A. The county medical examiner or alternate medical examiner shall direct a death investigation and, on a determination that the circumstances of the death provide jurisdiction pursuant to section 11-593, subsection B, shall:

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Terms Used In Arizona Laws 11-594

  • Alternate medical examiner: means a physician who has training and competence in the principles of death investigation and who performs or directs the conduct of death investigations. See Arizona Laws 11-591
  • Autopsy: means a surgical procedure in which internal organs are exposed, removed or examined for the identification of trauma or natural disease. See Arizona Laws 11-591
  • Death investigation: means the investigation directed by a county medical examiner or alternate medical examiner into the circumstances surrounding a death occurring as prescribed in section 11-593. See Arizona Laws 11-591
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Forensic pathologist: means a physician who has successfully completed a pathology residency and a forensic fellowship or has extensive experience performing forensic autopsies in an official capacity. See Arizona Laws 11-591
  • Investigative information: means information received by a medical examiner or alternate medical examiner from law enforcement, witnesses, family members, health care personnel or medical death investigators concerning cause and manner of death. See Arizona Laws 11-591
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Medical death investigator: means a person trained in the principles of death investigation. See Arizona Laws 11-591
  • Medical examiner: means a forensic pathologist who performs or directs the conduct of death investigations. See Arizona Laws 11-591
  • Organ procurement organization: means an organization located within this state that meets the requirements of 42 United States Code § 273. See Arizona Laws 11-591
  • Pathologist assistant: means a person certified as a pathologist assistant who has graduated from a pathologist assistant training program approved by a national accrediting agency for clinical laboratory sciences. See Arizona Laws 11-591
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Arizona Laws 11-487.01
  • Physician: means a person licensed pursuant to Title 32, Chapter 13 or 17. See Arizona Laws 11-591
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 11-487.01
  • Subpoena: A command to a witness to appear and give testimony.
  • Writing: includes printing. See Arizona Laws 1-215

1. Take charge of the dead body.

2. Determine if an autopsy is required.

3. Certify to the cause and manner of death following completion of the death investigation, reduce the findings to writing and promptly make a full report on forms prescribed for that purpose.

4. Have subpoena authority for all documents, records and papers deemed useful in the death investigation.

5. Execute a death certificate provided by the state registrar of vital statistics indicating the cause and the manner of death for those bodies for which a death investigation has been conducted and jurisdiction is assumed.

6. Give approval for cremation or alkaline hydrolysis of a dead body after a death investigation and record the approval on the death certificate.

7. Notify the county attorney or other law enforcement authority when death is found to be from nonnatural causes.

8. Carry out the duties specified under section 28-668.

9. Carry out the duties specified under Title 36, Chapter 7, article 3.

10. Provide a blood sample from a deceased person for the purpose of communicable disease testing pursuant to sections 13-1210 and 36-670 if the blood is available and the collection or release will not interfere with a medical examination, autopsy or certification of death.

11. Observe all policies adopted by the board of supervisors regarding conflicts of interest and disclosure of noncounty employment.

B. The county medical examiner or alternate medical examiner may:

1. Assign to a medical death investigator or other qualified personnel all aspects of a death investigation except performing autopsies.

2. Authorize forensic pathologists to perform examinations and autopsies. The medical examiner or alternate medical examiner may authorize medical students or residents and fellows in pathology training to perform autopsies under the supervision of a licensed physician who is board certified in forensic pathology, pursuant to procedures adopted by the county medical examiner or alternate medical examiner. Authorization and the amount to be paid by the county for pathology services are subject to approval of the board of supervisors.

3. Authorize pathologist assistants to assist with performing autopsies under the direct supervision of a licensed physician who is board certified in forensic pathology, pursuant to procedures adopted by the county medical examiner or alternate medical examiner. A pathologist assistant may not certify a cause of death or independently perform an autopsy.

4. Delegate any power, duty or function, whether ministerial or discretionary, vested by this chapter in the medical examiner or alternate medical examiner to a person meeting the qualifications prescribed in this chapter who is employed by or who has contracted with the county to provide death investigation services. The medical examiner or alternate medical examiner shall be responsible for the official acts of the person designated pursuant to this section and shall act under the name and authority of the medical examiner or alternate medical examiner.

5. Authorize the taking of organs and tissues as they prove to be usable for transplants, other treatment, therapy, education or research if all of the requirements of Title 36, Chapter 7, Article 3 are met. The medical examiner or alternate medical examiner shall give this authorization within a time period that allows a medically viable donation.

6. Authorize licensed physicians, surgeons or trained technicians to remove parts of bodies provided they follow an established protocol approved by the medical examiner or alternate medical examiner.

7. Limit the removal of organs or tissues for transplants or other therapy or treatment if, based on a review of available medical and investigative information within a time that allows a medically viable donation, the medical examiner or alternate medical examiner makes an initial determination that their removal would interfere with a medical examination, autopsy or certification of death. Before making a final decision to limit the removal of organs, the medical examiner or alternate medical examiner shall consult with the organ procurement organization. After the consultation and when the organ procurement organization provides information that the organ procurement organization reasonably believes could alter the initial decision and at the request of the organ procurement organization, the medical examiner or alternate medical examiner shall conduct a physical examination of the body. If the medical examiner or alternate medical examiner limits the removal of organs, the medical examiner or alternate medical examiner shall maintain documentation of this decision and shall make the documentation available to the organ procurement organization.

C. A county medical examiner or alternate medical examiner shall not be held civilly or criminally liable for any acts performed in good faith pursuant to subsection A, paragraph 10 and subsection B, paragraphs 5, 6 and 7 of this section.

D. If a dispute arises over the findings of the medical examiner’s report, the medical examiner, on an order of the superior court, shall make available all evidence and documentation to a court-designated licensed forensic pathologist for review, and the results of the review shall be reported to the superior court in the county issuing the order.

E. For providing external examinations and autopsies pursuant to this section, the medical examiner may charge a fee established by the board of supervisors pursuant to Section 11-251.08.

F. The county medical examiner or alternate medical examiner is entitled to all medical records and related records of a person for whom the medical examiner is required to certify cause of death.