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Session Laws, 1982
Volume 742, Page 240   View pdf image
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240

LAWS OF MARYLAND

Ch. 21

Also in subsection (a)(2) of this section, the
provision of former Article 43, § 21(d) that
"when inquiry is required by the medical
examiner, he shall investigate the cause of fetal
death" is deleted as unnecessary.

In subsection (b) of this section, reference to
"the medical examiner and State's attorney for
the county where the body is found" is
substituted for "the chief medical examiner and
assistant medical examiner, or a deputy medical
examiner, as the case may be, and the State's
attorney of Baltimore City, or of the county, as
the case may be". This substitution is made in
light of 24 Op. Att'y Gen. 647 (1939) and the
referenced 20 Op. Att'y Gen. 283 (1935) and 16
Op. Att'y Gen. 96 (1931).

In subsection (c) of this section, the former
phrase "as he may deem necessary" is deleted
since all "essential facts" should be reported.

In subsection (d) of this section, the reference
to "the State's attorney's designee" is new
language added to accommodate the actual practice
of some medical examiners who deliver these
objects to a police officer. That officer, in
turn, testifies as to the chain of custody of the
object.

Section 4-212 of this article also lists deaths
of which a medical examiner is to be notified.
The deaths included under that section differ
from those listed in subsection (a) of this
section. Also, § 4-212 of this article imposes
reporting requirements on persons in addition to
the sheriff or police required to report under
subsection (b) of this section.

Defined terms: "Body" § 5-101

"County" § 1-101 "Person" § 1-101

"Medical examiner" § 1-101 "Physician" § 1-101

"Medical examiner's case" § 5-301

5-310. AUTOPSIES.

(A) WHEN CAUSE OF DEATH ESTABLISHED.

IF THE CAUSE OF DEATH IN A MEDICAL EXAMINER'S CASE IS
ESTABLISHED BEYOND A REASONABLE DOUBT, 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.

 

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Session Laws, 1982
Volume 742, Page 240   View pdf image
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