As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 499 5
1999-2000 6
REPRESENTATIVES BRADING-DISTEL-MEAD-HOLLISTER-CALLENDER- 8
REDFERN-HARTNETT-ASLANIDES-GARDNER-CATES-EVANS- 9
GRENDELL-JOLIVETTE-TAYLOR-WILLAMOWSKI 10
_________________________________________________________________ 11
A B I L L
To amend sections 313.02, 313.09, and 313.10 and to 13
enact section 313.091 of the Revised Code to 14
authorize coroners, deputy coroners, or their 15
representatives to request medical and
psychiatric records in connection with an 16
autopsy, to protect those records from disclosure 17
as public records, and to require coroners to 18
complete continuing education requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 313.02, 313.09, and 313.10 be 22
amended and section 313.091 of the Revised Code be enacted to 23
read as follows: 24
Sec. 313.02. (A) No person shall be eligible to the 33
office of coroner except a physician who has been licensed to 34
practice as a physician in this state for a period of at least 35
two years immediately preceding his election or appointment as a 36
coroner, and who is in good standing in his THE PERSON'S 38
profession, or is a person who was serving as coroner on October
12, 1945. 39
(B)(1) BEGINNING IN CALENDAR YEAR 2000 AND IN EACH FOURTH 41
YEAR THEREAFTER, EACH NEWLY ELECTED CORONER, AFTER THE GENERAL 42
ELECTION BUT PRIOR TO COMMENCING THE TERM OF OFFICE TO WHICH 43
ELECTED, SHALL ATTEND AND SUCCESSFULLY COMPLETE SIXTEEN HOURS OF 44
CONTINUING EDUCATION AT PROGRAMS SPONSORED BY THE OHIO STATE 45
2
CORONERS ASSOCIATION. WITHIN NINETY DAYS AFTER APPOINTMENT TO 46
THE OFFICE OF CORONER UNDER SECTION 305.02 OF THE REVISED CODE, 47
THE NEWLY APPOINTED CORONER SHALL ATTEND AND SUCCESSFULLY 48
COMPLETE SIXTEEN HOURS OF CONTINUING EDUCATION AT PROGRAMS 49
SPONSORED BY THE ASSOCIATION. HOURS OF CONTINUING EDUCATION 50
COMPLETED UNDER THE REQUIREMENT DESCRIBED IN DIVISION (B)(1) OF 51
THIS SECTION SHALL NOT BE COUNTED TOWARD FULFILLING THE 52
CONTINUING EDUCATION REQUIREMENT DESCRIBED IN DIVISION (B)(2) OF 54
THIS SECTION.
AS USED IN DIVISION (B)(1) OF THIS SECTION, "NEWLY ELECTED 56
CORONER" MEANS A PERSON WHO DID NOT HOLD THE OFFICE OF CORONER ON 57
THE DATE THE PERSON WAS ELECTED CORONER. 58
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF 60
THIS SECTION, BEGINNING IN CALENDAR YEAR 2001, EACH CORONER, 61
DURING THE CORONER'S FOUR-YEAR TERM, SHALL ATTEND AND 62
SUCCESSFULLY COMPLETE THIRTY-TWO HOURS OF CONTINUING EDUCATION AT 64
PROGRAMS SPONSORED BY THE OHIO STATE CORONERS ASSOCIATION. 65
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF THIS SECTION, 66
EACH CORONER SHALL ATTEND AND SUCCESSFULLY COMPLETE TWENTY-FOUR
OF THESE THIRTY-TWO HOURS AT STATEWIDE MEETINGS, AND EIGHT OF 67
THESE THIRTY-TWO HOURS AT REGIONAL MEETINGS, SPONSORED BY THE 69
ASSOCIATION. THE ASSOCIATION MAY APPROVE ATTENDANCE AT 70
CONTINUING EDUCATION PROGRAMS IT DOES NOT SPONSOR BUT, IF 71
ATTENDANCE IS APPROVED, SUCCESSFUL COMPLETION OF HOURS AT THESE 72
PROGRAMS SHALL BE COUNTED TOWARD FULFILLING ONLY THE TWENTY-FOUR 73
HOUR REQUIREMENT DESCRIBED IN DIVISION (B)(2) OF THIS SECTION. 74
(3) UPON SUCCESSFUL COMPLETION OF A CONTINUING EDUCATION 76
PROGRAM REQUIRED BY DIVISION (B)(1) OR (2) OF THIS SECTION, THE 77
PERSON WHO SUCCESSFULLY COMPLETES THE PROGRAM SHALL RECEIVE FROM 78
THE ASSOCIATION OR THE SPONSORING ORGANIZATION A CERTIFICATE 79
INDICATING THAT THE PERSON SUCCESSFULLY COMPLETED THE PROGRAM. 80
Sec. 313.09. The coroner shall keep a complete record of, 89
and shall fill in the cause of death on the death certificate, 91
in, all cases coming under his THE CORONER'S jurisdiction. All 92
3
records shall be kept in the office of the coroner, but, if no 94
such office is maintained, then such THE records shall be kept in 95
the office of the clerk of the court of common pleas. Such THE 97
records shall be properly indexed, and shall state the name, if 98
known, of every deceased person as described in section 313.12 of 99
the Revised Code, the place where the body was found, THE date of 100
death, THE cause of death, and all other available information. 102
The report of the coroner and the detailed findings of the 103
autopsy shall be attached to the report of each case. The 104
coroner shall promptly deliver, to the prosecuting attorney of 105
the county in which such THE death occurred, copies of all 106
necessary records, EXCEPT FOR COPIES OF MEDICAL AND PSYCHIATRIC 107
RECORDS PROVIDED TO THE CORONER, A DEPUTY CORONER, OR A 108
REPRESENTATIVE OF THE CORONER OR A DEPUTY CORONER UNDER SECTION 109
313.091 OF THE REVISED CODE, relating to every death in which, in 111
the judgment of the coroner or prosecuting attorney, further 112
investigation is advisable. The sheriff of the county, the 113
police of the city, the constable of the township, or THE marshal 114
of the village in which the death occurred may be requested to 115
furnish more information or make further investigation when 116
requested by the coroner or his THE CORONER'S deputy. The 117
prosecuting attorney may obtain copies of records, EXCEPT FOR 118
COPIES OF MEDICAL AND PSYCHIATRIC RECORDS PROVIDED TO THE
CORONER, A DEPUTY CORONER, OR A REPRESENTATIVE OF THE CORONER OR 120
A DEPUTY CORONER UNDER SECTION 313.091 OF THE REVISED CODE, and 122
such other information as is necessary from the office of the 123
coroner. All records of the coroner are the property of the 124
county.
Sec. 313.091. IN CONNECTION WITH THE PERFORMANCE OF DUTIES 126
PERFORMED IN ACCORDANCE WITH THIS CHAPTER, A CORONER, DEPUTY 127
CORONER, OR REPRESENTATIVE OF A CORONER OR DEPUTY CORONER MAY 129
REQUEST, IN WRITING, TO INSPECT AND RECEIVE A COPY OF THE
DECEASED PERSON'S MEDICAL AND PSYCHIATRIC RECORDS. THE PERSON TO 130
WHOM THE REQUEST IS DELIVERED SHALL MAKE SUCH RECORDS IN THE 131
4
PERSON'S CUSTODY AVAILABLE DURING NORMAL BUSINESS HOURS TO THE 132
CORONER, DEPUTY CORONER, OR REPRESENTATIVE FOR PURPOSES OF 133
INSPECTION AND COPYING. A PERSON WHO PROVIDES COPIES OF MEDICAL 134
OR PSYCHIATRIC RECORDS PURSUANT TO A REQUEST MADE UNDER THIS
SECTION MAY REQUEST, IN WRITING, REIMBURSEMENT IN A SPECIFIED 135
AMOUNT FOR THE NECESSARY AND REASONABLE COSTS OF COPYING THE 136
RECORDS, IN WHICH CASE THE CORONER, DEPUTY CORONER, OR 137
REPRESENTATIVE SHALL REMIT THAT AMOUNT TO THE PERSON UPON RECEIPT
OF THE COPIES. 138
ANY MEDICAL OR PSYCHIATRIC RECORD PROVIDED TO A CORONER, 140
DEPUTY CORONER, OR REPRESENTATIVE OF A CORONER OR DEPUTY CORONER 141
UNDER THIS SECTION IS NOT A PUBLIC RECORD SUBJECT TO SECTION 142
149.43 OF THE REVISED CODE. THE RELEASE OF A DECEASED PERSON'S 144
MEDICAL OR PSYCHIATRIC RECORDS TO A CORONER, DEPUTY CORONER, OR 145
REPRESENTATIVE OF A CORONER OR DEPUTY CORONER IN ACCORDANCE WITH
THIS SECTION DOES NOT VIOLATE DIVISION (B)(4) OF SECTION 4731.22 146
OF THE REVISED CODE. 147
AS USED IN THIS SECTION AND SECTIONS 313.09 AND 313.10 OF 150
THE REVISED CODE, "MEDICAL RECORD" HAS THE SAME MEANING AS IN 151
DIVISION (A)(3) OF SECTION 149.43 OF THE REVISED CODE. 152
Sec. 313.10. The EXCEPT FOR MEDICAL AND PSYCHIATRIC 161
RECORDS PROVIDED TO THE CORONER, A DEPUTY CORONER, OR A 163
REPRESENTATIVE OF THE CORONER OR DEPUTY CORONER UNDER SECTION 164
313.091 OF THE REVISED CODE, THE records of the coroner, made 165
PERSONALLY by himself THE CORONER or by anyone acting under his 167
THE CORONER'S direction or supervision, are public records, and 168
such THOSE records, or transcripts, or photostatic copies thereof 169
OF THEM, certified by the coroner, shall be received as evidence 171
in any criminal or civil court in this state, as to the facts 172
contained in such THOSE records.
All EXCEPT FOR MEDICAL AND PSYCHIATRIC RECORDS PROVIDED TO 174
THE CORONER, A DEPUTY CORONER, OR A REPRESENTATIVE OF THE CORONER 176
OR A DEPUTY CORONER UNDER SECTION 313.091 OF THE REVISED CODE, 177
ALL records in the coroner's office shall be open to inspection 178
5
by the public, and any person may receive a copy of any such 179
record or part thereof OF IT upon demand in writing, accompanied 180
by payment of the transcript fee, at the rate of fifteen cents 181
per hundred words, or a minimum fee of one dollar. 182
Section 2. That existing sections 313.02, 313.09, and 184
313.10 of the Revised Code are hereby repealed. 185