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Session Laws, 1982
Volume 742, Page 241   View pdf image
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HARRY HUGHES, Governor

241

(B)  AUTOPSY REQUIRED; EXCEPTION.

(1)  IF THE MEDICAL EXAMINER WHO INVESTIGATES A
MEDICAL EXAMINER'S CASE CONSIDERS AN AUTOPSY NECESSARY, THE
CHIEF MEDICAL EXAMINER, THE 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.

(C)  AUTOPSY ON FIRE FIGHTER.

(1)  AN AUTOPSY OF A FIRE FIGHTER WHO DIES IN THE
LINE OF DUTY SHALL INCLUDE A TOXICOLOGICAL ANALYSIS FOR
TOXIC FUMES.

(2)  THE ANALYSIS SHALL BE SUFFICIENT TO
DETERMINE ELIGIBILITY FOR BENEFITS UNDER THE FEDERAL PUBLIC
SAFETY OFFICERS' BENEFITS ACT OF 1976.

(D)  FINDINGS.

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.

(E)  FEE FOR PATHOLOGIST.

THE CHIEF MEDICAL EXAMINER SHALL SET A REASONABLE FEE
FOR PERFORMING AN AUTOPSY BY AN AUTHORIZED PATHOLOGIST.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
22, § 7.

As to subsection (a) of this subtitle and a
medical examiner's report, see also §§ 5-309(c)
and 5-311 of this subtitle. The Commission to
Revise the Annotated Code notes, for the
consideration of the General Assembly, that a
time limit is not imposed as to filing a report
if the cause of death is not established.

As to subsection (b)(2) of this section and
religious objections to an autopsy, see Snyder v.
Holy Cross Hospital, 30 Md. App. 317 (1976), in
which the Court of Special Appeals applied
Article 22, § 7 before enactment of the law from

 

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Session Laws, 1982
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