As Reported by House Local Government & Townships Committee 1
123rd General Assembly 4
Regular Session Am. 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-CAREY-VERICH- 10
PETERSON-HOOPS 11
_________________________________________________________________ 12
A B I L L
To amend sections 313.02, and 313.10 and to enact 14
section 313.091 of the Revised Code to authorize 15
coroners, deputy coroners, or their 16
representatives to request medical and
psychiatric records in connection with an 17
autopsy, to protect those records from disclosure 18
as public records, and to require coroners to 19
complete continuing education requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 313.02, and 313.10 be amended and 24
section 313.091 of the Revised Code be enacted to read as
follows: 25
Sec. 313.02. (A) No person shall be eligible to the 34
office of coroner except a physician who has been licensed to 35
practice as a physician in this state for a period of at least 36
two years immediately preceding his election or appointment as a 37
coroner, and who is in good standing in his THE PERSON'S 39
profession, or is a person who was serving as coroner on October
12, 1945. 40
(B)(1) BEGINNING IN CALENDAR YEAR 2000 AND IN EACH FOURTH 42
YEAR THEREAFTER, EACH NEWLY ELECTED CORONER, AFTER THE GENERAL 43
ELECTION BUT PRIOR TO COMMENCING THE TERM OF OFFICE TO WHICH 44
ELECTED, SHALL ATTEND AND SUCCESSFULLY COMPLETE SIXTEEN HOURS OF 45
2
CONTINUING EDUCATION AT PROGRAMS SPONSORED BY THE OHIO STATE 46
CORONERS ASSOCIATION. WITHIN NINETY DAYS AFTER APPOINTMENT TO 47
THE OFFICE OF CORONER UNDER SECTION 305.02 OF THE REVISED CODE, 48
THE NEWLY APPOINTED CORONER SHALL ATTEND AND SUCCESSFULLY 49
COMPLETE SIXTEEN HOURS OF CONTINUING EDUCATION AT PROGRAMS 50
SPONSORED BY THE ASSOCIATION. HOURS OF CONTINUING EDUCATION 51
COMPLETED UNDER THE REQUIREMENT DESCRIBED IN DIVISION (B)(1) OF 52
THIS SECTION SHALL NOT BE COUNTED TOWARD FULFILLING THE 53
CONTINUING EDUCATION REQUIREMENT DESCRIBED IN DIVISION (B)(2) OF 55
THIS SECTION.
AS USED IN DIVISION (B)(1) OF THIS SECTION, "NEWLY ELECTED 57
CORONER" MEANS A PERSON WHO DID NOT HOLD THE OFFICE OF CORONER ON 58
THE DATE THE PERSON WAS ELECTED CORONER. 59
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF 61
THIS SECTION, BEGINNING IN CALENDAR YEAR 2001, EACH CORONER, 62
DURING THE CORONER'S FOUR-YEAR TERM, SHALL ATTEND AND 63
SUCCESSFULLY COMPLETE THIRTY-TWO HOURS OF CONTINUING EDUCATION AT 65
PROGRAMS SPONSORED BY THE OHIO STATE CORONERS ASSOCIATION. 66
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF THIS SECTION, 67
EACH CORONER SHALL ATTEND AND SUCCESSFULLY COMPLETE TWENTY-FOUR
OF THESE THIRTY-TWO HOURS AT STATEWIDE MEETINGS, AND EIGHT OF 68
THESE THIRTY-TWO HOURS AT REGIONAL MEETINGS, SPONSORED BY THE 70
ASSOCIATION. THE ASSOCIATION MAY APPROVE ATTENDANCE AT 71
CONTINUING EDUCATION PROGRAMS IT DOES NOT SPONSOR BUT, IF 72
ATTENDANCE IS APPROVED, SUCCESSFUL COMPLETION OF HOURS AT THESE 73
PROGRAMS SHALL BE COUNTED TOWARD FULFILLING ONLY THE TWENTY-FOUR 74
HOUR REQUIREMENT DESCRIBED IN DIVISION (B)(2) OF THIS SECTION. 75
(3) UPON SUCCESSFUL COMPLETION OF A CONTINUING EDUCATION 77
PROGRAM REQUIRED BY DIVISION (B)(1) OR (2) OF THIS SECTION, THE 78
PERSON WHO SUCCESSFULLY COMPLETES THE PROGRAM SHALL RECEIVE FROM 79
THE ASSOCIATION OR THE SPONSORING ORGANIZATION A CERTIFICATE 80
INDICATING THAT THE PERSON SUCCESSFULLY COMPLETED THE PROGRAM. 81
Sec. 313.091. IN CONNECTION WITH THE PERFORMANCE OF DUTIES 83
PERFORMED IN ACCORDANCE WITH THIS CHAPTER, A CORONER, DEPUTY 84
3
CORONER, OR REPRESENTATIVE OF A CORONER OR DEPUTY CORONER MAY 86
REQUEST, IN WRITING, TO INSPECT AND RECEIVE A COPY OF THE
DECEASED PERSON'S MEDICAL AND PSYCHIATRIC RECORDS. THE PERSON TO 87
WHOM THE REQUEST IS DELIVERED SHALL MAKE SUCH RECORDS IN THE 88
PERSON'S CUSTODY AVAILABLE DURING NORMAL BUSINESS HOURS TO THE 89
CORONER, DEPUTY CORONER, OR REPRESENTATIVE FOR PURPOSES OF 90
INSPECTION AND COPYING. A PERSON WHO PROVIDES COPIES OF MEDICAL 91
OR PSYCHIATRIC RECORDS PURSUANT TO A REQUEST MADE UNDER THIS
SECTION MAY REQUEST, IN WRITING, REIMBURSEMENT IN A SPECIFIED 92
AMOUNT FOR THE NECESSARY AND REASONABLE COSTS OF COPYING THE 93
RECORDS, IN WHICH CASE THE CORONER, DEPUTY CORONER, OR 94
REPRESENTATIVE SHALL REMIT THAT AMOUNT TO THE PERSON UPON RECEIPT
OF THE COPIES. 95
ANY MEDICAL OR PSYCHIATRIC RECORD PROVIDED TO A CORONER, 97
DEPUTY CORONER, OR REPRESENTATIVE OF A CORONER OR DEPUTY CORONER 98
UNDER THIS SECTION IS NOT A PUBLIC RECORD SUBJECT TO SECTION 99
149.43 OF THE REVISED CODE. THE RELEASE OF A DECEASED PERSON'S 101
MEDICAL OR PSYCHIATRIC RECORDS TO A CORONER, DEPUTY CORONER, OR 102
REPRESENTATIVE OF A CORONER OR DEPUTY CORONER IN ACCORDANCE WITH
THIS SECTION DOES NOT VIOLATE DIVISION (B)(4) OF SECTION 4731.22 103
OF THE REVISED CODE. 104
AS USED IN THIS SECTION AND SECTION 313.10 OF THE REVISED 107
CODE, "MEDICAL RECORD" HAS THE SAME MEANING AS IN DIVISION (A)(3) 108
OF SECTION 149.43 OF THE REVISED CODE. 109
Sec. 313.10. The EXCEPT FOR MEDICAL AND PSYCHIATRIC 118
RECORDS PROVIDED TO THE CORONER, A DEPUTY CORONER, OR A 120
REPRESENTATIVE OF THE CORONER OR DEPUTY CORONER UNDER SECTION 121
313.091 OF THE REVISED CODE, THE records of the coroner, made 122
PERSONALLY by himself THE CORONER or by anyone acting under his 124
THE CORONER'S direction or supervision, are public records, and 125
such THOSE records, or transcripts, or photostatic copies thereof 126
OF THEM, certified by the coroner, shall be received as evidence 128
in any criminal or civil court in this state, as to the facts 129
contained in such THOSE records.
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All EXCEPT FOR MEDICAL AND PSYCHIATRIC RECORDS PROVIDED TO 131
THE CORONER, A DEPUTY CORONER, OR A REPRESENTATIVE OF THE CORONER 133
OR A DEPUTY CORONER UNDER SECTION 313.091 OF THE REVISED CODE, 134
ALL records in the coroner's office shall be open to inspection 135
by the public, and any person may receive a copy of any such 136
record or part thereof OF IT upon demand in writing, accompanied 137
by payment of the transcript fee, at the rate of fifteen cents 138
per hundred words, or a minimum fee of one dollar. 139
Section 2. That existing sections 313.02, and 313.10 of 142
the Revised Code are hereby repealed.