LD 1969
pg. 3
Page 2 of 11 An Act to Revise Certain Provisions of the Medical Examiner Act Page 4 of 11
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LR 2349
Item 1

 
D.__A person when authorized or required under any state or
federal law, rule or regulation; and

 
E.__A person pursuant to a court order.

 
As used in this subsection "person" means a natural person,
including a public servant, and a corporation, partnership,
unincorporated association or any other nonhuman legal entity,
including any governmental unit.

 
13.__Access to certain information by next of kin.__Unless the
medical examiner case is under investigation by the Department of
the Attorney General or the office of a district attorney and the
Attorney General or the district attorney determines that the
criminal investigation or prosecution will be harmed by such
disclosure, a next of kin of the deceased, as defined under
section 2843-A, may inspect and obtain a copy, upon payment of
any required fee under section 3035, of a report or other item
identified in subsection 8, paragraphs F and G.__The Chief
Medical Examiner may provide the original of the item described
in subsection 8, paragraph G to the next of kin or another person
to whom that item is addressed or directed.

 
14.__Testing for HIV.__Notwithstanding Title 5, chapter 501,
the Chief Medical Examiner, in any medical examiner case, may
test for the human immunodeficiency virus and may disclose the
test result as authorized under subsection 12.

 
Sec. 7. 22 MRSA §3023, as amended by PL 1985, c. 611, §5, is
further amended to read:

 
§3023. Medical examiners; appointment; jurisdiction

 
The Chief Medical Examiner shall appoint medical examiners,
who shall have statewide jurisdiction and shall serve at the
pleasure of the Chief Medical Examiner and, subject to his the
Chief Medical Examiner's control and the regulations promulgated
adopted by him the Chief Medical Examiner. The medical examiners
shall must be learned in the science of medicine and anatomy,
licensed as physicians in this State and bona fide residents of
this State. Each medical examiner before entering upon the
duties of his the office shall must be duly sworn to the faithful
performance of his the medical examiner's duty.

 
The Chief Medical Examiner may in his discretion make
temporary appointments when he deems the Chief Medical Examiner
determines it is in the public interest. Temporary medical
examiners shall serve on a case-by-case basis and must be
licensed as physicians by the State, but do not need to be
residents of the State nor or take an oath of office.


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