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Section: 058.0720 Medical examiner, certain counties, to investigate, when--death certificate issued, when--place of death--two counties involved, how determined--efforts to accommodate organ donation. RSMO 58.720


Published: 2015

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Missouri Revised Statutes













Chapter 58

Coroners and Inquests

←58.715

Section 58.720.1

58.722→

August 28, 2015

Medical examiner, certain counties, to investigate, when--death certificate issued, when--place of death--two counties involved, how determined--efforts to accommodate organ donation.

58.720. 1. When any person dies within a county having a medical

examiner as a result of:



(1) Violence by homicide, suicide, or accident;



(2) Thermal, chemical, electrical, or radiation injury;



(3) Criminal abortions, including those self-induced;



(4) Disease thought to be of a hazardous and contagious nature or which

might constitute a threat to public health; or when any person dies:



(a) Suddenly when in apparent good health;



(b) When unattended by a physician, chiropractor, or an accredited

Christian Science practitioner, during the period of thirty-six hours

immediately preceding his death;



(c) While in the custody of the law, or while an inmate in a public

institution;



(d) In any unusual or suspicious manner;

the police, sheriff, law enforcement officer or official, or any person having

knowledge of such a death shall immediately notify the office of the medical

examiner of the known facts concerning the time, place, manner and

circumstances of the death. Immediately upon receipt of notification, the

medical examiner or his designated assistant shall take charge of the dead

body and fully investigate the essential facts concerning the medical causes

of death. He may take the names and addresses of witnesses to the death and

shall file this information in his office. The medical examiner or his

designated assistant shall take possession of all property of value found on

the body, making exact inventory thereof on his report and shall direct the

return of such property to the person entitled to its custody or possession.

The medical examiner or his designated assistant examiner shall take

possession of any object or article which, in his opinion, may be useful in

establishing the cause of death, and deliver it to the prosecuting attorney

of the county.



2. When a death occurs outside a licensed health care facility, the first

licensed medical professional or law enforcement official learning of such

death shall contact the county medical examiner. Immediately upon receipt of

such notification, the medical examiner or the medical examiner's deputy shall

make a determination if further investigation is necessary, based on

information provided by the individual contacting the medical examiner, and

immediately advise such individual of the medical examiner's intentions.



3. In any case of sudden, violent or suspicious death after which the

body was buried without any investigation or autopsy, the medical examiner,

upon being advised of such facts, may at his own discretion request that the

prosecuting attorney apply for a court order requiring the body to be exhumed.



4. The medical examiner shall certify the cause of death in any case

where death occurred without medical attendance or where an attending

physician refuses to sign a certificate of death, and may sign a certificate

of death in the case of any death.



5. When the cause of death is established by the medical examiner, he

shall file a copy of his findings in his office within thirty days after

notification of the death.



6. (1) When a person is being transferred from one county to another

county for medical treatment and such person dies while being transferred, or

dies while being treated in the emergency room of the receiving facility, the

place which the person is determined to be dead shall be considered the place

of death and the county coroner or the medical examiner of the county from

which the person was originally being transferred shall be responsible for

determining the cause and manner of death for the Missouri certificate of

death.



(2) The coroner or medical examiner in the county in which the person is

determined to be dead may, with authorization of the coroner or medical

examiner from the transferring county, investigate and conduct postmortem

examinations at the expense of the coroner or medical examiner from the

transferring county. The coroner or medical examiner from the transferring

county shall be responsible for investigating the circumstances of such and

completing the Missouri certificate of death. The certificate of death shall

be filed in the county where the deceased was pronounced dead.



(3) Such coroner or medical examiner, or the county where a person is

determined to be dead, shall immediately notify the coroner or medical

examiner of the county from which the person was originally being transferred

of the death of such person and shall make available information and records

obtained for investigation of death.



(4) If a person does not die while being transferred and is

institutionalized as a regularly admitted patient after such transfer and

subsequently dies while in such institution, the coroner or medical examiner

of the county in which the person is determined to be dead shall immediately

notify the coroner or medical examiner of the county from which such person

was originally transferred of the death of such person. In such cases, the

county in which the deceased was institutionalized shall be considered the

place of death. If the manner of death is by homicide, suicide, accident,

criminal abortion including those that are self-induced, child fatality, or

any unusual or suspicious manner, the investigation of the cause and manner

of death shall revert to the county of origin, and this coroner or medical

examiner shall be responsible for the Missouri certificate of death. The

certificate of death shall be filed in the county where the deceased was

pronounced dead.



7. There shall not be any statute of limitations or time limits on cause

of death when death is the final result or determined to be caused by

homicide, suicide, accident, criminal abortion including those self-induced,

child fatality, or any unusual or suspicious manner. The place of death shall

be the place in which the person is determined to be dead, but the final

investigation of death determining the cause and manner of death shall revert

to the county of origin, and this coroner or medical examiner shall be

responsible for the Missouri certificate of death. The certificate of death

shall be filed in the county where the deceased was pronounced dead.



8. Except as provided in subsection 6 of this section, if a person dies

in one county and the body is subsequently transferred to another county, for

burial or other reasons, the county coroner or medical examiner where the

death occurred shall be responsible for the certificate of death and for

investigating the cause and manner of the death.



9. In performing the duties, the coroner or medical examiner shall comply

with sections 58.775 to 58.785 with respect to organ donation.



(L. 1973 S.B. 122 §§ 7, 8, A.L. 1989 S.B. 389, A.L. 1990 H.B. 1416,

A.L. 1996 H.B. 811, A.L. 2008 S.B. 1139)





1996



1996



58.720. 1. When any person dies within a county having a medical

examiner as a result of:



(1) Violence by homicide, suicide, or accident;



(2) Thermal, chemical, electrical, or radiation injury;



(3) Criminal abortions, including those self-induced;



(4) Disease thought to be of a hazardous and contagious nature or

which might constitute a threat to public health; or when any person dies:



(a) Suddenly when in apparent good health;



(b) When unattended by a physician, chiropractor, or an accredited

Christian Science practitioner, during the period of thirty-six hours

immediately preceding his death;



(c) While in the custody of the law, or while an inmate in a public

institution;



(d) In any unusual or suspicious manner;





the police, sheriff, law enforcement officer or official, or any person

having knowledge of such a death shall immediately notify the office of the

medical examiner of the known facts concerning the time, place, manner and

circumstances of the death.





Immediately upon receipt of notification, the medical examiner or his

designated assistant shall take charge of the dead body and fully

investigate the essential facts concerning the medical causes of death. He

may take the names and addresses of witnesses to the death and shall file

this information in his office. The medical examiner or his designated

assistant shall take possession of all property of value found on the body,

making exact inventory thereof on his report and shall direct the return of

such property to the person entitled to its custody or possession. The

medical examiner or his designated assistant examiner shall take possession

of any object or article which, in his opinion, may be useful in

establishing the cause of death, and deliver it to the prosecuting attorney

of the county.



2. When a death occurs outside a licensed health care facility, the

first licensed medical professional or law enforcement official learning of

such death shall contact the county medical examiner. Immediately upon

receipt of such notification, the medical examiner or the medical

examiner's deputy shall make a determination if further investigation is

necessary, based on information provided by the individual contacting the

medical examiner, and immediately advise such individual of the medical

examiner's intentions.



3. In any case of sudden, violent or suspicious death after which the

body was buried without any investigation or autopsy, the medical examiner,

upon being advised of such facts, may at his own discretion request that

the prosecuting attorney apply for a court order requiring the body to be

exhumed.



4. The medical examiner shall certify the cause of death in any case

where death occurred without medical attendance or where an attending

physician refuses to sign a certificate of death, and may sign a

certificate of death in the case of any death.



5. When the cause of death is established by the medical examiner, he

shall file a copy of his findings in his office within thirty days after

notification of the death.



6. When a person is being transferred from one county to another

county for medical treatment and such person dies while being transferred,

the county from which the person is first removed shall be considered the

place of death and the medical examiner of the county from which the person

was being transferred shall be responsible for the certificate of death and

for investigating the cause and manner of the death. If the coroner or

medical examiner in the county in which the person died believes that

further investigation is warranted and a postmortem examination is needed,

such coroner or medical examiner shall have the right to further

investigate and perform the postmortem examination at the expense of such

coroner or medical examiner and shall be responsible for the certificate of

death and for investigating the cause and manner of the death. Such

coroner or medical examiner shall immediately notify the coroner or medical

examiner of the county from which the person was being transferred of the

death of such person and after an investigation is completed shall notify

such coroner or medical examiner of his findings. If a person does not die

while being transferred and is institutionalized after such transfer and

subsequently dies while in such institution, the coroner or medical

examiner of the county in which the person dies shall immediately notify

the coroner or medical examiner of the county from which such person was

transferred of the death of such person. In such cases, the county in

which the deceased was institutionalized shall be considered the place of

death.



7. Except as provided in subsection 6 of this section, if a person

dies in one county and his body is subsequently transferred to another

county, the county coroner or medical examiner where the death occurred

shall be responsible for the certificate of death and for investigating the

cause and manner of the death.



8. In performing his duties, the coroner or medical examiner shall

make reasonable efforts to accommodate organ donation.



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