LD 241
pg. 2
Page 1 of 2 An Act to Ensure that Autopsies and Toxicology Tests are Performed on Commercia... LD 241 Title Page
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LR 1535
Item 1

 
by an attending physician as due to specific natural causes
unrelated to abuse or neglect;

 
J. Whenever human or possibly human remains are discovered
not properly interred or disposed of, for which the
responsibility to do so cannot be readily determined; or

 
K. Any cause when there is no attending physician capable
of certifying the death as due to natural causes. When a
person dies who is under the care of a religious
practitioner who uses prayer and spiritual means of healing,
the fact that the deceased has been under such religious
care does not warrant suspicion of foul play or
investigation beyond that warranted by the other facts of
the case.; or

 
L.__Death when the person is a commercial motor vehicle
driver and the death occurs during a motor vehicle accident
while the driver is operating a commercial motor vehicle
within the scope of the driver's employment.

 
Sec. 2. 22 MRSA §3028, sub-§6, as enacted by PL 1979, c. 538, §8, is
amended to read:

 
6. Examination of body. In all cases except those requiring
a report on a body already disposed of and not to be exhumed for
examination, the medical examiner shall conduct a thorough
examination of the body. In the case of a commercial motor
vehicle driver under section 3025, subsection 1, paragraph L, the
medical examiner shall conduct a thorough examination of the body
and shall conduct toxicology tests.

 
SUMMARY

 
The bill adds commercial motor vehicle drivers who die during
motor vehicle accidents that occur during the driver's scope of
employment to the list of medical examiner cases for autopsy.
The bill requires the medical examiner to perform an autopsy and
conduct toxicology tests on those commercial vehicle drivers.


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