Bill Text: OH HB509 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To encourage the completion of a sudden unexplained infant death investigation reporting form (SUIDI reporting form) developed by the United States Centers for Disease Control and Prevention, or a similar form, whenever a child one year of age or younger dies suddenly when in apparent good health, and to make changes to the law governing coroners.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2014-03-25 - To Health and Aging [HB509 Detail]

Download: Ohio-2013-HB509-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 509

Representative Johnson 

Cosponsors: Representatives Hackett, Sprague, Blessing, Becker 

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A BILL

To amend sections 313.01, 313.02, 313.04, 313.121,

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and 325.15 of the Revised Code to encourage the

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completion of a sudden unexplained infant death

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investigation reporting form (SUIDI reporting

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form) developed by the United States Centers for

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Disease Control and Prevention, or a similar form,

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whenever a child one year of age or younger dies

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suddenly when in apparent good health, and to make

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changes to the law governing coroners.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 313.01, 313.02, 313.04, 313.121,	10
and 325.15 of the Revised Code be amended to read as follows:	11

Sec. 313.01. (A) A coroner shall be elected quadrennially in	12
each county, who shall hold his office for a term of four years,	13
beginning on the first Monday of January next after his election.	14

(B) As used in the Revised Code, unless the context otherwise	15
requires, "coroner":	16

(1) "Coroner" means the coroner or medical examiner of the	17
county in which death occurs or the dead human body is found.	18

(2) "Deputy coroner" means the deputy coroner or deputy	19
medical examiner of the county in which death occurs or the dead	20
human body is found.	21

Sec. 313.02.  (A) No(1) Except as provided in division	22
(A)(2) of this section, no person shall be eligible to the office	23
of coroner except a physician who has been licensed to practice as	24
a physician in this state for a period of at least two years	25
immediately preceding election or appointment as a coroner, and	26
who is in good standing in the person's profession, or is a person	27
who was serving as coroner on October 12, 1945.	28

(2) No person shall be eligible to the office of coroner or	29
medical examiner of a charter county except a physician who is	30
licensed to practice as a physician in this state and who is in	31
good standing in the person's profession.	32

(B)(1) Beginning in calendar year 2000 and in each fourth	33
year thereafter, each newly elected coroner, after the general	34
election but prior to commencing the term of office to which	35
elected, shall attend and successfully complete sixteen hours of	36
continuing education at programs sponsored by the Ohio state	37
coroners association. Within ninety days after appointment to the	38
office of coroner under section 305.02 of the Revised Code, the	39
newly appointed coroner shall attend and successfully complete	40
sixteen hours of continuing education at programs sponsored by the	41
association. Hours of continuing education completed under the	42
requirement described in division (B)(1) of this section shall not	43
be counted toward fulfilling the continuing education requirement	44
described in division (B)(2) of this section.	45

As used in division (B)(1) of this section, "newly elected	46
coroner" means a person who did not hold the office of coroner on	47
the date the person was elected coroner.	48

(2) Except as otherwise provided in division (B)(2) of this	49
section, beginning in calendar year 2001, each coroner, during the	50
coroner's four-year term, shall attend and successfully complete	51
thirty-two hours of continuing education at programs sponsored by	52
the Ohio state coroners association. Except as otherwise provided	53
in division (B)(2) of this section, each coroner shall attend and	54
successfully complete twenty-four of these thirty-two hours at	55
statewide meetings, and eight of these thirty-two hours at	56
regional meetings, sponsored by the association. The association	57
may approve attendance at continuing education programs it does	58
not sponsor but, if attendance is approved, successful completion	59
of hours at these programs shall be counted toward fulfilling only	60
the twenty-four-hour requirement described in division (B)(2) of	61
this section.	62

(3) Upon successful completion of a continuing education	63
program required by division (B)(1) or (2) of this section, the	64
person who successfully completes the program shall receive from	65
the association or the sponsoring organization a certificate	66
indicating that the person successfully completed the program.	67

Sec. 313.04.  When the coroner is absent temporarily from the	68
county, or when on duty with the armed services of the United	69
States, the state militia, or the American red cross, or when	70
unable to discharge the duties of histhe office of coroner, such	71
coroner may appoint a person with the necessary qualifications to	72
act as coroner during such absence, service, or disability.	73

When there is a vacancy in the coroner's office as a result	74
of death or resignation and the vacancy cannot be filled by	75
election or appointment as provided in section 305.02 of the	76
Revised Code, or if no one runs for the office of coroner and, for	77
that reason, the office is vacant, the board of county	78
commissioners may contract with another county's coroner to	79
exercise the powers or perform the acts, duties, or functions of	80
the coroner. In addition to the applicable amounts specified in	81
sections 325.15 and 325.18 of the Revised Code, the coroner with	82
whom the board contracts may receive a supplemental payment for	83
services rendered. The duration of the contract shall not extend	84
beyond the last day of the term for which there was a vacancy.	85

Sec. 313.121.  (A) As used in this section, "parent" means	86
either parent, except that if one parent has been designated the	87
residential parent and legal custodian of the child, "parent"	88
means the designated residential parent and legal custodian, and	89
if a person other than a parent is the child's legal guardian,	90
"parent" means the legal guardian.	91

(B) If a child under two years of age dies suddenly when in	92
apparent good health, the death shall be reported immediately to	93
the coroner of the county in which the death occurred, as required	94
by section 313.12 of the Revised Code. Except as provided in	95
division (C) of this section, the coroner or deputy coroner shall	96
perform an autopsy on the child. The autopsy shall be performed in	97
accordance with rules adopted by the director of health under	98
section 313.122 of the Revised Code. The coroner or deputy coroner	99
may perform research procedures and tests when performing the	100
autopsy.	101

If the child was one year of age or younger at the time of	102
death, the general assembly encourages the coroner, deputy	103
coroner, or any other individual who has been designated to	104
investigate the child's death to complete a sudden unexplained	105
infant death investigation reporting form (SUIDI reporting form)	106
developed by the United States centers for disease control and	107
prevention or a successor agency, or a similar reporting form	108
approved by the director of health, the Ohio state coroners	109
association, and the buckeye state sheriffs' association. If	110
completed, a copy of the form shall be sent to the director of	111
health electronically or in paper form and used for the purpose of	112
collecting data to prevent future unexplained infant deaths. Until	113
the coroner, or other individual designated to investigate the	114
child's death, has completed the investigation, a completed form	115
and all information in the completed form shall be confidential	116
and are not subject to inspection or copying under section 149.43	117
of the Revised Code.	118

(C) A coroner or deputy coroner is not required to perform an	119
autopsy if the coroner of the county in which the death occurred	120
or a court with jurisdiction over the deceased body determines	121
under section 313.131 of the Revised Code that an autopsy is	122
contrary to the religious beliefs of the child. If the coroner or	123
the court makes such a determination, the coroner shall notify the	124
health district or department of health with jurisdiction in the	125
area in which the child's parent resides. For purposes of this	126
division, the religious beliefs of the parents of a child shall be	127
considered to be the religious beliefs of the child.	128

(D) If the child's parent makes a written or verbal request	129
for the preliminary results of the autopsy after the results are	130
available, the coroner, or a person designated by the coroner,	131
shall give the parent an oral statement of the preliminary	132
results.	133

The coroner, within a reasonable time after the final results	134
of the autopsy are reported, shall send written notice of the	135
results to the state department of health, the health district or	136
department with jurisdiction in the area in which the child's	137
parent resides, and, upon the request of a parent of the child, to	138
the child's attending physician. Upon the written request of a	139
parent of the child and the payment of the transcript fee required	140
by section 313.10 of the Revised Code, the coroner shall send	141
written notice of the final results to that parent. The notice	142
sent to the state department of health shall include all of the	143
information specified in rules adopted under section 313.122 of	144
the Revised Code.	145

(E) On the occurrence of any of the following, the health	146
district or department with jurisdiction in the area in which the	147
child's parent resides shall offer the parent any counseling or	148
other supportive services it has available:	149

(1) When it learns through any source that an autopsy is	150
being performed on a child under two years of age who died	151
suddenly when in apparent good health;	152

(2) When it receives notice that the final result of an	153
autopsy performed pursuant to this section concluded that the	154
child died of sudden infant death syndrome;	155

(3) When it is notified by the coroner that, pursuant to	156
division (C) of this section, an autopsy was not performed.	157

(F) When a health district or department receives notice that	158
the final result of an autopsy performed pursuant to this section	159
concluded that the child died of sudden infant death syndrome or	160
that, pursuant to division (C) of this section, an autopsy was not	161
performed but sudden infant death syndrome may have been the cause	162
of death, it shall offer the child's parent information about	163
sudden infant death syndrome. The state department of health shall	164
ensure that current information on sudden infant death syndrome is	165
available for distribution by health districts and departments.	166

Sec. 325.15.  (A) Each coroner shall be classified, for	167
salary purposes, according to the population of the county. All	168
coroners shall receive annual compensation in accordance with the	169
following schedules and in accordance with section 325.18 of the	170
Revised Code:	171

CLASSIFICATION AND COMPENSATION SCHEDULE	172

FOR CALENDAR YEAR 2000 FOR	173

CORONERS WITH A PRIVATE PRACTICE	174

Class

Population Range

Compensation

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1		1 - 20,000		$16,628		176
2		20,001 - 40,000		18,293		177
3		40,001 - 55,000		20,786		178
4		55,001 - 70,000		23,280		179
5		70,001 - 85,000		25,774		180
6		85,001 - 95,000		31,595		181
7		95,001 - 105,000		34,089		182
8		105,001 - 125,000		36,584		183
9		125,001 - 175,000		39,909		184
10		175,001 - 275,000		42,404		185
11		275,001 - 400,000		49,054		186
12		400,001 - 600,000		52,380		187
13		600,001 - 1,000,000		55,706		188
14		Over 1,000,000		59,032		189

CLASSIFICATION AND COMPENSATION SCHEDULE	190

FOR CALENDAR YEAR 2000 FOR	191

CORONERS WITHOUT A PRIVATE PRACTICE	192

Class

Population Range

Compensation

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10		175,001 - 275,000		$95,815		194
11		275,001 - 400,000		95,815		195
12		400,001 - 600,000		95,815		196
13		600,001 - 1,000,000		95,815		197
14		Over 1,000,000		95,815		198

CLASSIFICATION AND COMPENSATION SCHEDULE	199

FOR CALENDAR YEAR 2001 FOR	200

CORONERS WITH A PRIVATE PRACTICE	201

Class

Population Range

Compensation

202

1		1 - 20,000		$18,842		203
2		20,001 - 35,000		21,410		204
3		35,001 - 55,000		23,978		205
4		55,001 - 95,000		35,112		206
5		95,001 - 200,000		43,676		207
6		200,001 - 400,000		53,951		208
7		400,001 - 1,000,000		60,803		209
8		1,000,001 or more		64,451		210

CLASSIFICATION AND COMPENSATION SCHEDULE	211

FOR CALENDAR YEAR 2001 FOR	212

CORONERS WITHOUT A PRIVATE PRACTICE	213

Class

Population Range

Compensation

214

5		175,001 - 200,000		$98,689		215
6		200,001 - 400,000		98,689		216
7		400,001 - 1,000,000		101,085		217
8		1,000,001 or more		103,480		218

(B)(1) A coroner in a county with a population of one hundred	219
seventy-five thousand one or more shall not engage in the private	220
practice of medicine unless, before taking office, the coroner	221
notifies the board of county commissioners of the intention to	222
engage in that private practice. A	223

A coroner in such a county with a population of one hundred	224
seventy-five thousand one or more shall elect to engage or not to	225
engage in the private practice of medicine before the commencement	226
of each new term of office, and a. A coroner in such a county who	227
engages in the private practice of medicine, but who intends not	228
to engage in the private practice of medicine during the coroner's	229
next term of office, shall so notify the board of county	230
commissioners as specified in this division. For a period of six	231
months after taking office, a coroner who elects not to engage in	232
the private practice of medicine may engage in the private	233
practice of medicine, without any reduction of the salary	234
compensation as provided in division (A) of this section and in	235
section 325.18 of the Revised Code, for the purpose of concluding	236
the affairs of the coroner's private practice of medicine.	237

(2) A coroner in a county with a population of one hundred	238
seventy-five thousand one or more who, under division (B)(1) of	239
this section, elects not to engage in the private practice of	240
medicine may, during the coroner's term of office, elect to engage	241
in the private practice of medicine by notifying the board in	242
writing of the intention to so engage. The notice shall state the	243
date on which the coroner will commence the private practice of	244
medicine and shall be given to the board at least thirty days	245
before that date. On the date stated in the notice, the coroner's	246
compensation shall be reduced as provided in division (A) of this	247
section and in section 325.18 of the Revised Code for coroners	248
with a private practice.	249

(C) Each coroner who is the coroner in a county with a	250
population of one hundred seventy-five thousand one or more and	251
who is without a private practice of medicine shall receive	252
supplemental compensation up to an additional fifty per cent of	253
the annual compensation calculated under division (A) of this	254
section and section 325.18 of the Revised Code in each calendar	255
year in which the office of the coroner satisfies all of the	256
following:	257

(1) It operates as a regional forensic pathology examination	258
referral center and the operation generates sufficient coroner's	259
laboratory fund income for purposes of section 313.16 of the	260
Revised Code in excess of the fund's expenses, to provide the	261
supplemental compensation specified in division (C) of this	262
section;	263

(2) The coroner is a forensic pathologist certified by the	264
American board of pathology; and	265

(3) The coroner performs a minimum of seventy-five post	266
mortem examinations annually.	267

(D) Each coroner who is the coroner in a county with a	268
population of one hundred seventy-five thousand one or more and	269
who is without a private practice of medicine and who does not	270
operate a regional forensic pathology examination center may, on	271
approval of the board of county commissioners, receive	272
supplemental compensation up to an additional twenty-five per cent	273
of the annual compensation calculated under division (A) of this	274
section and section 325.18 of the Revised Code in each calendar	275
year in which the coroner is a forensic pathologist certified by	276
the American board of pathology and is performing the forensic	277
examinations of the county.	278

Section 2.  That existing sections 313.01, 313.02, 313.04,	279
313.121, and 325.15 of the Revised Code are hereby repealed.	280