Updates rule language and statute references concerning the “purpose of the Medical Examiners Commission,” revises the rule section title, and adds definitions to support revisions in Rule Chapters 11G-2 and 11G-5, F.A.C., makes housekeeping changes,...

DEPARTMENT OF LAW ENFORCEMENT
Medical Examiners Commission

RULE NO.: RULE TITLE:
11G-1.001: Structure, Purpose
11G-1.002: District Medical Examiners, Associate Medical Examiners

PURPOSE AND EFFECT: Updates rule language and statute references concerning the “purpose of the Medical Examiners Commission,” revises the rule section title, and adds definitions to support revisions in Rule Chapters 11G-2 and 11G-5, F.A.C., makes housekeeping changes, and relocates existing rule language to a more appropriate rule paragraph.

SUMMARY: Updates, revises, and clarifies rules regarding the Medical Examiner’s Commission and procedures.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

OTHER RULES INCORPORATING THIS RULE: N/A.

EFFECT ON THOSE OTHER RULES: N/A.

The proposed rule is not expected to exceed any of the criteria set forth in Section 120.541(2)(a), F.S., and thus, a legislative ratification is not required under Section 120.541(3), F.S. This determination is based upon the nature of the subject matter of the proposed amendment.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 406.04 FS.
LAW IMPLEMENTED: 406.02, 406.06, 406.17 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Tuesday, February 28, 2012, 1:00 p.m.

PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Donna Hunt at [phone] or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Donna Hunt at [phone] or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308

 

THE FULL TEXT OF THE PROPOSED RULES IS:

11G-1.001 Purpose, Definitions Structure, Purpose.

(1) The Medical Examiners Commission adopts rules pursuant to Section 406.04, F.S., to comply with the requirements of Chapter 406, Part I, F.S. Rule Chapter 11G, F.A.C., shall read in conjunction with Chapter 406, Part I, F.S. The Medical Examiners Commission is created within the Department of Law Enforcement (the Department). The Commission consists of nine persons appointed or selected as provided in Section 406.02(1), F.S.

(2) The following terms shall be deemed controlling for Rule Title 11G, F.A.C., and Chapter 406, Part I, F.S., unless otherwise defined in Chapter 406, Part I, F.S.:

(2) The Commission submits nominations to the Governor for appointment of a district medical examiner for each medical examiner district, as defined in this rule chapter, from nominees who are practicing physicians in pathology. In home rule counties which have established medical examiners under provisions of home rule charter, the medical examiner shall serve as the district medical examiner who would otherwise be appointed under this chapter.

(a) “Associate medical examiner” means associate medical examiner as defined in Section 406.06, F.S.

(b) “Autopsy” means autopsy as defined in Section 872.04(1), F.S.

(c) "Charge" of a dead body means administrative control over the location, transportation, and disposition of the body, and does not imply custody of the body.

(d) "Custody" of a dead body means physical possession of the body, and does not imply charge of the body.

(e) “District medical examiner” means district medical examiner as defined in Section 406.06, F.S.

(f) “Identification photograph” means a still image of the face, ear, tattoo, or other distinctive mark of a dead human body, taken for identification purposes only and that includes a medical examiner case number.

(g) “Legally authorized person” means legally authorized person as defined in Section 497.005(39), F.S.

(h) “Medical examiner” means a district medical examiner, associate medical examiner, or substitute medical examiner.

(i) “Medical Examiners Commission” means “Medical Examiners Commission” as defined in Section 406.06, F.S.

(j) “Photograph of an autopsy” does not include an identification photograph, a photomicrograph, or a photoradiograph.

(k) “Photomicrograph” means a still image of tissue depicting histologic detail, captured through a microscope.

(l) “Photoradiograph” means an image produced by the capture of radiation or other forms of non-visible energy, which depicts the structure of objects through which the radiation or energy has passed.

(m) “Substitute medical examiner” means a medical examiner appointed pursuant to Section 406.15, FS.

Rulemaking Specific Authority 406.04 FS. Law Implemented 406.02, 406.06, 406.17 FS. History–New 10-18-81, Formerly 11G-1.01, Amended 7-6-99,________.

 

11G-1.002 District Medical Examiners, Associate Medical Examiners, Ethics.

(1) A District Medical Examiner (DME) is appointed for each Medical Examiner District by the Governor under the provisions of Section 406.06(1), F.S.

(2) A District Medical Examiner may appoint such Associate Medical Examiners as needed, to serve at the pleasure of the DME.

(1)(3) An appointment of an associate medical examiner Associate Medical Examiner expires with the expiration of the appointment of the district medical examiner who District Medical Examiner that appointed him or her.

(2)(4) The district medical examiner District Medical Examiner shall file with the Medical Examiners Commission written notice of the Commission office a copy of the letter of appointment, resignation, or removal of each associate medical examiner Associate Medical Examiner.

(3)(5) The district medical examiner District Medical Examiner shall supervise the work and work product of associate medical examiners Associate Medical Examiner on a regular basis as necessary to ensure insure consistency and quality.

(6) The term “medical examiner” as used in these rules means a District Medical Examiner or Associate Medical Examiner.

(4)(7) The medical examiners, their agents, servants and employees shall not be the agents, servants or employees of the Florida Department of Law Enforcement or the Medical Examiners Commission and shall not be entitled to any benefits granted employees of the Florida Department of Law Enforcement.

(a)(8) The Florida Department of Law Enforcement shall not be deemed to assume any liability for the acts, omissions to act or negligence of the medical examiners, their agents, servants and employees.

(b)(9) Medical examiners are subject to the provisions of the Code of Ethics for Public Officers and Employees, Chapter 112, Part III, F.S. Medical examiners shall become familiar with the Code of Ethics and ensure that they are in compliance with the requirements stated therein.

(c) Medical examiners or their business entities are permitted to provide services if the terms and conditions of Section 112.313(12), F.S., (exemptions) are met.

(d)(10) A medical examiner Medical examiners shall not:

1.(a) Obtain any rental space or equipment from a business or professional association in which the medical examiner or the he, his spouse or children of the medical examiner have has a business interest unless the county he or she serves determines that any one of the exemptions cited in Section 112.313(12), F.S., applies.

2.(b) Utilize a business or professional association in which the medical examiner or the he, his spouse or children of the medical examiner have has a business interest for any services, including but not limited to secretarial, laboratory, courier, and investigative, unless the county the medical examiner he serves determines that any one of the exemptions cited in Section 112.313(12), F.S., applies.

3.(c) Participate in any way with the county in the determination of the bid specifications or the determination of the lowest or best bidder for the services, rental space or equipment if his or her business or professional association is to submit a bid proposal to provide these services, rental space or equipment.

4.(d) Allow May not allow an organ or tissue procurement agency to provide employees or the salaries for any members of the medical examiner’s examiners office.

(11) Medical examiners or their business entities may provide services if the terms and conditions of Section 112.313(12), F.S., (exemptions) are met.

Rulemaking Specific Authority 406.04 FS. Law Implemented 112.313, 406.02, 406.06, 406.17 FS. History–New 10-18-81, Formerly 11G-1.02, Amended 4-11-88, 12-26-88, 8-28-91, 2-23-93, 8-22-00, 7-29-01,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 15, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 14, 2011