Section .0100 ‑ Filing Of Reports

Link to law: http://reports.oah.state.nc.us/ncac/title 10a - health and human services/chapter 44 - postmortem medicolegal examination/chapter 44 rules.html
Published: 2015

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CHAPTER 44 - DIVISION OF POSTMORTEM MEDICOLEGAL EXAMINATION

 

SECTION .0100 ‑ FILING OF REPORTS

 

10A NCAC 44 .0101          FILING OF MEDICAL EXAMINER'S REPORT

The local medical examiner shall complete a Report of

Investigation Form promptly.  He shall provide such additional information with

the Report of Investigation Form as is reasonably required to document the case

fully.  The completed report shall be mailed by the local medical examiner to

the state Office of the Chief Medical Examiner within 14 days of the time the

local medical examiner assumes jurisdiction of a dead body.  Payment of the

medical examiner fee shall be authorized only when the report is postmarked

within 14 days after the local medical examiner assumed jurisdiction of the

dead body, unless the Chief Medical Examiner determines that the delay was

beyond the control of the local medical examiner.

 

History Note:        Authority G.S. 130A‑383; 130A‑387;

130A‑393;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. November 1, 1978;

Transferred and Recodified from 10 NCAC 11 .0402 Eff. April 4, 1990;

Amended Eff. September 1, 1990.

section .0200 - fees

 

10A NCAC 44 .0201          MEDICAL EXAMINER FEE

For each investigation including the making of the required

reports, the medical examiner shall receive a fee as established in G.S.

130A-387 to be paid by the state unless the decedent is a legal resident of the

county in which death or fatal injury occurred, in which event such county

shall be responsible for the fee.

 

History Note:        Authority G.S. 130A‑381; 130A‑387;

130A‑393;

Eff. July 1, 1979;

Transferred and Recodified from 10 NCAC 11 .0701 Eff. April 4, 1990;

Amended Eff. August 1, 2000.

 

10A NCAC 44 .0202          PATHOLOGY FEE

For each autopsy ordered by a county medical examiner or the

chief medical examiner, the pathologist shall receive a fee as established in

G.S. 130A-389 when the autopsy report is received at the Office of the Chief

Medical Examiner.  There will be no fee for reports received after the 180 day

period, unless the Chief Medical Examiner determines that the delay was beyond

the control of the pathologist. The fee shall be paid by the state unless the

decedent is a legal resident of the county in which death or fatal injury

occurred, in which event the county of residence shall be responsible for the

fee.

 

History Note:        Authority G.S. 130A-389; 130A-393;

Eff. July 1, 1979;

Amended Eff. July 1, 1986; July 1, 1984; July 1, 1982;

Transferred and Recodified from 10 NCAC 11 .0702 Eff. April 4, 1990;

Amended Eff. September 1, 1990;

Temporary Amendment Eff. February 24, 1999;

Amended Eff. August 1, 2000.

 

10A NCAC 44 .0203          RADIOLOGY FEE

Radiology services shall be paid for by the state.  Rates

and methods used in the Medicaid program shall be used in computing the amounts

of radiology fees.

 

History Note:        Authority G.S. 130A‑381; 130A‑393;

Eff. July 1, 1979;

Transferred and Recodified from 10 NCAC 11 .0703 Eff. April 4, 1990.

 

10A NCAC 44 .0204          HOSPITAL FEE

A fee of forty dollars ($40.00) is paid by the state to a

hospital when a county medical examiner orders a body taken to the hospital and

later examines the body in that facility.  No payment is due a hospital when an

autopsy is performed in that facility.  No payment is due when the county

medical examiner utilizes a hospital emergency room or other hospital facility

for examination of a body transported to the hospital for examination.

 

History Note:        Authority G.S. 130A‑381; 130A‑393;

Eff. July 1, 1979;

Amended Eff. January 1, 1984;

Transferred and Recodified from 10 NCAC 11 .0704 Eff. April 4, 1990;

Amended Eff. August 1, 2000.

 

SECTION .0300 ‑ MIGRANT WORKER BODY DISPOSITION

 

10A NCAC 44 .0301          DEFINITIONS

(a)  "Migrant farm worker" shall mean a migrant

farm worker as defined in G.S. 130A‑417.

(b)  "Dependent" shall mean a dependent as defined

in G.S. 130A‑417.

 

History Note:        Authority G.S. 130A‑417; 130A‑418;

Eff. March 31, 1980;

Transferred and Recodified from 10 NCAC 11 .0801 Eff. April 4, 1990;

Amended Eff. September 1, 1990.

 

10A NCAC 44 .0302          RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 44 .0303          SOCIAL SERVICES NOTIFICATION

The Department of Social Services in the county where the

body of a migrant farm worker or dependent is found shall notify the Office of

the Chief Medical Examiner of the death and furnish any information respecting

the deceased including:

(1)           place of employment;

(2)           name of crew leader;

(3)           social security number;

(4)           permanent residence;

(5)           name, address and telephone number of any relative

or interested person.

 

History Note:        Authority G.S. 130A‑418;

Eff. March 31, 1980;

Transferred and Recodified from 10 NCAC 11 .0803 Eff. April 4, 1990.

 

10A NCAC 44 .0304          IDENTITY OF DECEDENT AND NEXT OF KIN

Upon notice from the Department of Social Services, the

Office of the Chief Medical Examiner shall take such steps as are necessary to

ascertain or confirm the identity of the deceased and locate any relative or

interested person who may be willing to assume responsibility for final

disposition.  The Office of the Chief Medical Examiner shall attempt to contact

the nearest relatives and any interested person and send them an information

packet outlining alternatives in regard to final disposition.

 

History Note:        Authority G.S. 130A‑417; 130A‑418;

Eff. March 31, 1980;

Transferred and Recodified from 10 NCAC 11 .0804 Eff. April 4, 1990.

 

10A NCAC 44 .0305          TIME LIMIT TO CLAIM BODY

Within 30 days after receipt of notification, next‑of‑kin

or any interested person willing to assume responsibility for final disposition

must:

(1)           notify the Office of the Chief Medical Examiner of

their intentions;

(2)           take possession of the body.

 

History Note:        Authority G.S. 130A‑418;

Eff. March 31, 1980;

Transferred and Recodified from 10 NCAC 11 .0805 Eff. April 4, 1990.

 

10A NCAC 44 .0306          TRANSPORTATION COSTS

(a)  An itemized list of funeral expenses and a signed

statement that the party is unable to meet transportation costs shall be

submitted to the Office of the Chief Medical Examiner before any payment shall

be made.

(b)  All payments shall be made jointly to any party

assuming responsibility for final disposition and to the firm handling the

disposition of the body.

 

History Note:        Authority G.S. 130A‑417; 130A‑418;

Eff. March 31, 1980;

Amended Eff. January 1, 1984;

Transferred and Recodified from 10 NCAC 11 .0806 Eff. April 4, 1990;

September 1, 1990.

 

10A NCAC 44 .0307          CREMATION

(a)  In the event relatives or other interested persons

claim the body but are unable to provide transportation or final disposition,

the Office of the Chief Medical Examiner shall arrange for the cremation of the

body and for the mailing of the ashes to the relatives or other interested

persons without charge.

(b)  All arrangements for the cremation of bodies shall

conform to Department of Administration purchase and contract rules, 1 NCAC 5.

 

History Note:        Authority G.S. 130A‑417; 130A‑418;

Eff. March 31, 1980;

Transferred and Recodified from 10 NCAC 11 .0807 Eff. April 4, 1990;

Amended Eff. September 1, 1990.

 

10A NCAC 44 .0308          BODY REMAINS UNCLAIMED

If, after 10 days, a body of a migrant farm worker or

dependent remains unidentified or no relatives or interested parties can be

identified to assume responsibility for final disposition, the body may be

offered to the Commission of Anatomy.  If the Commission of Anatomy will not

accept the body, then the Office of the Chief Medical Examiner shall arrange

for final disposition as provided in 10A NCAC 44 .0401.

 

History Note:        Authority G.S. 130A‑418;

Eff. March 31, 1980;

Transferred and Recodified from 10 NCAC 11 .0808 Eff. April 4, 1990.

 

10A NCAC 44 .0309          CLAIMS MADE AFTER TRANSPORTATION

(a)  If upon death of a migrant farm worker or dependent,

the next‑of‑kin or interested persons claim the body and make their

arrangements for transportation and disposition prior to notification of the Office

of the Chief Medical Examiner, they may claim defrayment of transportation

expenses up to two hundred dollars ($200.00) in the following manner:

(1)           They must supply the Office of the Chief

Medical Examiner with details of their case;

(2)           An information packet will be sent to them;

(3)           They will in writing indicate their

inability to pay transportation expenses, and will enclose an itemized list of

funeral expenses.

(b)  Any ensuing payment shall be made in accordance with

Rule .0306 of this Section.

 

History Note:        Authority G.S. 130A‑417; 130A‑418;

Eff. March 31, 1980;

Transferred and Recodified from 10 NCAC 11 .0809 Eff. April 4, 1990;

Amended Eff. September 1, 1990.

 

10A NCAC 44 .0310          RESPONSIBILITY FOR TRANSPORT AND

DISPOSITION

All arrangements for transportation and disposition shall be

made by those next‑of‑kin or interested persons who have assumed

responsibility for final disposition.

 

History Note:        Authority G.S. 130A‑417; 130A‑418;

Eff. March 31, 1980;

Transferred and Recodified from 10 NCAC 11 .0810 Eff. April 4, 1990;

Amended Eff. September 1, 1990.

 

SECTION .0400 ‑ INVESTIGATIONAL PROCEDURES

 

10A NCAC 44 .0401          UNCLAIMED BODIES

The chief medical examiner shall retain charge or control of

an unclaimed body for a period of ten days.  During this period, reasonable

effort shall be made to locate relatives of the decedent.  After the search for

relatives has been completed and the required ten day period has passed, each

unclaimed body shall be disposed of by cremation.  The ashes shall be retained

in the control of the chief medical examiner for a period of three years. 

During this time appropriate family members of the decedent may claim and

receive the ashes.  At the end of the three years any unclaimed ashes shall be

disposed of in an appropriate manner.

 

History Note:        Authority G.S. 130A‑381; 130A‑393;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. January 1, 1984;

Transferred and Recodified from 10 NCAC 11 .0309 Eff. April 4, 1990;

Amended Eff. September 1, 1990.

 

SECTION .0500 ‑ MEDICAL EXAMINER'S INVESTIGATION

 

10A NCAC 44 .0501          INVESTIGATION BEFORE CREMATION OR

BURIAL AT SEA

(a)  Before a dead body may be cremated or buried at sea, a

medical examiner must certify that the medical examiner has investigated the cause

and manner of death and determined that no further examination is necessary. 

Such certification is not required if the death falls under one of the

exceptions in G.S. 130A‑388 or under one of the following exceptions:

(1)           a death that is medically attended, is

determined to result from natural disease, and occurs in a nursing home or

while under the care of a licensed hospice; or

(2)           a body that is donated to the Commission of

Anatomy or to any of the schools of medicine in accordance with G.S. 130A‑402

et seq.

(b)  When a medical examiner makes a certification pursuant

to this Rule, the person requesting the certification shall pay a fee of fifty

dollars ($50.00) to the medical examiner.  However, no fee shall be charged for

the investigation of a death that comes within the jurisdiction of the Chief

Medical Examiner pursuant to G.S. 130A-383 or G.S. 130A-384. For the purposes

of this Section, deaths in association with medically unattended deliveries, or

delivery by a midwife who is approved pursuant to G.S. 90-178.1 et seq., are

considered to fall within the jurisdiction of the Chief Medical Examiner

pursuant to G.S. 130A-383 and G.S. 130A-384.

 

History Note:        Authority G.S. 130A‑388; 130A‑393;

Eff. July 1, 1979;

Amended Eff. October 1, 1989; October 1, 1986; October 1, 1984; January 1, 1984;

Transferred and Recodified from 10 NCAC 11 .0705 Eff. April 4, 1990;

Amended Eff. August 1, 2000.