LD 1211
pg. 5
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LR 1817
Item 1

 
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.

 
In any case in which the necessity of a report is questionable, a
report must be made.

 
Sec. 4. 22 MRSA §3025, sub-§1-A is enacted to read:

 
1-A.__Medical examiner case determination.__Notwithstanding
that a case must be reported under subsection 1, the acceptance
of any reported death as a medical examiner case is to be
determined by the Chief Medical Examiner unless acceptance is
specifically ordered by the Attorney General or district attorney
having jurisdiction.

 
The following deaths that must be reported need not be accepted
by the Chief Medical Examiner as a medical examiner case:

 
A.__Deaths due to the consequences of long-term alcohol use,
long-term exposure to environmental or occupational toxins
or long-term exposure to carcinogens;

 
B.__Deaths in the elderly who have sustained limb or axial
fractures, excluding the head, for which they are or have
been hospitalized; or

 
C.__Sudden natural deaths in the elderly who have not had
previous specific symptoms or who were not under treatment
by a physician for the specific natural cause that is
considered to be the cause of death.

 
These reportable deaths may be referred back to the attending
physician by the Chief Medical Examiner for certification of the
death, even though the attending physician has not treated the
patient for the specific natural disease that the attending
physician will enter as the physician's diagnosis.

 
Sec. 5. 22 MRSA §3025, sub-§2, as amended by PL 2001, c. 222, §5, is
repealed.


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