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(123rd General Assembly)(Substitute House Bill Number 499)
To amend sections 313.02 and 313.10 and to enact section
313.091 of the Revised Code to authorize coroners, deputy
coroners, or their representatives to request medical and
psychiatric records in connection with an autopsy, to protect
those records from disclosure as public records, and to require
coroners to complete continuing education requirements.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 313.02 and 313.10 be amended
and section 313.091 of the Revised Code be enacted to read as
Sec. 313.02. (A) No person shall be eligible to the office of
coroner except a physician who has been licensed to practice as a physician in
this state for a period of at least two years immediately preceding
election or appointment as a coroner, and who is in good standing in
person's profession, or is a person who was serving as coroner on October
(B)(1) Beginning in calendar year 2000 and in each fourth year
thereafter, each newly elected coroner, after the general election but prior
to commencing the term of office to which elected,
shall attend and successfully complete sixteen hours of continuing
education at programs sponsored by the Ohio state coroners
association. Within ninety days after appointment to the office of coroner
under section 305.02 of the Revised Code, the newly appointed
coroner shall attend and successfully complete sixteen hours of continuing
education at programs
sponsored by the association. Hours of continuing education
completed under the requirement described in division (B)(1) of
this section shall not be counted toward fulfilling the continuing education
in division (B)(2) of this section.
As used in division (B)(1) of this section, "newly elected
coroner" means a person who did not hold the office of coroner on the
date the person was elected coroner.
(2) Except as otherwise provided in division (B)(2) of this
section, beginning in calendar year 2001, each coroner, during the coroner's
four-year term, shall attend and successfully complete thirty-two hours of
education at programs sponsored by the Ohio state coroners
association. Except as otherwise provided in division (B)(2) of
this section, each coroner shall attend and successfully complete twenty-four
of these thirty-two hours at statewide meetings, and eight of these thirty-two
regional meetings, sponsored by the association.
The association may approve attendance at
continuing education programs it does not sponsor but, if
attendance is approved, successful completion of hours at these
programs shall be counted toward fulfilling only the twenty-four-
hour requirement described in division (B)(2) of this section.
(3) Upon successful completion of a continuing education program
required by division (B)(1) or (2) of this section, the person who
successfully completes the program shall receive from the association or the
sponsoring organization a certificate
indicating that the person successfully completed the program.
Sec. 313.091. In connection with the performance of duties performed in
accordance with this chapter, a coroner, deputy coroner, or representative of
a coroner or deputy
coroner may request, in writing, to inspect and receive a copy of the
deceased person's medical and psychiatric records. The person to whom the
request is delivered shall make such records in the person's custody available
during normal business hours to the coroner, deputy coroner, or representative
for purposes of inspection and copying. A person who provides copies of
medical or psychiatric records pursuant to a request made under this section
may request, in writing, reimbursement in a specified amount for the necessary
and reasonable costs of copying the records, in which case the coroner, deputy
coroner, or representative shall remit that amount to the person upon receipt
of the copies.
Any medical or psychiatric record provided to a coroner,
deputy coroner, or representative of a coroner or deputy coroner under this
section is not a public record subject to section
149.43 of the Revised Code. The release of a
deceased person's medical or psychiatric records to a coroner, deputy
coroner, or representative of a coroner or deputy coroner in accordance with
this section does not violate division (B)(4) of section 4731.22 of
the Revised Code.
As used in this section and section 313.10 of the Revised
Code, "medical record" has the
same meaning as in division (A)(3) of section 149.43 of the
Sec. 313.10. The records of the coroner, made personally by
himself the coroner or by anyone acting
under his the coroner's direction or supervision, are
public records, and such those records, or
transcripts , or photostatic copies thereof of them,
the coroner, shall be received as evidence in any criminal or civil court in
this state, as to the facts contained in such those records. All Except for medical and psychiatric records provided to the
coroner, a deputy
coroner, or a representative of the coroner or a deputy coroner under section
313.091 of the Revised Code, all
records in the coroner's office shall be open to inspection by the public,
and any person may receive a copy of any such record or part thereof
of it upon demand in writing, accompanied by payment of the transcript
fee, at the rate of fifteen cents per hundred words, or a minimum fee of one
SECTION 2 . That existing sections 313.02 and 313.10
of the Revised Code are hereby repealed.