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Section: 058.0451 Death to be reported and investigated by coroner, certain counties, when--place of death, two counties involved, how determined--efforts to accommodate organ donation. RSMO 58.451


Published: 2015

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Missouri Revised Statutes













Chapter 58

Coroners and Inquests

←58.449

Section 58.451.1

58.452→

August 28, 2015

Death to be reported and investigated by coroner, certain counties, when--place of death, two counties involved, how determined--efforts to accommodate organ donation.

58.451. 1. When any person, in any county in which a coroner is

required by section 58.010, dies and there is reasonable ground to believe

that such person died as a result of:



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



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



(3) Some unforeseen sudden occurrence and the deceased had not been

attended by a physician during the thirty-six-hour period preceding the

death;



(4) In any unusual or suspicious manner;



(5) Any injury or illness while in the custody of the law or while an

inmate in a public institution;

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

knowledge of such a death shall immediately notify the coroner of the known

facts concerning the time, place, manner and circumstances of the death.

Immediately upon receipt of notification, the coroner or deputy coroner shall

take charge of the dead body and fully investigate the essential facts

concerning the medical causes of death, including whether by the act of man,

and the manner of death. The coroner or deputy coroner may take the names and

addresses of witnesses to the death and shall file this information in the

coroner's office. The coroner or deputy coroner shall take possession of all

property of value found on the body, making exact inventory of such property

on the report and shall direct the return of such property to the person

entitled to its custody or possession. The coroner or deputy coroner shall

take possession of any object or article which, in the coroner's* or the

deputy coroner's 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 immediately contact the county coroner. Immediately upon receipt

of such notification, the coroner or the coroner's deputy shall make the

determination if further investigation is necessary, based on information

provided by the individual contacting the coroner, and immediately advise

such individual of the coroner's intentions.



3. Upon taking charge of the dead body and before moving the body the

coroner shall notify the police department of any city in which the dead body

is found, or if the dead body is found in the unincorporated area of a county

governed by the provisions of sections 58.451 to 58.457, the coroner shall

notify the county sheriff or the highway patrol and cause the body to remain

unmoved until the police department, sheriff or the highway patrol has

inspected the body and the surrounding circumstances and carefully noted the

appearance, the condition and position of the body and recorded every fact and

circumstance tending to show the cause and manner of death, with the names

and addresses of all known witnesses, and shall subscribe the same and make

such record a part of the coroner's report.



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

body was buried without any investigation or autopsy, the coroner, upon being

advised of such facts, may at the coroner's own discretion request that the

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



5. The coroner may 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 or when a physician is unavailable to sign a

certificate of death.



6. When the cause of death is established by the coroner, the coroner

shall file a copy of the findings in the coroner's office within thirty days.



7. If on view of the dead body and after personal inquiry into the cause

and manner of death, the coroner determines that a further examination is

necessary in the public interest, the coroner on the coroner's own authority

may make or cause to be made an autopsy on the body. The coroner may on the

coroner's own authority employ the services of a pathologist, chemist, or

other expert to aid in the examination of the body or of substances supposed

to have caused or contributed to death, and if the pathologist, chemist, or

other expert is not already employed by the city or county for the discharge

of such services, the pathologist, chemist, or other expert shall, upon

written authorization of the coroner, be allowed reasonable compensation,

payable by the city or county, in the manner provided in section 58.530. The

coroner shall, at the time of the autopsy, record or cause to be recorded

each fact and circumstance tending to show the condition of the body and the

cause and manner of death.



8. If on view of the dead body and after personal inquiry into the cause

and manner of death, the coroner considers a further inquiry and examination

necessary in the public interest, the coroner shall make out the coroner's

warrant directed to the sheriff of the city or county requiring the sheriff

forthwith to summon six good and lawful citizens of the county to appear

before the coroner, at the time and place expressed in the warrant, and to

inquire how and by whom the deceased died.



9. (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 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 original transferring county, investigate and conduct

postmortem examinations at the expense of the coroner or medical examiner

from the original transferring county. The coroner or medical examiner from

the original 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 of 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 the 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.



10. There shall not be any statute of limitations or time limits on the

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

homicide, suicide, accident, child fatality, criminal abortion including those

self-induced, or any unusual or suspicious manner. The place of death shall

be the place in which the person is determined to be dead. The final

investigation of death in determining the cause and matter of death shall

revert to the county of origin, and the coroner or medical examiner of such

county 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.



11. Except as provided in subsection 9 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.



12. In performing the duties, the coroner or medical examiner shall

comply with sections 58.775 to 58.785 with respect to organ donation.



(L. 1957 p. 334 § 1, A.L. 1959 H.B. 396, A.L. 1969 p. 118, A.L. 1973

S.B. 122, A.L. 1983 H.B. 477, A.L. 1986 H.B. 1164, A.L. 1989 S.B.

389, A.L. 1990 H.B. 1416, A.L. 1996 H.B. 811, A.L. 2008 S.B.

1139)



*Word "coroner" appears in original rolls.



CROSS REFERENCES:



Autopsy, consent required, 194.115



Pituitary gland to be retained unless contrary indication by decedent

or next of kin, 58.770





1996



1996



58.451. 1. When any person, in any county in which a coroner is

required by section 58.010, dies and there is reasonable ground to believe

that such person died as a result of:



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



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



(3) Some unforeseen sudden occurrence and the deceased had not been

attended by a physician during the thirty-six-hour period preceding the

death;



(4) In any unusual or suspicious manner;



(5) Any injury or illness while in the custody of the law or while an

inmate in a public institution; the police, sheriff, law enforcement

officer or official, or any person having knowledge of such a death shall

immediately notify the coroner of the known facts concerning the time,

place, manner and circumstances of the death. Immediately upon receipt of

notification, the coroner or his deputy shall take charge of the dead body

and fully investigate the essential facts concerning the medical causes of

death, including whether by the act of man, and the manner of death. He

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

this information in his office. The coroner or his deputy shall take

possession of all property of value found on the body, making exact

inventory of such property on his report and shall direct the return of

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

coroner or his deputy 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 coroner. Immediately upon receipt of

such notification, the coroner or the coroner's deputy shall make the

determination if further investigation is necessary, based on information

provided by the individual contacting the coroner, and immediately advise

such individual of the coroner's intentions.



3. Upon taking charge of the dead body and before moving the body the

coroner shall notify the police department of any city in which the dead

body is found, or if the dead body is found in the unincorporated area of a

county governed by the provisions of sections 58.451 to 58.457, the coroner

shall notify the county sheriff and the highway patrol and cause the body

to remain unmoved until the police department, sheriff or the highway

patrol has inspected the body and the surrounding circumstances and

carefully noted the appearance, the condition and position of the body and

recorded every fact and circumstance tending to show the cause and manner

of death, with the names and addresses of all known witnesses, and shall

subscribe the same and make such record a part of his report.



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

body was buried without any investigation or autopsy, the coroner, 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.



5. The coroner shall certify the cause of death in any case under his

charge when a physician is unavailable to sign a certificate of death.



6. When the cause of death is established by the coroner, he shall

file a copy of his findings in his office within thirty days.



7. If on view of the dead body and after personal inquiry into the

cause and manner of death, the coroner determines that a further

examination is necessary in the public interest, the coroner on his own

authority may make or cause to be made an autopsy on the body. The coroner

may on his own authority employ the services of a pathologist, chemist, or

other expert to aid in the examination of the body or of substances

supposed to have caused or contributed to death, and if the pathologist,

chemist, or other expert is not already employed by the city or county for

the discharge of such services, he shall, upon written authorization of the

coroner, be allowed reasonable compensation, payable by the city or county,

in the manner provided in section 58.530. The coroner shall, at the time

of the autopsy, record or cause to be recorded each fact and circumstance

tending to show the condition of the body and the cause and manner of

death.



8. If on view of the dead body and after personal inquiry into the

cause and manner of death, the coroner considers a further inquiry and

examination necessary in the public interest, he shall make out his warrant

directed to the sheriff of the city or county requiring him forthwith to

summon six good and lawful citizens of the county to appear before the

coroner, at the time and place expressed in the warrant, and to inquire how

and by whom the deceased came to his death.



9. 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 county coroner 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.



10. Except as provided in subsection 9 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.



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

make reasonable efforts to accommodate organ donation.



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