The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 499 |
REPRESENTATIVES BRADING-DISTEL-MEAD-HOLLISTER-CALLENDER-
REDFERN-HARTNETT-ASLANIDES-GARDNER-CATES-EVANS-
GRENDELL-JOLIVETTE-TAYLOR-WILLAMOWSKI
A BILL
To amend sections 313.02, 313.09, 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, 313.09, and 313.10 be amended
and section 313.091 of the Revised Code be enacted to read as
follows:
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 his
election or appointment as a coroner, and who is in good standing in
his THE
PERSON'S profession, or is a person who was serving as coroner on October
12, 1945.
(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
REQUIREMENT DESCRIBED
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
CONTINUING
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
HOURS AT
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. 313.09. The coroner shall keep a complete record of,
and shall fill in the cause of death on the death certificate,
in, all cases coming under his THE CORONER'S
jurisdiction. All
records shall be
kept in the office of the coroner, but, if no such office is
maintained, then such THE records shall be kept in the office of
the
clerk of the court of common pleas. Such THE records shall be
properly indexed, and shall state the name, if known, of every
deceased person as described in section 313.12 of the Revised
Code, the place where the body was found, THE date of death, THE
cause of
death, and all other available information. The report of the
coroner and the detailed findings of the autopsy shall be
attached to the report of each case. The coroner shall promptly
deliver, to the prosecuting attorney of the county in which such
THE death occurred, copies of all necessary records, EXCEPT
FOR COPIES OF 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, relating to every
death in which, in the judgment of the coroner or prosecuting
attorney, further investigation is advisable. The sheriff of the
county, the police of the city, the constable of the township, or THE
marshal of the village in which the death occurred may be
requested to furnish more information or make further
investigation when requested by the coroner or his THE CORONER'S
deputy. The prosecuting attorney may obtain copies of records,
EXCEPT FOR COPIES OF 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, and such other
information as is necessary from the office of the coroner. All
records of the coroner are the property of the county.
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 SECTIONS 313.09
AND 313.10 OF THE REVISED CODE, "MEDICAL RECORD" HAS THE
SAME MEANING AS IN DIVISION (A)(3) OF SECTION 149.43 OF THE
REVISED CODE.
Sec. 313.10. The EXCEPT FOR MEDICAL AND PSYCHIATRIC RECORDS
PROVIDED TO THE CORONER, A
DEPUTY CORONER, OR A REPRESENTATIVE OF THE CORONER OR DEPUTY CORONER UNDER
SECTION 313.091 OF THE REVISED CODE,
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,
certified by
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
dollar.
Section 2. That existing sections 313.02, 313.09, and 313.10
of the Revised Code are hereby repealed.
|