94 | 89 | | been diagnosed with epilepsy by a licensed physician. The |
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95 | 90 | | designation shall be used by a law enforcement officer or an |
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96 | 91 | | emergency medical pr ofessional to identify and effectively |
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97 | 92 | | communicate with a person who has been diagnosed with epilepsy and |
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98 | 93 | | shall not be used for any other purpose by any other person. |
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99 | 94 | | B. The cardholder may choose whether the voluntary designation |
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100 | 95 | | indicating that a person has been diagnosed with epilepsy, pursuant |
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101 | 96 | | to paragraph 1 of this section, shall be displayed on the driver |
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102 | 97 | | license or identification card or in the Oklahoma Law Enforcement |
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103 | 98 | | Telecommunications System (OLETS) in accordance with procedures |
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104 | 99 | | prescribed by Service Oklahoma. A holder of a driver license or |
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105 | 100 | | identification card who makes a voluntary designation pursuant to |
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106 | 101 | | this section shall have the opportunity to remove the designation at |
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107 | 102 | | any time. |
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108 | 103 | | SECTION 3. AMENDATORY 63 O.S. 2021, Se ction 1-106, as |
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109 | 104 | | amended by Section 1, Chapter 85, O.S.L. 2022 (63 O.S. Supp. 2024, |
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110 | 105 | | Section 1-106), is amended to read as follows: |
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111 | 106 | | Section 1-106. A. The State Commissioner of Health shall serve |
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112 | 107 | | at the pleasure of the Governor, and shall have skill and exp erience |
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113 | 108 | | in public health duties and sanitary sciences and shall meet at |
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114 | 109 | | least one of the following qualifications: |
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144 | 138 | | 2. Possession of an Osteopathic Medicine Deg ree and a license |
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145 | 139 | | to practice medicine in this state; |
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146 | 140 | | 3. Possession of a Doctoral degree in Public Health or Public |
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147 | 141 | | Health Administration; or |
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148 | 142 | | 4. Possession of a Master of Science Degree and a minimum of |
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149 | 143 | | five (5) years of supervisory experience in the adm inistration of |
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150 | 144 | | health services. |
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151 | 145 | | B. The Commissioner shall be exempt from all qualifications |
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152 | 146 | | enumerated in subsection A of this section if the Commissioner |
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153 | 147 | | possesses at least a master's degree and has experience in |
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154 | 148 | | management of state agencies or large pro jects. |
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155 | 149 | | C. The Commissioner shall have the following powers and duties, |
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156 | 150 | | unless otherwise directed by the Governor: |
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157 | 151 | | 1. Have general supervision of the health of the citizens of |
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158 | 152 | | the state; make investigations, inquiries and studies concerning the |
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159 | 153 | | causes of disease and injury, and especially of epidemics, and the |
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160 | 154 | | causes of mortality, and the effects of localities, employment, |
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161 | 155 | | conditions and circumstances on the public health; investigate |
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162 | 156 | | conditions as to health, sanitation and safety of schools, prisons, |
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163 | 157 | | public institutions, mines, public conveyances, camps, places of |
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164 | 158 | | group abode, and all buildings and places of public resort, and |
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165 | 159 | | recommend, prescribe and enforce such measures of health, sanitation |
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195 | 188 | | suppress, or to prevent the occurrence or spread of, any |
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196 | 189 | | communicable, contagious or infectious disease, and provide for the |
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197 | 190 | | segregation and isolation of persons having or suspected of hav ing |
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198 | 191 | | any such disease; designate places of quarantine or isolation; |
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199 | 192 | | advise state and local governments on matters pertaining to health, |
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200 | 193 | | sanitation and safety; and abate any nuisance affecting injuriously |
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201 | 194 | | the health of the public or any community. Any healt h information |
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202 | 195 | | or data acquired by the Commissioner from any public agency, which |
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203 | 196 | | information or data is otherwise confidential by state or federal |
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204 | 197 | | law, shall remain confidential notwithstanding the acquisition of |
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205 | 198 | | this information by the Commissioner. |
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206 | 199 | | 2. Be the executive officer and supervise the activities of the |
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207 | 200 | | State Department of Health, and act for the Department in all |
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208 | 201 | | matters except as may be otherwise provided in this Code; administer |
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209 | 202 | | oaths at any hearing or investigation conducted pursuant to this |
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210 | 203 | | Code; and enforce rules and standards adopted by the Commissioner. |
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211 | 204 | | All rules adopted by the Commissioner are subject to the terms and |
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212 | 205 | | conditions of the Administrative Procedures Act. |
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213 | 206 | | 3. Appoint an Assistant State Commissioner of Health and fix |
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214 | 207 | | the qualifications, duties and compensation of the Assistant State |
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215 | 208 | | Commissioner of Health; and employ, appoint and contract with, and |
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216 | 209 | | fix the qualifications, duties and compensation of, such other |
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246 | 238 | | investigators, aides and other personnel and help, either on a full - |
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247 | 239 | | time, part-time, fee or contractual basis, as shall be deemed by the |
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248 | 240 | | Commissioner necessary, expedient, convenient or appropri ate to the |
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249 | 241 | | performance or carrying out of any of the purposes, objectives or |
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250 | 242 | | provisions of this Code, or to assist the Commissioner in the |
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251 | 243 | | performance of official duties and functions. |
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252 | 244 | | 4. Cause investigations, inquiries and inspections to be made, |
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253 | 245 | | and hold hearings and issue orders pursuant to the provisions of the |
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254 | 246 | | Administrative Procedures Act, to enforce and make effective the |
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255 | 247 | | provisions of this Code, and all rules and standards adopted by the |
---|
256 | 248 | | Commissioner pursuant to law and the Commissioner or the |
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257 | 249 | | representative of the Commissioner shall have the right of access to |
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258 | 250 | | any premises for such purpose at any reasonable time, upon |
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259 | 251 | | presentation of identification. |
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260 | 252 | | 5. Authorize persons in the State Department of Health to |
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261 | 253 | | conduct investigations, inquiries and hea rings, and to perform other |
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262 | 254 | | acts that the Commissioner is authorized or required to conduct or |
---|
263 | 255 | | perform personally. |
---|
264 | 256 | | 6. Except as otherwise provided by law, all civil and criminal |
---|
265 | 257 | | proceedings under this Code shall be initiated and prosecuted by the |
---|
266 | 258 | | district attorney where the violation takes place. |
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297 | 288 | | refuses to give eviden ce before, or to allow books and records to be |
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298 | 289 | | examined by, the Commissioner after such person is directed to do |
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299 | 290 | | so, the Commissioner may file a contempt proceeding in the district |
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300 | 291 | | court of the county in which the premises involved are situated, or, |
---|
301 | 292 | | if no premises are involved, of the county in which such person |
---|
302 | 293 | | resides or has a principal place of business, and a judge of such |
---|
303 | 294 | | court, after a trial de novo, may punish the offending person for |
---|
304 | 295 | | contempt. |
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305 | 296 | | 8. Unless otherwise required by the terms of a federal grant, |
---|
306 | 297 | | sell, exchange or otherwise dispose of personal property that has |
---|
307 | 298 | | been acquired by the State Department of Health, or any of its |
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308 | 299 | | components, when such property becomes obsolete or is no longer |
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309 | 300 | | needed; any money derived therefrom shall be deposited i n the Public |
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310 | 301 | | Health Special Fund. |
---|
311 | 302 | | 9. Sell films, educational materials, biological products and |
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312 | 303 | | other items produced by the State Department of Health; and all |
---|
313 | 304 | | proceeds therefrom shall be deposited in the Public Health Special |
---|
314 | 305 | | Fund. |
---|
315 | 306 | | 10. Revoke or cancel, or suspend for any period up to one (1) |
---|
316 | 307 | | year, any license or permit issued under or pursuant to this Code, |
---|
317 | 308 | | or by the Commissioner, when the Commissioner determines that ground |
---|
348 | 338 | | Commissioner filed with the Secretary of State, but the Commissioner |
---|
349 | 339 | | shall first afford the holder an opportunity to show cause why the |
---|
350 | 340 | | license or permit should not be revoked, canceled or suspended, |
---|
351 | 341 | | notice of such opportunity to be given by certified United States |
---|
352 | 342 | | Mail to the holder of the license or permit at the last -known |
---|
353 | 343 | | address of such holder. |
---|
354 | 344 | | 11. Accept, use, disburse and administer grants, allotm ents, |
---|
355 | 345 | | gifts, devises, bequests, appropriations and other monies and |
---|
356 | 346 | | property offered or given to the State Department of Health, or any |
---|
357 | 347 | | component or agency thereof, by any agency of the federal |
---|
358 | 348 | | government, or any corporation or individual. |
---|
359 | 349 | | 12. Be the official agency of the State of Oklahoma in all |
---|
360 | 350 | | matters relating to public health which require or authorize |
---|
361 | 351 | | cooperation of the State of Oklahoma with the federal government or |
---|
362 | 352 | | any agency thereof; coordinate the activities of the State |
---|
363 | 353 | | Department of Health wit h those of the federal government or any |
---|
364 | 354 | | department or agency thereof, and with other states, on matters |
---|
365 | 355 | | pertaining to public health, and enter into agreements for such |
---|
366 | 356 | | purpose, and may accept, use, disburse and administer, for the |
---|
367 | 357 | | office of the Commission er or for the State Department of Health, |
---|
368 | 358 | | for any purpose designated and on the terms and conditions thereof, |
---|
399 | 388 | | state any program relating to the public health or the control of |
---|
400 | 389 | | disease, and enter into agreements for such purposes. |
---|
401 | 390 | | 13. The State Commissioner of Health may appoint commissioned |
---|
402 | 391 | | peace officers, certi fied by the Council on Law Enforcement |
---|
403 | 392 | | Education and Training, to investigate violations of the Public |
---|
404 | 393 | | Health Code and to provide security to Department facilities. |
---|
405 | 394 | | 14. Pursuant to Section 2 of this act, the State Commissioner |
---|
406 | 395 | | of Health shall appoint a Ch ief Medical Officer who reports directly |
---|
407 | 396 | | to the State Commissioner of Health. |
---|
408 | 397 | | 15. The State Commissioner of Health shall, in consultation |
---|
409 | 398 | | with local and national organizations that provide education or |
---|
410 | 399 | | services related to epilepsy conditions, provide guid ance to medical |
---|
411 | 400 | | doctors, osteopathic physicians, nurse practitioners, and physician |
---|
412 | 401 | | assistants who have the primary responsibility for treatment of a |
---|
413 | 402 | | person with epilepsy to assist in determining whether a patient is |
---|
414 | 403 | | at elevated risk for sudden unexpected death in epilepsy (SUDEP), |
---|
415 | 404 | | including, but not limited to, whether the patient has had |
---|
416 | 405 | | convulsive seizures, the frequency and recency of such seizures, and |
---|
417 | 406 | | whether the patient's symptoms have subsided in response to |
---|
418 | 407 | | medicinal or surgical treatment. The Chief Medical Examiner shall |
---|
450 | 438 | | Section 1-118. A. The Division of Health Care Information is |
---|
451 | 439 | | hereby created within the State Department of Health. |
---|
452 | 440 | | B. The Division shall: |
---|
453 | 441 | | 1. Collect from providers health care information for which the |
---|
454 | 442 | | Division has established a defined purpose an d a demonstrated |
---|
455 | 443 | | utility that is consistent with the intent of the provisions of |
---|
456 | 444 | | Section 1-117 et seq. of this title; |
---|
457 | 445 | | 2. Establish and maintain a uniform health care information |
---|
458 | 446 | | system; |
---|
459 | 447 | | 3. Analyze health care data submitted including, but not |
---|
460 | 448 | | limited to, geographic mapping of disease entities; |
---|
461 | 449 | | 4. Provide for dissemination of health care data to users and |
---|
462 | 450 | | consumers; |
---|
463 | 451 | | 5. Provide for the training and education of information |
---|
464 | 452 | | providers regarding processing and maintenance and methods of |
---|
465 | 453 | | reporting required in formation; |
---|
466 | 454 | | 6. Be authorized to access all state agency health -related data |
---|
467 | 455 | | sets and shall develop mechanisms for the receipt of health care |
---|
468 | 456 | | data to the Division or its agent; provided, however, all provisions |
---|
469 | 457 | | for confidentiality shall remain in place; |
---|
501 | 488 | | Health Department and the Tulsa City -County Health Department, in |
---|
502 | 489 | | developing city-county based health data sets; |
---|
503 | 490 | | 8. Contract with other public or private entities for the |
---|
504 | 491 | | purpose of collecting, processing or disseminating health care data; |
---|
505 | 492 | | and |
---|
506 | 493 | | 9. Build and maintain the data base ; and |
---|
507 | 494 | | 10. In an effort to reduce deaths from sudden unexpected death |
---|
508 | 495 | | in epilepsy (SUDEP), develop an information program in the Injury |
---|
509 | 496 | | Prevention Service to be disseminated to the public and licensed |
---|
510 | 497 | | medical professionals to notify individuals with epilepsy of the |
---|
511 | 498 | | danger of SUDEP; and encourage the American Medical Association to |
---|
512 | 499 | | add a Current Procedural Terminology (CPT) Code for epilepsy |
---|
513 | 500 | | education by a medical service professional . |
---|
514 | 501 | | C. 1. The State Board of Health shall ad opt rules governing |
---|
515 | 502 | | the acquisition, compilation and dissemination of all data collected |
---|
516 | 503 | | pursuant to the Oklahoma Health Care Information System Act. |
---|
517 | 504 | | 2. The rules shall include, but not be limited to: |
---|
518 | 505 | | a. adequate measures to provide system security for al l |
---|
519 | 506 | | data and information acquired pursuant to the Oklahoma |
---|
520 | 507 | | Health Care Information System Act, |
---|
550 | 536 | | c. charges for users for the cost of data preparation for |
---|
551 | 537 | | information that is beyond the routi ne data |
---|
552 | 538 | | disseminated by the office, and |
---|
553 | 539 | | d. time limits for the submission of data by information |
---|
554 | 540 | | providers. |
---|
555 | 541 | | D. The Division shall adopt standard nationally recognized |
---|
556 | 542 | | coding systems to ensure quality in receiving and processing data. |
---|
557 | 543 | | E. The Division shal l implement mechanisms to encrypt all |
---|
558 | 544 | | personal identifiers contained in any health care data upon |
---|
559 | 545 | | transmission to the State Department of Health, and all such data |
---|
560 | 546 | | shall remain encrypted while maintained in the Department's database |
---|
561 | 547 | | or while used by a cont ractor. |
---|
562 | 548 | | F. The Division may contract with an organization for the |
---|
563 | 549 | | purpose of data analysis. Any contract or renewal thereof shall be |
---|
564 | 550 | | based on the need for, and the feasibility, cost and performance of, |
---|
565 | 551 | | services provided by the organization. The Division shall require |
---|
566 | 552 | | any data analyzer at a minimum to: |
---|
567 | 553 | | 1. Analyze the information; |
---|
568 | 554 | | 2. Prepare policy-related and other analytical reports as |
---|
569 | 555 | | determined necessary for purposes of this act; and |
---|
570 | 556 | | 3. Protect the encryption and confidentiality of the data. |
---|
601 | 586 | | shall be deposited in the Oklahoma Health Care Information System |
---|
602 | 587 | | Revolving Fund account. |
---|
603 | 588 | | H. The Division may accept grants or charitable contributions |
---|
604 | 589 | | for use in carrying out the functions set forth in the Oklahoma |
---|
605 | 590 | | Health Care Information System Act from any source. These funds |
---|
606 | 591 | | shall be deposited in the Oklahoma Health Care Information System |
---|
607 | 592 | | Revolving Fund. |
---|
608 | 593 | | SECTION 5. AMENDATORY 63 O.S. 2021, Section 945, is |
---|
609 | 594 | | amended to read as follows: |
---|
610 | 595 | | Section 945. A. When properly authorized, an autopsy shall be |
---|
611 | 596 | | performed by the Chief Medical Examiner or su ch person as may be |
---|
612 | 597 | | designated by him or her for such purpose. The Chief Medical |
---|
613 | 598 | | Examiner or a person designated by him or her may authorize arterial |
---|
614 | 599 | | embalming of the body prior to the autopsy when such embalming would |
---|
615 | 600 | | in his or her opinion not interfere with the autopsy. The extent of |
---|
616 | 601 | | the autopsy shall be made as is deemed necessary by the person |
---|
617 | 602 | | performing the autopsy. |
---|
618 | 603 | | B. A full and complete report of the facts developed by the |
---|
619 | 604 | | autopsy together with the findings of the person making it shall be |
---|
620 | 605 | | prepared and filed in the Office of the Chief Medical Examiner |
---|
621 | 606 | | without unnecessary delay. Copies of such reports and findings |
---|
652 | 636 | | C. Upon receiving a written, signed and dated records request, |
---|
653 | 637 | | a copy of the full and complete report of the facts developed by the |
---|
654 | 638 | | autopsy, together with the findings of the person making the report, |
---|
655 | 639 | | shall be released by the Office of the Chief Medical Exami ner to the |
---|
656 | 640 | | public in the most expedient manner available or as requested by the |
---|
657 | 641 | | records requester and, under the following conditions, shall be |
---|
658 | 642 | | furnished to: |
---|
659 | 643 | | 1. District attorneys and any law enforcement agency with |
---|
660 | 644 | | authority to make a criminal investigat ion in connection with the |
---|
661 | 645 | | death; provided, such copies shall not be shared with any other |
---|
662 | 646 | | entity unless otherwise provided by law; |
---|
663 | 647 | | 2. The spouse of the deceased or any person related within two |
---|
664 | 648 | | (2) degrees of consanguinity to the deceased, unless the dis trict |
---|
665 | 649 | | attorney or law enforcement agency making a criminal investigation |
---|
666 | 650 | | objects to the release of documents to any family member. District |
---|
667 | 651 | | attorneys and law enforcement agencies shall be prohibited from |
---|
668 | 652 | | objecting to the release of the full and complete a utopsy report to |
---|
669 | 653 | | the family if the decedent was in state custody, in custody of law |
---|
670 | 654 | | enforcement or is deceased due to lethal action of a law enforcement |
---|
671 | 655 | | officer; and |
---|
702 | 685 | | D. The full and complete report of the facts developed by the |
---|
703 | 686 | | autopsy, together with the findings of the person making the report, |
---|
704 | 687 | | shall be withheld from public inspection and copy ing for ten (10) |
---|
705 | 688 | | business days following the date the report is generated by the |
---|
706 | 689 | | Office of the Chief Medical Examiner, except as provided for in |
---|
707 | 690 | | subsection C of this section. |
---|
708 | 691 | | E. The Office of the Chief Medical Examiner shall produce a |
---|
709 | 692 | | summary report of in vestigation by the medical examiner at the same |
---|
710 | 693 | | time the full and complete report of the facts developed by the |
---|
711 | 694 | | autopsy, together with the findings of the person making the report, |
---|
712 | 695 | | is released to the parties listed in subsection C of this section. |
---|
713 | 696 | | The summary report of investigation shall be made available for |
---|
714 | 697 | | public inspection and copying without delay. Any person may obtain |
---|
715 | 698 | | a copy of the summary report of investigation in the most expedient |
---|
716 | 699 | | manner available or as requested by the records requester. |
---|
717 | 700 | | F. The summary report of investigation shall include, but not |
---|
718 | 701 | | be limited to, the following information, if known: |
---|
719 | 702 | | 1. Decedent name, age, birth date, race, sex, home address, |
---|
720 | 703 | | examiner notified by name and title and including date and time, |
---|
721 | 704 | | location where decedent was injured or became ill, including name of |
---|
722 | 705 | | facility, address, city, county, type of premises, date and time; |
---|
752 | 734 | | examiner including address, city, county, type of premises and date |
---|
753 | 735 | | and time; |
---|
754 | 736 | | 2. If the death was a motor vehicle accident, whether the |
---|
755 | 737 | | decedent was the driver, passenger or pedestrian, and the type of |
---|
756 | 738 | | vehicle involved in the accident; |
---|
757 | 739 | | 3. A description of the b ody, including but not limited to the |
---|
758 | 740 | | external physical examination, rigor, livor, external observations |
---|
759 | 741 | | including hair, eye color, body length and weight, and other |
---|
760 | 742 | | external observations, as well as the presence and location of |
---|
761 | 743 | | blood; and |
---|
762 | 744 | | 4. The probable cause of death, other significant conditions |
---|
763 | 745 | | contributing to the death but not resulting in the underlying cause |
---|
764 | 746 | | given, manner of death, case disposition, case number, and name and |
---|
765 | 747 | | contact information of the medical examiner performing the autopsy, |
---|
766 | 748 | | including a signature and certification statement that the facts |
---|
767 | 749 | | contained in the report are true and correct to the best of their |
---|
768 | 750 | | knowledge and the date the report was signed and generated. |
---|
769 | 751 | | G. At the conclusion of the ten (10) business -day-period, the |
---|
770 | 752 | | full and complete report shall be made available as a public record |
---|
771 | 753 | | except when a district attorney or law enforcement agency with |
---|
772 | 754 | | authority to make a criminal investigation in connection with the |
---|
773 | 755 | | death declares that the full and complete report contains |
---|
803 | 784 | | of the Medical Examiner and be an open record available from the |
---|
804 | 785 | | Office of Medical Examiner. |
---|
805 | 786 | | 1. Upon such declaration, the district attorney or law |
---|
806 | 787 | | enforcement agency shall request from the appropriate district court |
---|
807 | 788 | | a hearing for an extension of time during which the full and |
---|
808 | 789 | | complete autopsy report, not including information in the summary |
---|
809 | 790 | | report, may be withheld. |
---|
810 | 791 | | 2. When a request for an extension of time has been filed with |
---|
811 | 792 | | the court, the full and complete autopsy report in question may be |
---|
812 | 793 | | withheld until the court has issued a ruling on the requested |
---|
813 | 794 | | extension of time to release the autopsy report. Such requests for |
---|
814 | 795 | | an extension of time during which the autopsy may be withheld shall |
---|
815 | 796 | | be made on the grounds that release of the full and complete autopsy |
---|
816 | 797 | | report will materially compromise an ongoing criminal investigation. |
---|
817 | 798 | | 3. Courts considering such requests shall conduct a hearing and |
---|
818 | 799 | | consider whether the interests of the public outweigh the interests |
---|
819 | 800 | | asserted by the district attorney or law enforcement agency. |
---|
820 | 801 | | 4. If an extension of time is granted by the court, the initial |
---|
821 | 802 | | extension shall be ordered by the court for a period of six ( 6) |
---|
822 | 803 | | months. Subsequent extensions shall only be ordered after a hearing |
---|
823 | 804 | | by the court for an additional one year and cumulative time |
---|
824 | 805 | | extensions shall not exceed more than four (4) years and six (6) |
---|
854 | 834 | | in custody of law enforcement or was deceased due to lethal action |
---|
855 | 835 | | of a law enforcement officer. |
---|
856 | 836 | | 5. In the event that six (6) months have expired from the date |
---|
857 | 837 | | of the initial release of the autopsy report without any person |
---|
858 | 838 | | being criminally charged in the case in question and release of the |
---|
859 | 839 | | autopsy or portions of the autopsy have been denied on the grounds |
---|
860 | 840 | | of materially compromising a criminal investigation, an appeal of |
---|
861 | 841 | | such denial may be made to the appropriate district court. Courts |
---|
862 | 842 | | considering appeals for temporarily withholding an autopsy report |
---|
863 | 843 | | shall conduct a hearing and consider whether the interests of the |
---|
864 | 844 | | public outweigh the interests asserted by the district attorney or |
---|
865 | 845 | | law enforcement agency. In response to such appeals, the district |
---|
866 | 846 | | court shall order that the autopsy report be made available for |
---|
867 | 847 | | public inspection and copying with no redaction, or shall order an |
---|
868 | 848 | | extension of time during which the autopsy report may be withheld |
---|
869 | 849 | | under the provisions of this section. |
---|
870 | 850 | | 6. Any court order obtained pursuant to this subsection shall |
---|
871 | 851 | | be served upon the Office of the Chief Medical Examiner by the party |
---|
872 | 852 | | requesting or granted the extension by the court. |
---|
873 | 853 | | H. An order granting an ex tension of time shall be applicable |
---|
874 | 854 | | to the autopsy report for the duration of the extension; provided, |
---|
875 | 855 | | each subsequent time extension shall only be ordered by the district |
---|
905 | 884 | | (6) months; provided, charges being filed against a person in the |
---|
906 | 885 | | case in question or an autopsy report being entered into evidence as |
---|
907 | 886 | | part of a criminal prosecution nullifies any granted extension of |
---|
908 | 887 | | time. |
---|
909 | 888 | | I. The opportunities to withhold an autopsy report or portions |
---|
910 | 889 | | of an autopsy report provided in this section shall expire in |
---|
911 | 890 | | totality four (4) years and six (6) months after the date the |
---|
912 | 891 | | autopsy report was generated, at which time the autopsy report |
---|
913 | 892 | | previously withheld on the grounds provided for in this section |
---|
914 | 893 | | shall be made available for public inspection and copying. |
---|
915 | 894 | | J. Nothing in this section shall prohibit a district attorney |
---|
916 | 895 | | or law enforcement agency with authority to make a criminal |
---|
917 | 896 | | investigation in connection with the death from immediately |
---|
918 | 897 | | releasing portions of information contained in the full and complete |
---|
919 | 898 | | autopsy report for the purposes of assisting with the criminal |
---|
920 | 899 | | investigation or apprehension of any person involved in a criminal |
---|
921 | 900 | | act that resulted in the death of another person. |
---|
922 | 901 | | K. After ten (10) business days from the release of the full |
---|
923 | 902 | | and complete report, nothing in this section shall prohibit the |
---|
924 | 903 | | spouse of the deceased or any person related within two (2) degrees |
---|
925 | 904 | | of consanguinity to the de ceased who has received a copy of the full |
---|
926 | 905 | | and complete autopsy report from the Office of the Chief Medical |
---|
955 | 933 | | office to release the full and complete autopsy report to any other |
---|
956 | 934 | | person subject to approval by the court. |
---|
957 | 935 | | L. When an autopsy of the body is conducted of a deceased human |
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958 | 936 | | who has epilepsy or a history of seizures, the report shall include |
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959 | 937 | | an investigation and determination as to whether the deceased |
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960 | 938 | | suffered a sudden unexpected de ath in epilepsy (SUDEP). In the |
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961 | 939 | | event the deceased did suffer a sudden unexpected death in epilepsy, |
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962 | 940 | | such information shall be noted on the death certificate and be |
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963 | 941 | | reported to the North American SUDEP Registry (NASR). |
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964 | 942 | | SECTION 6. This act shall become effective November 1, 2025. |
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