370	357		occurs in this state shall be filed with the State Department of
371	358		Health, within three (3) days after such death.
372	359		B. The funeral director shall personally sign the death
373	360		certificate and shall be responsible for filing the death
374	361		certificate. If the funeral director is not available, the person
375	362		acting as such who first assumes custody of a dead body in
376	363		accordance with Section 1158 of Title 21 of the Oklahoma Stat utes
377	364		shall personally sign an d file the death certificate. For purposes
378	365		of Section 1 of this act, the out-of-state funeral director shall
379	366		personally sign and shall be responsi ble for filing the death
380	367		certificate in this state. The personal data shall be obtained from
381	368		the next of kin or the best qualified best-qualified person or
382	369		source available. The certificate shall be completed as to personal
383	370		data and delivered to the attending ph ysician or the medical
384	371		examiner responsible for completing the medical certification
385	372		portion of the certificate of d eath within twenty-four (24) hours
386	373		after the death. No later than July 1, 2012, the The personal data,
387	374		and no later than July 1, 2017, the medical certificate portion ,
388	375		shall be entered into the prescribed electronic system provided by
389	376		the State Registrar of Vital Statistics and the information
	377	+	submitted to the State Registrar of Vital Statistics. The resultant
	378	+	certificate produced by the electro nic system shall be provided to
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391		-	SB354 HFLR Page 8
392		-	BOLD FACE denotes Committee Amendments. 1
	380	+	ENGR. S. B. NO. 354 Page 8 1
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417		-	submitted to the State Registrar of Vital Statistics. The resultant
418		-	certificate produced by the electronic system shall be provided to
419	405		the physician or medical examiner for medical certification within
420	406		twenty-four (24) hours after the death.
421	407		C. The medical certification shall be completed and signed
422	408		within forty-eight (48) hours after death by the physicia n in charge
423	409		of the patient’s care for the illness or condition which resulted in
424	410		death, except when inquiry as t o the cause of death is required by
425	411		Section 938 of this title. No later than July 1, 2017, the The
426	412		medical certification portion of certificate dat a shall be entered
427	413		into the prescribed electronic system provided by the State
428	414		Registrar of Vital Statistics and the information submitted to the
429	415		State Registrar of Vital Statistics.
430	416		D. In the event that the physician in charge of the patient ’s
431	417		care for the illness or condition which res ulted in death is not in
432	418		attendance at the time of death, the medical certi fication shall be
433	419		completed and signed wit hin forty-eight (48) hours after death by
434	420		the physician in attendance at the time of death, except:
435	421		1. When the patient is under hospice c are at the time of death,
436	422		the medical certification may be signed by the ho spice’s medical
437	423		director; and
438	424		2. When inquiry as to the cause of death is required by Section
439	425		938 of this title.
	426	+	Provided, that such certification, if signed by other than the
	427	+	attending physician, shall note on the face the name of the
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442		-	BOLD FACE denotes Committee Amendments. 1
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467		-	Provided, that such certification, if signed by other than the
468		-	attending physician, shall note on the face t he name of the
469	454		attending physician and that the information shown is only as
470	455		reported.
471	456		E. A certifier completing cause of death on a certificate of
472	457		death who knows that a lethal dru g, overdose or other means of
473	458		assisting suicide within the meaning of Sections 3141.2 through
474	459		3141.4 of this title caused or contributed to the death shall list
475	460		that means among the chain of events under cause of death or list it
476	461		in the box that describes how the injury occurred. If such means is
477	462		in the chain of events under or in the box that describes how the
478	463		injury occurred, the certifier shall indi cate “suicide” as the
479	464		manner of death.
480	465		SECTION 3. AMENDATORY 63 O.S. 2011, Section 1-329.1, as
481	466		amended by Section 2, Chapter 385, O.S.L. 2017 (63 O.S. Supp. 2020,
482	467		Section 1-329.1), is amended to read as follows:
483	468		Section 1-329.1. Until a permit for disposal has been issued in
484	469		accordance with this section, no dead human body whose death
485	470		occurred within the State of Oklahoma this state shall be cremated,
486	471		buried at sea, or made unavailable for further path ologic study by
487	472		other recognized means of destruction or dissolution of such
488	473		remains, except as otherwise authorized herein.
489	474		When the person legally responsible for disposition of a dead
490	475		human body, whose death occurred or was pronounced within this
	476	+	state, desires that the body be cremated, buried at sea, or made
	477	+	unavailable for further pathologic study by other recognized means
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518		-	state, desires that the body be cremated, buried at sea , or made
519		-	unavailable for further pathologic study by other recognized means
520	504		of destruction or dissolution of such remains, that per son shall
521	505		complete an application -permit form for such procedur e provided by
522	506		the Office of the Chief Medical Examiner. For purposes of Section 1
523	507		of this act, no application-permit shall be required to transport an
524	508		eligible body from the county of death in this state to the
525	509		adjoining out-of-state county for cremation or burial provided the
526	510		body is held by the out-of-state funeral director for the required
527	511		seventy-two (72) hours prior to cremation o r burial. The Office of
528	512		the Chief Medical Examiner, in acco rdance with Section 948.1 of this
529	513		title, shall charge a fee for each cremat ion permit issued. The
530	514		Medical Examiner shall be notified, as required in Section 938 of
531	515		this title. He or she shall perform the required investigation and
532	516		shall issue a valid dea th certificate as required by Section 947 of
533	517		this title and execute the per mit in accordance with rules
534	518		established by the Office of the Chief Medical Examiner. In order
535	519		to be valid, each permit must contain an individual number assigned
536	520		to the particular permit by the Office of the Chief Medical
537	521		Examiner. A copy of the applica tion-permit form and the original
538	522		death certificate shall be filed with the State Registrar. The
539	523		original application -permit form shall be filed by the funeral
540	524		director with the Of fice of the Chief Medical Examiner. Such filing
	525	+	shall occur or be postmark ed within forty-eight (48) hours of the
	526	+	death.
541	527
542		-	SB354 HFLR Page 11
543		-	BOLD FACE denotes Committee Amendments. 1
	528	+	ENGR. S. B. NO. 354 Page 11 1
544	529		2
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567	552
568		-	shall occur or be postmarked within forty -eight (48) hours of the
569		-	death.
570	553		If death occurred or was pronounced outside the geographic
571	554		limits of the State of Oklahoma this state and the body is brought
572	555		into this state for such disposal, a transit permit or a permit for
573	556		removal, issued in accorda nce with the laws and regulations in force
574	557		where the death occurred shall authorize the transportation of the
575	558		body into or through this state and shall be accepted in lieu of a
576	559		certificate of death as required above. A valid permit issued for
577	560		disposal of such body in accordance with the laws in the
578	561		jurisdiction where the body died or death was pronounced shall be
579	562		authority for cremation or burial at sea or to make the body
580	563		otherwise unavailable for further pathologic study by other
581	564		recognized means of dest ruction or dissolution of such remains.
582	565		SECTION 4. NEW LAW A new section of law to be codified
583	566		in the Oklahoma Statutes as Section 941a-1 of Title 63, unless there
584	567		is created a duplication in numb ering, reads as follo ws:
585	568		For an eligible death type enumerated in subsection A of Section
586	569		1 of this act and solely for the purpose authorized in Section 1 of
587	570		this act, the body of the deceased person may be released to the
588	571		person legally entitled to take custody thereof upon a signed
589	572		written release and stateme nt naming the place where the body will
590	573		be transported for funeral services in the adjoining out-of-state
591	574		county, unless an attending medical professional, witness, law
	575	+	enforcement officer or emergency first responder has notified the
	576	+	Chief Medical Examiner, or his or her designee, of the need for
592	577
593		-	SB354 HFLR Page 12
594		-	BOLD FACE denotes Committee Amendments. 1
	578	+	ENGR. S. B. NO. 354 Page 12 1
595	579		2
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618	602
619		-	enforcement officer or emergency first responder has notified the
620		-	Chief Medical Examiner, or his or her designee, of the need for
621	603		further investigation into the cause of death, or has notified the
622	604		appropriate district attorney of such need. In the event
623	605		investigation into the cause of death is required, the body shall be
624	606		held by the medical examiner until such investigation is completed.
625	607		SECTION 5. AMENDATORY 63 O.S. 2011, Section 938, as
626	608		amended by Section 6, Chapter 293, O.S.L. 2014 (63 O.S. Supp. 2020,
627	609		Section 938), is amended to read as follows:
628	610		Section 938. A. All human deaths of the types listed herein
629	611		shall be investigated as provided by law:
630	612		1. Violent deaths, whether ap parently homicidal, suicidal , or
631	613		accidental;
632	614		2. Deaths under suspicious, u nusual or unnatural circumstances;
633	615		3. Deaths related to disease which might constitute a threat to
634	616		public health;
635	617		4. Deaths unattended by a licensed physician for a fatal or
636	618		potentially-fatal potentially fatal illness;
637	619		5. Deaths that are medically unexpected and that occ ur in the
638	620		course of a therapeutic procedure;
639	621		6. Deaths of any persons detained or occurring in custody of
640	622		penal incarceration; and
641	623		7. Deaths of persons whose bodies are to be crem ated,
642	624		transported out of the state, donated to educational entities, to
	625	+	include limited portions of the body, or otherwise made ultimately
	626	+	unavailable for pathological study ; and
643	627
644		-	SB354 HFLR Page 13
645		-	BOLD FACE denotes Committee Amendments. 1
	628	+	ENGR. S. B. NO. 354 Page 13 1
646	629		2
647	630		3
648	631		4
649	632		5
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668	651		24
669	652
670		-	include limited portions of the body, or otherwise made ultimately
671		-	unavailable for pathological study ; and
672	653		8. Except as provided in Section 1 of this act, d eaths
673	654		transported out of st ate.
674	655		B. The Chief Medical Examiner shall state on the certificate of
675	656		death of all persons whose death was caused by execu tion pursuant to
676	657		a lawful court order that the cause of death was the execution of
677	658		such order.
678	659		SECTION 6. AMENDATORY 63 O.S. 2011, Section 947, as
679	660		amended by Section 16, Chapter 293, O.S.L. 2014 (63 O.S. Supp. 2020,
680	661		Section 947), is amended to read as follows:
681	662		Section 947. A. The certification of death of any person whose
682	663		death is investigated under Section 931 et seq. of this title shall
683	664		be made by the Chief Medical Examiner or his or her designee upon a
684	665		medical examiner death cer tificate provided by the State Registrar
685	666		of Vital Statistics. Such death certificates shall be valid only
686	667		when signed by the Chief Medical Examiner or his or her designee.
687	668		Copies of all such certificates sha ll be forwarded immediately upon
688	669		receipt by the State Registrar of Vital Statistics to the Office of
689	670		the Chief Medical Examiner.
690	671		B. Any certification of death by an attending physi cian may be
691	672		referred by the State Registrar of Vital Statistics to the Chie f
692	673		Medical Examiner for investigation and the am ending of the original
693	674		certificate of death by the filing o f a medical examiner death
	675	+	certificate by the Chief Medical Examiner or his or her designee
694	676
695		-	SB354 HFLR Page 14
696		-	BOLD FACE denotes Committee Amendments. 1
	677	+	ENGR. S. B. NO. 354 Page 14 1
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715	696		20
716	697		21
717	698		22
718	699		23
719	700		24
720	701
721		-	certificate by the Chief Medical Examiner or his or her designee
722	702		when the death is determined by the Chief Medical Examiner to be one
723	703		properly requiring investigation und er Section 938 of this title.
724	704		C. Medical examiner death ce rtificates will not be required in
725	705		cases investigated solely for the purpos e of issuing a permit for
726	706		transport of a body out of state.
727	707		D. Medical examiner death certificates will not be required f or
728	708		transport of a body from the county of death in this state to the
729	709		adjoining out-of-state county as authorized by Section 1 of this
730	710		act.
731	711		SECTION 7. AMENDATORY 63 O.S. 2011, Section 948.1, as
732	712		last amended by Section 9, Chapter 85, O.S.L. 2015 (63 O.S. Supp.
733	713		2020, Section 948.1), is amended to read as follows:
734	714		Section 948.1. A. The Board of Medicolegal Investiga tions may
735	715		establish a fee schedule for forensic services, permits and reports
736	716		rendered to members of the public and other agencies.
737	717		1. No fee schedule may be established or amen ded by the Board
738	718		except during a regular legislative session. The Board shall comply
739	719		with the Administrative Procedures Act for adoption of rules and
740	720		establishing or amending any such fee schedule.
741	721		2. Except as otherwise specified in this section, the Bo ard
742	722		shall charge fees only within the following ranges:
	723	+	a. permit for cremations that occur within the state:
	724	+	One Hundred Dollars ($100.00) to Two Hundr ed Dollars
	725	+	($200.00),
743	726
744		-	SB354 HFLR Page 15
745		-	BOLD FACE denotes Committee Amendments. 1
	727	+	ENGR. S. B. NO. 354 Page 15 1
746	728		2
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766	748		22
767	749		23
768	750		24
769	751
770		-	a. permit for cremations that occur within the state:
771		-	One Hundred Dollars ($100.00) to Two Hundred Dollars
772		-	($200.00),
773	752		b. forensic science servi ce: One Hundred Dollars
774	753		($100.00) to Three Thousand Dol lars ($3,000.00),
775	754		c. report copies: Ten Dollars ($10.00) for report of
776	755		investigation, including toxicology, and Twenty
777	756		Dollars ($20.00) for an autopsy r eport, including
778	757		toxicology,
779	758		d. x-rays: Fifteen Dollars ($15.00) each,
780	759		e. microscopic slides, Hematoxylin, and Eosin (H&E): Ten
781	760		Dollars ($10.00) each,
782	761		f. special stains: Fifteen Dollars ($15.00) each, and
783	762		g. photographs: Twenty -five Dollars ($25.00) pe r compact
784	763		disc (CD) or other suitable digital s torage media.
785	764		3. Medical examiner permit certificates s hall be required in
786	765		cases investigated solely for the purpose of issuing a per mit for
787	766		transporting a body out of state, except as provided in paragraph 6
788	767		of this subsection.
789	768		4. The Board of Medicoleg al Investigations shall charge a fee
790	769		for out-of-state shipment of human remains whenever the Office of
791	770		the Chief Medical Examiner has not been required to conduct an
792	771		investigation of the death.
	772	+	5. An out-of-state transport permit and cremation permit shal l
	773	+	both be required for bodies containing body parts sent ou t of state
	774	+	or out of country, while remaining body parts remain unused.
793	775
794		-	SB354 HFLR Page 16
795		-	BOLD FACE denotes Committee Amendments. 1
	776	+	ENGR. S. B. NO. 354 Page 16 1
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819	800
820		-	5. An out-of-state transport permit and cremation permit shall
821		-	both be required for bodies containing body parts sent out of state
822		-	or out of country, while remaining body parts remain unused.
823	801		6. No fee shall be charged, and no permit shall be required for
824	802		an eligible body transported from the county of death in thi s state
825	803		to the adjoining out-of-state county as authorized by Section 1 of
826	804		this act.
827	805		B. The Board shall base the fee schedule for for ensic science
828	806		services, permits and reports upon reasonable costs of review ,
829	807		investigation and forensic science service de livery; provided,
830	808		however, the fee schedule shall be within the ranges specified in
831	809		subsection A of this section. The Board shall con tinue a system of
832	810		basic and continuing educational service and training for all
833	811		personnel who render forensic science serv ices in order to ensure
834	812		uniform statewide application of th e rules of the Board. The Board
835	813		shall consider the reasonable costs associ ated with such training
836	814		and continuing education in setting the forensic sc ience service
837	815		fees.
838	816		C. The Board may exempt by rule any agency or class of
839	817		individuals from the requireme nts of the fee schedule if the Board
840	818		determines that the fees would cause a n unreasonable economic
841	819		hardship or would otherwise hinder or conflict with an agency’s
842	820		responsibilities.
	821	+	D. All statutory fees currently in effect for permits or
	822	+	forensic science services administered by the Chief Medical Examiner
	823	+	and the Board of Medico legal Investigations within the jurisdiction
	824	+	of the Office of the Chief Med ical Examiner shall remain in effect
843	825
844		-	SB354 HFLR Page 17
845		-	BOLD FACE denotes Committee Amendments. 1
	826	+	ENGR. S. B. NO. 354 Page 17 1
846	827		2
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869	850
870		-	D. All statutory fees currently in effect for permits or
871		-	forensic science services administered by the Chief Medical Examiner
872		-	and the Board of Medicolegal Investigations within the jurisdiction
873		-	of the Office of the Chief Medical Examiner shall remain in effect
874	851		until such time as the Board acts to implement new schedules
875	852		pursuant to the provisions of this section and Section 948 of this
876	853		title.
877	854		SECTION 8. This act shall become effective July 1, 2021.
878	855		SECTION 9. It being immediately necessar y for the preservation
879	856		of the public peace, health or safety, an emergency is hereby
880	857		declared to exist, by reason whereof thi s act shall take effect and
881	858		be in full force from and after its passage and approval .
	859	+	Passed the Senate the 2nd day of March, 2021.
882	860
883		-	COMMITTEE REPORT BY: COMMITTEE ON TRANSPORTATION, dated 04/08/2021 -
884		-	DO PASS.
	861	+
	862	+
	863	+	Presiding Officer of the Senate
	864	+
	865	+
	866	+	Passed the House of Representatives the ____ day of __________,
	867	+	2021.
	868	+
	869	+
	870	+
	871	+	Presiding Officer of the House
	872	+	of Representatives
	873	+