11G-2.003. Investigation

(1) A medical examiner shall investigate under the authority of Section 406.11, F.S., in order to determine the cause of death and such circumstances surrounding it as are necessary and in the public interest. Such an investigation shall consist of examinations or investigation as the medical examiner shall deem necessary, including but not limited to:

(a) An examination of the scene of death or injury and physical evidence;

(b) Questioning of relatives, witnesses, prior attending physicians, or law enforcement officers;

(c) An examination of the deceased’s medical records;

(d) An examination or autopsy of the body, including the testing of specimens as provided in Rule 11G-2.004, F.A.C., and a complete or partial dissection;

(e) Such photographs as needed to record the findings.

(2) Medical examiner autopsies performed pursuant to Section 406.11, F.S., shall be performed by pathologists or directly supervised residents in pathology. Performance shall require in situ examination of the tissues pertinent to determining the cause of death and the removal of viscera pertinent to the determination of the cause of death. Removal of other organs and tissues during the autopsy shall be under the direct supervision of the pathologist. Direct supervision requires the presence of the supervising pathologist in the autopsy room.

(3) A medical examiner shall not:

(a) Opine a cause or manner of death, an identification of a dead body, or a disease or injury unless he or she has made such investigations, examinations, autopsies, and laboratory examinations to render an informed opinion; or

(b) Release human remains from custody until he or she has made such autopsies and has retained such specimens and effects to opine a cause or manner of death, an identification of a dead body, or a disease or injury, or support a criminal investigation.

(4) Examination for alcohol and appropriate chemical and drug concentrations shall be done in any autopsy when the death has resulted from violence and has occurred within twelve hours of injury.

(5) Absent good cause, an autopsy shall be performed when:

(a) A reasonable suspicion exists that a death might be by criminal violence or by any violence sustained in prison, a penal institution, or police custody.

(b) A reasonable suspicion exists that the death is by accident, suicide or poison, unless:

1. The death is by poison and the deceased has survived in a hospital for a time sufficient to metabolize the poison, or

2. The death is by accident or suicide and the cause of death can be determined from a review of the circumstances, history, and available medical records.

(c) The death of a child is apparently natural and occurs suddenly while in apparent good health.

(d) The circumstances of death are unusual or suspicious by reason of the body being unidentified after investigation, charred, or completely or partially skeletonized.

Rulemaking Authority 406.04 FS. Law Implemented 406.11, 406.13 FS. History–New 10-18-81, Formerly 11G-2.03, Amended 8-27-87, 9-23-93, 12-3-03, 5-21-12.