CHAPTER 222
H.P. 1258 - L.D. 1705
An Act to Make Certain Technical and Clarifying Changes to the Medical Examiner Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §3022, sub-§1, as repealed and replaced by PL 1987, c. 329, §2, is amended to read:
1. Appointment and qualifications of the Chief Medical Examiner. There is created, in the Department of the Attorney General, the Office of Chief Medical Examiner for the State. The Chief Medical Examiner shall be is appointed by the Governor for a term of 7 years and until his the Chief Medical Examiner's successor is appointed and qualified. The Chief Medical Examiner shall must possess a degree of doctor of medicine or doctor of osteopathy, be licensed to practice in the State and be expert in the specialty of forensic pathology. Expertise in the specialty of forensic pathology may be established either by certification in forensic pathology by the American Board of Pathology or the American Osteopathic Board of Pathology or by successful completion of an examination to test expertise in forensic pathology designed for the State by acknowledged experts in the field selected by the Governor. Any vacancy in the Office of Chief Medical Examiner shall must be filled by appointment by the Governor for a full term of 7 years. The Chief Medical Examiner may hire, subject to the Civil Service Law, necessary office and laboratory personnel to carry out the proper functioning of his the Chief Medical Examiner's office.
Sec. 2. 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 rules 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.
The Chief Medical Examiner may retain official consultants to serve the various needs of the office. These consultants shall must possess a high degree of integrity and be learned in their fields. They need not reside within the State nor or take an oath of office. They shall serve at the pleasure of the Chief Medical Examiner.
Sec. 3. 22 MRSA §3024, as amended by PL 1997, c. 24, Pt. PP, §1, is further amended to read:
§3024. Salaries; fees; expenses
The salary of the Chief Medical Examiner of the State of Maine must be set by the Governor. Other nonsalaried medical examiners, upon the submission of their completed report to the Chief Medical Examiner, must be paid a fee of $70 for an inspection and view and are entitled to receive travel expenses to be calculated at the mileage rate currently paid to state employees pursuant to Title 5, section 8. An additional fee of $50 may be authorized by the Chief Medical Examiner for payment to other nonsalaried medical examiners for visits to death scenes other than hospitals.
The fees for autopsies performed by pathologists, at the request of a medical examiner or the Chief Medical Examiner, shall must be set by the Chief Medical Examiner at a level which shall provide that provides reasonable payment for necessary costs and a reasonable fee in light of prevailing rates for the services of a pathologist in Maine the State.
The Chief Medical Examiner, using his discretion, may, in an unusual circumstance, to be as determined by him the Chief Medical Examiner, prescribe a special fee for the service of a medical examiner or for any consultant service which he deems the Chief Medical Examiner determines necessary.
The Chief Medical Examiner, using his discretion, may authorize any other expenses necessary to carry out his the Chief Medical Examiner's duties.
All compensation and expenses authorized by this chapter shall must be paid from the funds of the State appropriated by the Legislature for this purpose.
If the Chief Medical Examiner or employees of his that office, at their discretion, provide expert opinion or testimony relating to Maine medical examiner cases on behalf of private litigants, the Chief Medical Examiner may, at his discretion, set a reasonable fee for these services, preparation leading to them and expenses incurred in providing them. All fees, charges or other receipts shall must be credited to the General Fund. Medical examiners and consultants who serve the State on a fee per case basis are excluded from this paragraph and may make private arrangments arrangements for these services.
Sec. 4. 22 MRSA §3025, sub-§1, ¶A, as repealed and replaced by PL 1985, c. 611, §6, is repealed and the following enacted in its place:
A. Death is suspected of having been caused by any type of physical injury, including poisoning, regardless of whether the suspected manner of death is homicide, suicide or accident;
Sec. 5. 22 MRSA §3025, sub-§2, as repealed and replaced by PL 1985, c. 611, §6, is amended to read:
2. Attendance by physician. A medical examiner case exists under the circumstances identified in subsection 1, paragraph A whenever the death is wholly or in part ascribable to violence or poisoning physical injury, regardless of whether the deceased had been attended by a physician, was a patient in a hospital, survived for considerable time or died with from the terminal natural causes consequent to and following from the injury or poisoning physical injury.
Sec. 6. 22 MRSA §3025, sub-§4, as amended by PL 1987, c. 296, §3, is further amended to read:
4. Questionable cases and cases that may constitute exceptions. All questionable cases shall must be reported. Acceptance of any questionable case is to be determined by the Chief Medical Examiner unless acceptance is specifically ordered by the Attorney General or district attorney having jurisdiction.
Deaths due to the consequences of long-term alcohol use, long-term exposure to environmental or occupational toxins or long-term exposure to carcinogens shall must be reported, but need not be accepted.
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 shall must be reported to the Office of the Chief Medical Examiner. Those cases 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 he the attending physician will enter as his the attending physician's diagnosis.
Sec. 7. 22 MRSA §3026, as repealed and replaced by PL 1979, c. 538, §6, is amended to read:
1. Persons suspecting medical examiner case. Any person who has become becomes aware of a suspected medical examiner case shall immediately notify a law enforcement officer, medical examiner or the Office of the Chief Medical Examiner. 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.
2. Law enforcement officers suspecting medical examiner case. Any law enforcement officer who has become becomes aware of a suspected medical examiner case shall immediately notify a medical examiner or the Office of the Chief Medical Examiner.
3. Medical examiners suspecting medical examiner case. Any medical examiner who has become becomes aware of a death involving violence caused by physical injury, or in which violence physical injury is the suspected cause, shall immediately notify the Office of Chief Medical Examiner and the appropriate law enforement enforcement agency. The agency shall notify the district attorney for the district in which the body is located.
4. Cases involving or suspected of involving physical injury attributable to criminal conduct. Any law enforcement officer or medical examiner who has become becomes aware of a death involving criminal violence physical injury attributable to criminal conduct, or in which criminal violence physical injury attributable to criminal conduct is suspected, other than by motor vehicle vehicular manslaughter, in addition to complying with the notification requirements in subsection 3, shall immediately notify the Attorney General and the Chief Medical Examiner.
Sec. 8. 22 MRSA §3027, as repealed and replaced by PL 1979, c. 538, §7, is amended to read:
§3027. Procedure at scene of death
1. Movement or alteration of body prohibited. Except as otherwise provided in this section:
A. In any medical examiner case no a person shall may not move or alter the body or any objects at the scene of death prior to the arrival, or without the express authorization, of the medical examiner or Office of the Chief Medical Examiner;
B. In any medical examiner case in which noncriminal violence physical injury attributable to noncriminal conduct is suspected, or in which any violence physical injury by motor vehicle, including vehicular manslaughter, is suspected, no a person shall may not move or alter the body or any objects at the scene of death prior to the arrival, or without the express authorization, of the district attorney for the district in which the body is located or his the district attorney's authorized representative; and
C. In any medical examiner case in which criminal violence physical injury attributable to criminal conduct other than by motor vehicle vehicular manslaughter is suspected, no a person shall may not move or alter the body or any objects at the scene of death prior to the arrival, or without the express authorization, of the Attorney General or his the Attorney General's authorized representative.
2. Preservation or removal of body. In any medical examiner case where in which the body is in danger of being destroyed or lost, or the location of the body renders it a serious threat to the safety or health of others, any a person may take whatever steps are reasonably necessary for the retention or preservation of the body prior to the arrival or authorization of the medical examiner or the Office of the Chief Medical Examiner, provided that such. The person shall first, whenever if practicable, exactly mark the location and position of the body.
In any medical examiner case where criminal violence in which physical injury attributable to criminal conduct other than by motor vehicle vehicular manslaughter is not suspected, and the presence of the body is likely to cause hardship or outrage, and a medical examiner or the Office of the Chief Medical Examiner cannot can not be reached in a reasonable period of time, the district attorney for the district in which the body is located, or his the district attorney's authorized representative, may authorize removal of the body by the law enforcement officer in charge of the scene, provided that the. The officer shall first, whenever if practicable, exactly mark the location and position of the body.
A. When death occurs in a medical facility such as a hospital or an ambulance, the body may be removed to a mortuary under the following conditions:
(1) The incident causing the death did not occur in the medical facility;
(2) The body is transported to a secure place in the same condition as when death occurred; and
(3) The only alterations are the disconnecting of fixed medical equipment.
3. Procedures. Before removal of the body as provided in subsection 2, the law enforcement officer shall whenever possible arrange for photographs, measurements and a record of the location and position of the body.
Where When the death is suspected of involving criminal violence physical injury attributable to criminal conduct other than by motor vehicle vehicular manslaughter, the procedure in this subsection shall must be undertaken with the supervision of an authorized representative of the Attorney General.
In all medical examiner cases in which criminal violence physical injury attributable to criminal conduct other than by motor vehicle vehicular manslaughter is suspected, the procedure in this subsection may be waived concurrently by the Chief Medical Examiner and the Attorney General or his the Attorney General's authorized representative.
In all other medical examiner cases the procedure in this subsection may be waived concurrently by the medical examiner and the district attorney for the district in which the body is located or his the district attorney's authorized representative.
Sec. 9. 22 MRSA §3028, sub-§§9 and 10, as enacted by PL 1979, c. 538, §8, are amended to read:
9. Autopsy of child. In the case of a child under the age of 3 years, when death occurs without medical attendance or, if attended, without a specific natural cause, the medical examiner shall order an autopsy. The autopsy may be waived by the Chief Medical Examiner, provided he as long as the Chief Medical Examiner includes the reason for the waiver in the record.
10. Chief Medical Examiner; jurisdiction. The Chief Medical Examiner may assume jurisdiction over a medical examiner case, and may recertify the death, when he the Chief Medical Examiner finds that it is in the public interest for him to do so. He The Chief Medical Examiner shall include his the reasons for so doing in the record.
Sec. 10. 22 MRSA §3029, sub-§§2 and 3, as enacted by PL 1979, c. 538, §9, are amended to read:
2. Petition for order of exhumation. The district attorney or Attorney General may, under the circumstances enumerated in subsection 1, and if he the district attorney or Attorney General finds it to be in the public interest, petition a Justice justice of the Superior Court for an order of exhumation.
3. Report of findings. The medical examiner, Chief Medical Examiner or pathologist who completes the inquiry, examination or autopsy shall report his the findings to the justice and to the Office of the Chief Medical Examiner.
Sec. 11. 22 MRSA §3032, as amended by PL 1985, c. 611, §9, is further amended to read:
The Chief Medical Examiner is authorized and empowered to carry into effect this chapter, and, in pursuance thereof, to make and enforce such reasonable rules consistent with this chapter as he may deem the Chief Medical Examiner determines necessary. A copy of the rules and any amendments thereto shall be filed in the office of the Secretary of State. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
Sec. 12. 22 MRSA §3033, as amended by PL 1979, c. 538, §10, is repealed and the following enacted in its place:
§3033. Limitation on liability of certain persons appointed or retained
1. Additional immunities. In addition to all existing tort immunities enumerated in the Maine Tort Claims Act:
A. A medical examiner may not be held liable for damages for any injury or damage that results from the exercise and discharge of any of the medical examiner's official duties, unless it can be shown that the injury or damage resulted from gross negligence on the part of the medical examiner;
B. A pathologist performing an autopsy at the request of a medical examiner or the Chief Medical Examiner may not be held liable for damages for any injury or damage that results from the performance of the autopsy unless it can be shown that the injury or damage resulted from the gross negligence of the pathologist; and
C. A professional consultant, who at the request of a medical examiner or the Chief Medical Examiner conducts an examination and renders a report, may not be held liable for damages for any injury or damage that results from the performance of the examination unless it can be shown that the injury or damage resulted from the gross negligence of the consultant.
Effective September 21, 2001, unless otherwise indicated.
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