Arizona Laws 11-597. Autopsies; reports; exemption from liability
A. The county medical examiner or alternate medical examiner shall conduct a death investigation to determine whether or not the public interest requires an external examination, autopsy or other special investigation.
Terms Used In Arizona Laws 11-597
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- 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
- External examination: means an external inspection of a body. See Arizona Laws 11-591
- 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
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Medical examiner: means a forensic pathologist who performs or directs the conduct of death investigations. 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
B. An external examination or autopsy is not required for deaths due to natural diseases that occur during surgical or anesthetic procedures unless the medical examiner or alternate medical examiner determines that an external examination or autopsy is necessary.
C. In the determination of the need for an autopsy, the county medical examiner or alternate medical examiner may consider the request for an autopsy made by private persons or public officials. If the county attorney or a superior court judge of the county where the death occurred requests an autopsy, the county medical examiner shall perform the autopsy, or, in the case of an alternate medical examiner, an autopsy shall be performed by a forensic pathologist.
D. A forensic pathologist shall perform an autopsy in cases of sudden and unexplained infant death in accordance with protocols adopted by the director of the department of health services. If the medical examiner or forensic pathologist determines that the infant died of sudden infant death syndrome, the medical examiner or forensic pathologist shall notify the department of health services. The medical examiner or forensic pathologist may retain tissue samples, specimens and other biological materials for diagnostic purposes.
E. If an autopsy is performed, a full record or report of the facts developed by the autopsy in the findings of the person performing the autopsy shall be properly made and filed in the office of the county medical examiner or the board of supervisors. If the person performing the autopsy determines that the report should be forwarded to the county where the death occurred or the county in which any injury contributing to or causing the death was sustained, the report shall be forwarded to the county attorney.
F. A county attorney may request and on request shall receive from the county medical examiner or alternate medical examiner a copy of the report on any autopsy performed.
G. The county medical examiner or alternate medical examiner may perform other tests deemed necessary to determine identity and the cause and manner of death and may retain tissues, specimens and other biological materials for subsequent examination.
H. When a death investigation, including an external examination, autopsy or other tests are performed by the county medical examiner, alternate medical examiner or a forensic pathologist, no cause of action shall lie against the physician or any other person for requesting, performing, participating in or determining the cause and manner of death or otherwise reporting the results from the external examination, death investigation, autopsy or other tests or for retaining specimens, tissues or other biological materials.