Md. Code Ann., Health-Gen. § 5-310
Redline — January 1, 2019 → current.View current text →
Current — January 1, 2024
As of January 1, 2019
(a) (1) The Office of the Chief Medical Examiner shall keep complete records on each medical examiner’s case.
(2) The records shall be indexed properly and include:
(i) The name, if known, of the deceased;
(ii) The place where the body was found;
(iii) The date, cause, and manner of death; and
(iv) All other available information about the death.
(b) The original report of the medical examiner who investigates a medical examiner’s case and the findings and conclusions of any autopsy shall be attached to the record of the medical examiner’s 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.
(2) 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.
(3) (i) 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.
(ii) 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.
(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.
(2) The autopsy shall include:
(i) A toxicological analysis for toxic fumes;
(ii) Gross and microscopic studies of heart, lung, and any other tissue involved;
(iii) Appropriate studies of blood and urine; and
(iv) Appropriate studies of body fluids and body tissues.
(3) If the medical examiner determines toxic fumes were the cause of death, the medical examiner shall:
(i) Investigate to the extent possible the source of the fumes; and
(ii) Prepare a written report on the specific effects of the fumes on human tissue.
(4) The autopsy and analysis shall be sufficient to determine eligibility for benefits under the federal Public Safety Officers’ Benefits Act of 1976.
(d) (1) The individual who performs the autopsy shall prepare detailed written findings during the progress of the autopsy. These findings and the conclusions drawn from them shall be filed in the office of the medical examiner for the county where the death occurred. The original copy of the findings and conclusions shall be filed in the office of the Chief Medical Examiner.
(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 60 days after the medical examiner files those findings and conclusions.
(ii) If the Chief Medical Examiner denies the request of a person in interest to correct findings and conclusions on the cause of death, the person in interest may appeal the denial to the Secretary, who shall refer the matter to the Office of Administrative Hearings. A contested case hearing under this paragraph shall be a hearing both on the denial and on the establishment of the findings and conclusions on the cause of death.
(iii) The administrative law judge shall submit findings of fact to the Secretary.
(iv) After reviewing the findings of the administrative law judge, the Secretary, or the Secretary’s designee, shall issue an order to:
1. Adopt the findings of the administrative law judge; or
2. Reject the findings of the administrative law judge, and affirm the findings of the medical examiner.
(v) The appellant may appeal a rejection under subparagraph (iv)2 of this paragraph to a circuit court of competent jurisdiction.
(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.
(vii) 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.
(viii) 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.
(c) The Chief Medical Examiner or, if the Chief Medical Examiner is absent or cannot act, the Deputy Chief Medical Examiner or an assistant medical examiner, and each deputy medical examiner promptly shall deliver to the State’s Attorney for the county where the body was found a copy of each record that relates to a death for which the medical examiner considers further investigation advisable. A State’s Attorney may obtain from the office of a medical examiner a copy of any record or other information that the State’s Attorney considers necessary.
(d) (1) In this subsection, “record”:
(i) Means the result of an external examination of or an autopsy on a body; and
(ii) Does not include a statement of a witness or other individual.
(2) A record of the Office of the Chief Medical Examiner or any deputy medical examiner, if made by the medical examiner or by anyone under the medical examiner’s direct supervision or control, or a certified transcript of that record, is competent evidence in any court in this State of the matters and facts contained in it.
(e) The Chief Medical Examiner shall set a reasonable fee for performing an autopsy by an authorized pathologist.
(e) (1) The Office of the Chief Medical Examiner shall charge a reasonable fee for reports as specified in a schedule of fees defined in the regulations of the Office of the Chief Medical Examiner.
(2) A deputy medical examiner may keep any fee collected by the deputy medical examiner.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.