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<section article="ghg" article_name="Health - General" number="5-309" title_number="5" title_name="Death" subtitle_number="3" subtitle_name="Office of the Chief Medical Examiner">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>If the family of the deceased objects to an autopsy on religious grounds, the autopsy may not be performed unless authorized by the Chief Medical Examiner or by the Chief Medical Examiner’s designee.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>In accordance with normal standards of medical practice, the medical examiner performing the autopsy may retain any medical evidence, tissue, or organ needed to carry out the duties of this subtitle.</text>
      </level>
      <level label="ii">
        <text>The medical examiner shall dispose of any medical evidence, tissue, or organ under subparagraph (i) of this paragraph in accordance with normal standards of medical practice.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The autopsy shall include:</text>
      <level label="i">
        <text>A toxicological analysis for toxic fumes;</text>
      </level>
      <level label="ii">
        <text>Gross and microscopic studies of heart, lung, and any other tissue involved;</text>
      </level>
      <level label="iii">
        <text>Appropriate studies of blood and urine; and</text>
      </level>
      <level label="iv">
        <text>Appropriate studies of body fluids and body tissues.</text>
      </level>
    </level>
    <level label="3">
      <text>If the medical examiner determines toxic fumes were the cause of death, the medical examiner shall:</text>
      <level label="i">
        <text>Investigate to the extent possible the source of the fumes; and</text>
      </level>
      <level label="ii">
        <text>Prepare a written report on the specific effects of the fumes on human tissue.</text>
      </level>
    </level>
    <level label="4">
      <text>The autopsy and analysis shall be sufficient to determine eligibility for benefits under the federal Public Safety Officers’ Benefits Act of 1976.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <level label="i">
        <text>The individual who performs the autopsy shall prepare detailed written findings during the progress of the autopsy.</text>
      </level>
      <level label="ii">
        <text>The findings prepared under subparagraph (i) of this paragraph and the conclusions drawn from them shall be filed in the office of the medical examiner for the county where the death occurred.</text>
      </level>
      <level label="iii">
        <text>The original copy of the findings and conclusions shall be filed in the Office.</text>
      </level>
      <level label="iv">
        <text>The Department and the Committee may not interfere with the clinical findings or conclusions prepared under subparagraphs (i) and (ii) of this paragraph.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>Except in a case of a finding of homicide, a person in interest as defined in § 4–101 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.</text>
      </level>
      <level label="ii">
        <level label="1">
          <text>If the Chief Medical Examiner denies the request of a person in interest to correct findings and conclusions on the cause and manner of death, the person in interest may appeal the denial to the Secretary, who shall refer the matter to the Office of Administrative Hearings.</text>
        </level>
        <level label="2">
          <text>A contested case hearing under this subparagraph shall be a hearing both on the denial and on the establishment of the findings and conclusions on the cause and manner of death.</text>
        </level>
      </level>
      <level label="iii">
        <text>The administrative law judge shall submit findings of fact to the Secretary.</text>
      </level>
      <level label="iv">
        <text>After reviewing the findings of the administrative law judge, the Secretary, or the Secretary’s designee, shall issue an order to:</text>
        <level label="1">
          <text>Adopt the findings of the administrative law judge; or</text>
        </level>
        <level label="2">
          <text>Reject the findings of the administrative law judge, and affirm the findings of the medical examiner.</text>
        </level>
      </level>
      <level label="v">
        <text>The appellant may appeal a rejection under subparagraph (iv)2 of this paragraph to a circuit court of competent jurisdiction.</text>
      </level>
      <level label="vi">
        <text>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:</text>
        <level label="1">
          <text>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; and</text>
        </level>
        <level label="2">
          <text>If the cause or manner of death was amended or corrected to be undetermined or homicide:</text>
        </level>
        <level label="A">
          <text>Provide notice to the State’s Attorney and the local law enforcement agency in the jurisdiction where the body was found of the different finding or conclusion on the cause or manner of death of the deceased than that previously recorded on the death certificate; and</text>
        </level>
        <level label="B">
          <text>Request that the Secretary send the person in interest a certified death certificate with the cause or manner of death amended in accordance with item 1 of this subparagraph at no cost to the person in interest.</text>
        </level>
      </level>
      <level label="vii">
        <text>The final decision of the Secretary, or the Secretary’s designee, or of a court under this paragraph may not give rise to any presumption concerning the application of any provision of or the resolution of any claim concerning a policy of insurance relating to the deceased.</text>
      </level>
      <level label="viii">
        <text>If the findings of the medical examiner are upheld by the Secretary, the appellant is responsible for the costs of the contested case hearing. Otherwise, the Department is responsible for the costs of the hearing.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>The Chief Medical Examiner shall set a reasonable fee for performing an autopsy by an authorized pathologist.</text>
  </level>
</section>
