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.