As Reported by the State and Local Government 2
and Veterans Affairs Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 499 6
1999-2000 7
REPRESENTATIVES BRADING-DISTEL-MEAD-HOLLISTER-CALLENDER- 9
REDFERN-HARTNETT-ASLANIDES-GARDNER-CATES-EVANS- 10
GRENDELL-JOLIVETTE-TAYLOR-WILLAMOWSKI-CAREY-VERICH- 11
PETERSON-HOOPS-A. CORE-DAMSCHRODER-HARRIS-TERWILLEGER- 12
OLMAN-METZGER-METELSKY-BARRETT-STEVENS-BRITTON 13
_________________________________________________________________ 14
A B I L L
To amend sections 313.02 and 313.10 and to enact 16
section 313.091 of the Revised Code to authorize 17
coroners, deputy coroners, or their 18
representatives to request medical and
psychiatric records in connection with an 19
autopsy, to protect those records from disclosure 20
as public records, and to require coroners to 21
complete continuing education requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 313.02 and 313.10 be amended and 26
section 313.091 of the Revised Code be enacted to read as
follows: 27
Sec. 313.02. (A) No person shall be eligible to the 36
office of coroner except a physician who has been licensed to 37
practice as a physician in this state for a period of at least 38
two years immediately preceding his election or appointment as a 39
coroner, and who is in good standing in his THE PERSON'S 41
profession, or is a person who was serving as coroner on October
12, 1945. 42
(B)(1) BEGINNING IN CALENDAR YEAR 2000 AND IN EACH FOURTH 44
YEAR THEREAFTER, EACH NEWLY ELECTED CORONER, AFTER THE GENERAL 45
2
ELECTION BUT PRIOR TO COMMENCING THE TERM OF OFFICE TO WHICH 46
ELECTED, SHALL ATTEND AND SUCCESSFULLY COMPLETE SIXTEEN HOURS OF 47
CONTINUING EDUCATION AT PROGRAMS SPONSORED BY THE OHIO STATE 48
CORONERS ASSOCIATION. WITHIN NINETY DAYS AFTER APPOINTMENT TO 49
THE OFFICE OF CORONER UNDER SECTION 305.02 OF THE REVISED CODE, 50
THE NEWLY APPOINTED CORONER SHALL ATTEND AND SUCCESSFULLY 51
COMPLETE SIXTEEN HOURS OF CONTINUING EDUCATION AT PROGRAMS 52
SPONSORED BY THE ASSOCIATION. HOURS OF CONTINUING EDUCATION 53
COMPLETED UNDER THE REQUIREMENT DESCRIBED IN DIVISION (B)(1) OF 54
THIS SECTION SHALL NOT BE COUNTED TOWARD FULFILLING THE 55
CONTINUING EDUCATION REQUIREMENT DESCRIBED IN DIVISION (B)(2) OF 57
THIS SECTION.
AS USED IN DIVISION (B)(1) OF THIS SECTION, "NEWLY ELECTED 59
CORONER" MEANS A PERSON WHO DID NOT HOLD THE OFFICE OF CORONER ON 60
THE DATE THE PERSON WAS ELECTED CORONER. 61
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF 63
THIS SECTION, BEGINNING IN CALENDAR YEAR 2001, EACH CORONER, 64
DURING THE CORONER'S FOUR-YEAR TERM, SHALL ATTEND AND 65
SUCCESSFULLY COMPLETE THIRTY-TWO HOURS OF CONTINUING EDUCATION AT 67
PROGRAMS SPONSORED BY THE OHIO STATE CORONERS ASSOCIATION. 68
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF THIS SECTION, 69
EACH CORONER SHALL ATTEND AND SUCCESSFULLY COMPLETE TWENTY-FOUR
OF THESE THIRTY-TWO HOURS AT STATEWIDE MEETINGS, AND EIGHT OF 70
THESE THIRTY-TWO HOURS AT REGIONAL MEETINGS, SPONSORED BY THE 72
ASSOCIATION. THE ASSOCIATION MAY APPROVE ATTENDANCE AT 73
CONTINUING EDUCATION PROGRAMS IT DOES NOT SPONSOR BUT, IF 74
ATTENDANCE IS APPROVED, SUCCESSFUL COMPLETION OF HOURS AT THESE 75
PROGRAMS SHALL BE COUNTED TOWARD FULFILLING ONLY THE TWENTY-FOUR- 76
HOUR REQUIREMENT DESCRIBED IN DIVISION (B)(2) OF THIS SECTION. 77
(3) UPON SUCCESSFUL COMPLETION OF A CONTINUING EDUCATION 79
PROGRAM REQUIRED BY DIVISION (B)(1) OR (2) OF THIS SECTION, THE 80
PERSON WHO SUCCESSFULLY COMPLETES THE PROGRAM SHALL RECEIVE FROM 81
THE ASSOCIATION OR THE SPONSORING ORGANIZATION A CERTIFICATE 82
INDICATING THAT THE PERSON SUCCESSFULLY COMPLETED THE PROGRAM. 83
3
Sec. 313.091. IN CONNECTION WITH THE PERFORMANCE OF DUTIES 85
PERFORMED IN ACCORDANCE WITH THIS CHAPTER, A CORONER, DEPUTY 86
CORONER, OR REPRESENTATIVE OF A CORONER OR DEPUTY CORONER MAY 88
REQUEST, IN WRITING, TO INSPECT AND RECEIVE A COPY OF THE
DECEASED PERSON'S MEDICAL AND PSYCHIATRIC RECORDS. THE PERSON TO 89
WHOM THE REQUEST IS DELIVERED SHALL MAKE SUCH RECORDS IN THE 90
PERSON'S CUSTODY AVAILABLE DURING NORMAL BUSINESS HOURS TO THE 91
CORONER, DEPUTY CORONER, OR REPRESENTATIVE FOR PURPOSES OF 92
INSPECTION AND COPYING. A PERSON WHO PROVIDES COPIES OF MEDICAL 93
OR PSYCHIATRIC RECORDS PURSUANT TO A REQUEST MADE UNDER THIS
SECTION MAY REQUEST, IN WRITING, REIMBURSEMENT IN A SPECIFIED 94
AMOUNT FOR THE NECESSARY AND REASONABLE COSTS OF COPYING THE 95
RECORDS, IN WHICH CASE THE CORONER, DEPUTY CORONER, OR 96
REPRESENTATIVE SHALL REMIT THAT AMOUNT TO THE PERSON UPON RECEIPT
OF THE COPIES. 97
ANY MEDICAL OR PSYCHIATRIC RECORD PROVIDED TO A CORONER, 99
DEPUTY CORONER, OR REPRESENTATIVE OF A CORONER OR DEPUTY CORONER 100
UNDER THIS SECTION IS NOT A PUBLIC RECORD SUBJECT TO SECTION 101
149.43 OF THE REVISED CODE. THE RELEASE OF A DECEASED PERSON'S 103
MEDICAL OR PSYCHIATRIC RECORDS TO A CORONER, DEPUTY CORONER, OR 104
REPRESENTATIVE OF A CORONER OR DEPUTY CORONER IN ACCORDANCE WITH
THIS SECTION DOES NOT VIOLATE DIVISION (B)(4) OF SECTION 4731.22 105
OF THE REVISED CODE. 106
AS USED IN THIS SECTION AND SECTION 313.10 OF THE REVISED 109
CODE, "MEDICAL RECORD" HAS THE SAME MEANING AS IN DIVISION (A)(3) 110
OF SECTION 149.43 OF THE REVISED CODE. 111
Sec. 313.10. The records of the coroner, made PERSONALLY 120
by himself THE CORONER or by anyone acting under his THE 122
CORONER'S direction or supervision, are public records, and such 123
THOSE records, or transcripts, or photostatic copies thereof OF 124
THEM, certified by the coroner, shall be received as evidence in 126
any criminal or civil court in this state, as to the facts 127
contained in such THOSE records.
All EXCEPT FOR MEDICAL AND PSYCHIATRIC RECORDS PROVIDED TO 129
4
THE CORONER, A DEPUTY CORONER, OR A REPRESENTATIVE OF THE CORONER 131
OR A DEPUTY CORONER UNDER SECTION 313.091 OF THE REVISED CODE, 132
ALL records in the coroner's office shall be open to inspection 133
by the public, and any person may receive a copy of any such 134
record or part thereof OF IT upon demand in writing, accompanied 135
by payment of the transcript fee, at the rate of fifteen cents 136
per hundred words, or a minimum fee of one dollar. 137
Section 2. That existing sections 313.02 and 313.10 of the 140
Revised Code are hereby repealed.