As Passed by the House 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-A. CORE-DAMSCHRODER-HARRIS-TERWILLEGER- 11
OLMAN-METZGER-METELSKY-BARRETT-STEVENS-BRITTON 12
_________________________________________________________________ 13
A B I L L
To amend sections 313.02 and 313.10 and to enact 15
section 313.091 of the Revised Code to authorize 16
coroners, deputy coroners, or their 17
representatives to request medical and
psychiatric records in connection with an 18
autopsy, to protect those records from disclosure 19
as public records, and to require coroners to 20
complete continuing education requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 313.02 and 313.10 be amended and 25
section 313.091 of the Revised Code be enacted to read as
follows: 26
Sec. 313.02. (A) No person shall be eligible to the 35
office of coroner except a physician who has been licensed to 36
practice as a physician in this state for a period of at least 37
two years immediately preceding his election or appointment as a 38
coroner, and who is in good standing in his THE PERSON'S 40
profession, or is a person who was serving as coroner on October
12, 1945. 41
(B)(1) BEGINNING IN CALENDAR YEAR 2000 AND IN EACH FOURTH 43
YEAR THEREAFTER, EACH NEWLY ELECTED CORONER, AFTER THE GENERAL 44
ELECTION BUT PRIOR TO COMMENCING THE TERM OF OFFICE TO WHICH 45
2
ELECTED, SHALL ATTEND AND SUCCESSFULLY COMPLETE SIXTEEN HOURS OF 46
CONTINUING EDUCATION AT PROGRAMS SPONSORED BY THE OHIO STATE 47
CORONERS ASSOCIATION. WITHIN NINETY DAYS AFTER APPOINTMENT TO 48
THE OFFICE OF CORONER UNDER SECTION 305.02 OF THE REVISED CODE, 49
THE NEWLY APPOINTED CORONER SHALL ATTEND AND SUCCESSFULLY 50
COMPLETE SIXTEEN HOURS OF CONTINUING EDUCATION AT PROGRAMS 51
SPONSORED BY THE ASSOCIATION. HOURS OF CONTINUING EDUCATION 52
COMPLETED UNDER THE REQUIREMENT DESCRIBED IN DIVISION (B)(1) OF 53
THIS SECTION SHALL NOT BE COUNTED TOWARD FULFILLING THE 54
CONTINUING EDUCATION REQUIREMENT DESCRIBED IN DIVISION (B)(2) OF 56
THIS SECTION.
AS USED IN DIVISION (B)(1) OF THIS SECTION, "NEWLY ELECTED 58
CORONER" MEANS A PERSON WHO DID NOT HOLD THE OFFICE OF CORONER ON 59
THE DATE THE PERSON WAS ELECTED CORONER. 60
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF 62
THIS SECTION, BEGINNING IN CALENDAR YEAR 2001, EACH CORONER, 63
DURING THE CORONER'S FOUR-YEAR TERM, SHALL ATTEND AND 64
SUCCESSFULLY COMPLETE THIRTY-TWO HOURS OF CONTINUING EDUCATION AT 66
PROGRAMS SPONSORED BY THE OHIO STATE CORONERS ASSOCIATION. 67
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF THIS SECTION, 68
EACH CORONER SHALL ATTEND AND SUCCESSFULLY COMPLETE TWENTY-FOUR
OF THESE THIRTY-TWO HOURS AT STATEWIDE MEETINGS, AND EIGHT OF 69
THESE THIRTY-TWO HOURS AT REGIONAL MEETINGS, SPONSORED BY THE 71
ASSOCIATION. THE ASSOCIATION MAY APPROVE ATTENDANCE AT 72
CONTINUING EDUCATION PROGRAMS IT DOES NOT SPONSOR BUT, IF 73
ATTENDANCE IS APPROVED, SUCCESSFUL COMPLETION OF HOURS AT THESE 74
PROGRAMS SHALL BE COUNTED TOWARD FULFILLING ONLY THE TWENTY-FOUR- 75
HOUR REQUIREMENT DESCRIBED IN DIVISION (B)(2) OF THIS SECTION. 76
(3) UPON SUCCESSFUL COMPLETION OF A CONTINUING EDUCATION 78
PROGRAM REQUIRED BY DIVISION (B)(1) OR (2) OF THIS SECTION, THE 79
PERSON WHO SUCCESSFULLY COMPLETES THE PROGRAM SHALL RECEIVE FROM 80
THE ASSOCIATION OR THE SPONSORING ORGANIZATION A CERTIFICATE 81
INDICATING THAT THE PERSON SUCCESSFULLY COMPLETED THE PROGRAM. 82
Sec. 313.091. IN CONNECTION WITH THE PERFORMANCE OF DUTIES 84
3
PERFORMED IN ACCORDANCE WITH THIS CHAPTER, A CORONER, DEPUTY 85
CORONER, OR REPRESENTATIVE OF A CORONER OR DEPUTY CORONER MAY 87
REQUEST, IN WRITING, TO INSPECT AND RECEIVE A COPY OF THE
DECEASED PERSON'S MEDICAL AND PSYCHIATRIC RECORDS. THE PERSON TO 88
WHOM THE REQUEST IS DELIVERED SHALL MAKE SUCH RECORDS IN THE 89
PERSON'S CUSTODY AVAILABLE DURING NORMAL BUSINESS HOURS TO THE 90
CORONER, DEPUTY CORONER, OR REPRESENTATIVE FOR PURPOSES OF 91
INSPECTION AND COPYING. A PERSON WHO PROVIDES COPIES OF MEDICAL 92
OR PSYCHIATRIC RECORDS PURSUANT TO A REQUEST MADE UNDER THIS
SECTION MAY REQUEST, IN WRITING, REIMBURSEMENT IN A SPECIFIED 93
AMOUNT FOR THE NECESSARY AND REASONABLE COSTS OF COPYING THE 94
RECORDS, IN WHICH CASE THE CORONER, DEPUTY CORONER, OR 95
REPRESENTATIVE SHALL REMIT THAT AMOUNT TO THE PERSON UPON RECEIPT
OF THE COPIES. 96
ANY MEDICAL OR PSYCHIATRIC RECORD PROVIDED TO A CORONER, 98
DEPUTY CORONER, OR REPRESENTATIVE OF A CORONER OR DEPUTY CORONER 99
UNDER THIS SECTION IS NOT A PUBLIC RECORD SUBJECT TO SECTION 100
149.43 OF THE REVISED CODE. THE RELEASE OF A DECEASED PERSON'S 102
MEDICAL OR PSYCHIATRIC RECORDS TO A CORONER, DEPUTY CORONER, OR 103
REPRESENTATIVE OF A CORONER OR DEPUTY CORONER IN ACCORDANCE WITH
THIS SECTION DOES NOT VIOLATE DIVISION (B)(4) OF SECTION 4731.22 104
OF THE REVISED CODE. 105
AS USED IN THIS SECTION AND SECTION 313.10 OF THE REVISED 108
CODE, "MEDICAL RECORD" HAS THE SAME MEANING AS IN DIVISION (A)(3) 109
OF SECTION 149.43 OF THE REVISED CODE. 110
Sec. 313.10. The EXCEPT FOR MEDICAL AND PSYCHIATRIC 119
RECORDS PROVIDED TO THE CORONER, A DEPUTY CORONER, OR A 121
REPRESENTATIVE OF THE CORONER OR DEPUTY CORONER UNDER SECTION 122
313.091 OF THE REVISED CODE, THE records of the coroner, made 123
PERSONALLY by himself THE CORONER or by anyone acting under his 125
THE CORONER'S direction or supervision, are public records, and 126
such THOSE records, or transcripts, or photostatic copies thereof 127
OF THEM, certified by the coroner, shall be received as evidence 129
in any criminal or civil court in this state, as to the facts 130
4
contained in such THOSE records.
All EXCEPT FOR MEDICAL AND PSYCHIATRIC RECORDS PROVIDED TO 132
THE CORONER, A DEPUTY CORONER, OR A REPRESENTATIVE OF THE CORONER 134
OR A DEPUTY CORONER UNDER SECTION 313.091 OF THE REVISED CODE, 135
ALL records in the coroner's office shall be open to inspection 136
by the public, and any person may receive a copy of any such 137
record or part thereof OF IT upon demand in writing, accompanied 138
by payment of the transcript fee, at the rate of fifteen cents 139
per hundred words, or a minimum fee of one dollar. 140
Section 2. That existing sections 313.02 and 313.10 of the 143
Revised Code are hereby repealed.