As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                           Sub. 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-A. CORE-DAMSCHRODER-HARRIS-TERWILLEGER-        11           

         OLMAN-METZGER-METELSKY-BARRETT-STEVENS-BRITTON-           13           

                     SENATORS GARDNER-LATELL                                    


_________________________________________________________________   15           

                          A   B I L L                                           

             To amend sections 313.02 and 313.10 and to enact      17           

                section 313.091 of the Revised Code to authorize   18           

                coroners, deputy coroners, or their                19           

                representatives to request medical and                          

                psychiatric records in connection with an          20           

                autopsy, to protect those records from disclosure  21           

                as public records, and to require coroners to      22           

                complete continuing education requirements.                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        24           

      Section 1.  That sections 313.02 and 313.10 be amended and   27           

section 313.091 of the Revised Code be enacted to read as                       

follows:                                                           28           

      Sec. 313.02.  (A)  No person shall be eligible to the        37           

office of coroner except a physician who has been licensed to      38           

practice as a physician in this state for a period of at least     39           

two years immediately preceding his election or appointment as a   40           

coroner, and who is in good standing in his THE PERSON'S           42           

profession, or is a person who was serving as coroner on October                

12, 1945.                                                          43           

      (B)(1)  BEGINNING IN CALENDAR YEAR 2000 AND IN EACH FOURTH   45           

YEAR THEREAFTER, EACH NEWLY ELECTED CORONER, AFTER THE GENERAL     46           

                                                          2      


                                                                 
ELECTION BUT PRIOR TO COMMENCING THE TERM OF OFFICE TO WHICH       47           

ELECTED, SHALL ATTEND AND SUCCESSFULLY COMPLETE SIXTEEN HOURS OF   48           

CONTINUING EDUCATION AT PROGRAMS SPONSORED BY THE OHIO STATE       49           

CORONERS ASSOCIATION.  WITHIN NINETY DAYS AFTER APPOINTMENT TO     50           

THE OFFICE OF CORONER UNDER SECTION 305.02 OF THE REVISED CODE,    51           

THE NEWLY APPOINTED CORONER SHALL ATTEND AND SUCCESSFULLY          52           

COMPLETE SIXTEEN HOURS OF CONTINUING EDUCATION AT PROGRAMS         53           

SPONSORED BY THE ASSOCIATION.  HOURS OF CONTINUING EDUCATION       54           

COMPLETED UNDER THE REQUIREMENT DESCRIBED IN DIVISION (B)(1) OF    55           

THIS SECTION SHALL NOT BE COUNTED TOWARD FULFILLING THE            56           

CONTINUING EDUCATION REQUIREMENT DESCRIBED IN DIVISION (B)(2) OF   58           

THIS SECTION.                                                                   

      AS USED IN DIVISION (B)(1) OF THIS SECTION, "NEWLY ELECTED   60           

CORONER" MEANS A PERSON WHO DID NOT HOLD THE OFFICE OF CORONER ON  61           

THE DATE THE PERSON WAS ELECTED CORONER.                           62           

      (2)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF      64           

THIS SECTION, BEGINNING IN CALENDAR YEAR 2001, EACH CORONER,       65           

DURING THE CORONER'S FOUR-YEAR TERM, SHALL ATTEND AND              66           

SUCCESSFULLY COMPLETE THIRTY-TWO HOURS OF CONTINUING EDUCATION AT  68           

PROGRAMS SPONSORED BY THE OHIO STATE CORONERS ASSOCIATION.         69           

EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF THIS SECTION,   70           

EACH CORONER SHALL ATTEND AND SUCCESSFULLY COMPLETE TWENTY-FOUR                 

OF THESE THIRTY-TWO HOURS AT STATEWIDE MEETINGS, AND EIGHT OF      71           

THESE THIRTY-TWO HOURS AT REGIONAL MEETINGS, SPONSORED BY THE      73           

ASSOCIATION.  THE ASSOCIATION MAY APPROVE ATTENDANCE AT            74           

CONTINUING EDUCATION PROGRAMS IT DOES NOT SPONSOR BUT, IF          75           

ATTENDANCE IS APPROVED, SUCCESSFUL COMPLETION OF HOURS AT THESE    76           

PROGRAMS SHALL BE COUNTED TOWARD FULFILLING ONLY THE TWENTY-FOUR-  77           

HOUR REQUIREMENT DESCRIBED IN DIVISION (B)(2) OF THIS SECTION.     78           

      (3)  UPON SUCCESSFUL COMPLETION OF A CONTINUING EDUCATION    80           

PROGRAM REQUIRED BY DIVISION (B)(1) OR (2) OF THIS SECTION, THE    81           

PERSON WHO SUCCESSFULLY COMPLETES THE PROGRAM SHALL RECEIVE FROM   82           

THE ASSOCIATION OR THE SPONSORING ORGANIZATION A CERTIFICATE       83           

INDICATING THAT THE PERSON SUCCESSFULLY COMPLETED THE PROGRAM.     84           

                                                          3      


                                                                 
      Sec. 313.091.  IN CONNECTION WITH THE PERFORMANCE OF DUTIES  86           

PERFORMED IN ACCORDANCE WITH THIS CHAPTER, A CORONER, DEPUTY       87           

CORONER, OR REPRESENTATIVE OF A CORONER OR DEPUTY CORONER MAY      89           

REQUEST, IN WRITING, TO INSPECT AND RECEIVE A COPY OF THE                       

DECEASED PERSON'S MEDICAL AND PSYCHIATRIC RECORDS.  THE PERSON TO  90           

WHOM THE REQUEST IS DELIVERED SHALL MAKE SUCH RECORDS IN THE       91           

PERSON'S CUSTODY AVAILABLE DURING NORMAL BUSINESS HOURS TO THE     92           

CORONER, DEPUTY CORONER, OR REPRESENTATIVE FOR PURPOSES OF         93           

INSPECTION AND COPYING.  A PERSON WHO PROVIDES COPIES OF MEDICAL   94           

OR PSYCHIATRIC RECORDS PURSUANT TO A REQUEST MADE UNDER THIS                    

SECTION MAY REQUEST, IN WRITING, REIMBURSEMENT IN A SPECIFIED      95           

AMOUNT FOR THE NECESSARY AND REASONABLE COSTS OF COPYING THE       96           

RECORDS, IN WHICH CASE THE CORONER, DEPUTY CORONER, OR             97           

REPRESENTATIVE SHALL REMIT THAT AMOUNT TO THE PERSON UPON RECEIPT               

OF THE COPIES.                                                     98           

      ANY MEDICAL OR PSYCHIATRIC RECORD PROVIDED TO A CORONER,     100          

DEPUTY CORONER, OR REPRESENTATIVE OF A CORONER OR DEPUTY CORONER   101          

UNDER THIS SECTION IS NOT A PUBLIC RECORD SUBJECT TO SECTION       102          

149.43 OF THE REVISED CODE.  THE RELEASE OF A DECEASED PERSON'S    104          

MEDICAL OR PSYCHIATRIC RECORDS TO A CORONER, DEPUTY CORONER, OR    105          

REPRESENTATIVE OF A CORONER OR DEPUTY CORONER IN ACCORDANCE WITH                

THIS SECTION DOES NOT VIOLATE DIVISION (B)(4) OF SECTION 4731.22   106          

OF THE REVISED CODE.                                               107          

      AS USED IN THIS SECTION AND SECTION 313.10 OF THE REVISED    110          

CODE, "MEDICAL RECORD" HAS THE SAME MEANING AS IN DIVISION (A)(3)  111          

OF SECTION 149.43 OF THE REVISED CODE.                             112          

      Sec. 313.10.  The records of the coroner, made PERSONALLY    121          

by himself THE CORONER or by anyone acting under his THE           123          

CORONER'S direction or supervision, are public records, and such   124          

THOSE records, or transcripts, or photostatic copies thereof OF    125          

THEM, certified by the coroner, shall be received as evidence in   127          

any criminal or civil court in this state, as to the facts         128          

contained in such THOSE records.                                                

      All EXCEPT FOR MEDICAL AND PSYCHIATRIC RECORDS PROVIDED TO   130          

                                                          4      


                                                                 
THE CORONER, A DEPUTY CORONER, OR A REPRESENTATIVE OF THE CORONER  132          

OR A DEPUTY CORONER UNDER SECTION 313.091 OF THE REVISED CODE,     133          

ALL records in the coroner's office shall be open to inspection    134          

by the public, and any person may receive a copy of any such       135          

record or part thereof OF IT upon demand in writing, accompanied   136          

by payment of the transcript fee, at the rate of fifteen cents     137          

per hundred words, or a minimum fee of one dollar.                 138          

      Section 2.  That existing sections 313.02 and 313.10 of the  141          

Revised Code are hereby repealed.