§ 5-309. Autopsy requirements
West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2023
Effective: October 1, 2023
MD Code, Health - General, § 5-309
Formerly cited as MD HEALTH GEN § 5-310
§ 5-309. Autopsy requirements
(a) If the cause of death is established to a reasonable degree of medical certainty, the medical examiner who investigates the case shall file in the medical examiner's office a report on the cause of death within 30 days after notification of the case.
(b)(1) If the medical examiner who investigates a medical examiner's case considers an autopsy necessary, the Chief Medical Examiner, a deputy chief medical examiner, an assistant medical examiner, or a pathologist authorized by the Chief Medical Examiner shall perform the autopsy.
(c)(1) A medical examiner shall conduct an autopsy of any fire fighter and any sworn personnel of the State Fire Marshal's Office who dies in the line of duty or as a result of injuries sustained in the line of duty.
(4) The autopsy and analysis shall be sufficient to determine eligibility for benefits under the federal Public Safety Officers' Benefits Act of 1976.1
(d)(1)(i) The individual who performs the autopsy shall prepare detailed written findings during the progress of the autopsy.
(2)(i) Except in a case of a finding of homicide, a person in interest as defined in § 4-101(e) of the General Provisions Article may request the medical examiner to correct findings and conclusions on the cause and manner of death recorded on a certificate of death under § 4-502 of the General Provisions Article within 180 days after the medical examiner files those findings and conclusions.
(vi) If the final decision of the Secretary, or of the Secretary's designee, or of a court of competent jurisdiction on appeal, establishes a different finding or conclusion on the cause or manner of death of a deceased than that recorded on the certificate of death, the medical examiner shall amend the certificate to reflect the different finding or conclusion under §§ 4-212 and 4-214 of this article and § 4-502 of the General Provisions Article.
Credits
Added as Health General § 5-310 by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1984, c. 246, § 1, eff. July 1, 1985; Acts 1986, c. 578, § 1, eff. July 1, 1986; Acts 1990, c. 238, § 1, eff. July 1, 1990; Acts 1992, c. 547, § 1, eff. Jan. 1, 1993; Acts 2008, c. 69, § 1, eff. Oct. 1, 2008; Acts 2009, c. 130, § 1, eff. Oct. 1, 2009; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2011, c. 65, § 5, eff. April 12, 2011; Acts 2015, c. 22, § 5; Acts 2021, c. 788, § 1, eff. Oct. 1, 2021. Renumbered as Health General § 5-309 and amended by Acts 2023, c. 268, § 1, eff. July 1, 2023. Amended by Acts 2023, c. 296, § 1, eff. Oct. 1, 2023.
Formerly Art. 22, § 7.
Footnotes
Pub.L. 107-37, Sept. 18, 2001, 115 Stat. 219.
MD Code, Health - General, § 5-309, MD HEALTH GEN § 5-309
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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