11G-2.001. Determination of Jurisdiction, Preliminary Procedures

(1) When a death is reported to the medical examiner pursuant to Section 406.12, F.S., or the medical examiner learns or is notified of a death in his or her district the medical examiner shall:

(a) Make inquiry to determine whether to examine, investigate, or autopsy pursuant to Section 406.11, F.S., and to determine whether to take charge of the body pursuant to Section 406.13, F.S.

(b) Record the findings and conclusions supporting the medical examiner’s determination of cause of death in the permanent records of the medical examiner, in sufficient detail to allow a review of the circumstances, regardless of whether examination of the body or certification of the death by the medical examiner is required.

(c) Notify the person having custody of the body when the medical examiner has relinquished charge of a body not in the custody of the medical examiner.

(2) If a medical examiner makes an investigation solely pursuant to Section 406.11(1)(c), F.S., the medical examiner shall relinquish charge of the body when the medical examiner has autopsied the body, or has determined the cause of death by inquiry.

(3) If a medical examiner becomes aware of a death, apparently from disease, he or she shall investigate it as a death from a disease constituting a threat to the public health, if:

(a) The investigation is requested by an official of the Department of Health pursuant to Section 381.0011 or 381.0012, F.S., or

(b) The medical examiner determines that additional information concerning the cause and mechanism of death, beyond that available in the decedent's medical history, is needed to protect the public health.

(4) If the medical examiner takes charge of a body pursuant to Section 406.11(1)(a) or (b), F.S., he or she shall:

(a) Inform the person who has custody of the body, pursuant to Section 406.12, F.S., that the body should not be embalmed or otherwise prepared for burial or disturbed until examined by the medical examiner;

(b) Arrange for transportation of the body;

(c) Notify the appropriate law enforcement official having jurisdiction over persons, criminal scenes or investigations, physical evidence, or records, pursuant to Section 406.14, F.S.;

(d) Ensure that the legally authorized person is notified that the medical examiner is investigating the death, when this can be done without hindering the legal purpose of the investigation and the identification and location of the legally authorized person is readily available. The contact with the legally authorized person, or the attempt to contact, shall be documented in the medical examiner’s case file, whether such contact or attempt to contact is made by the medical examiner or through other persons or agencies such as hospital personnel, law enforcement agencies, funeral homes or friends of the deceased; and,

(e) Promptly notify the legally authorized person when the body can be released, provided the identification and location of the legally authorized person is known.

(5) Section 406.05, F.S., provides for cooperative arrangements among the several districts and Section 406.08(2), F.S., provides for fee payment when an autopsy is performed on a body when the death occurred outside the district. When such a cooperative arrangement is for the purpose of transporting the body of a person who dies in one medical examiner district (hereafter, district of jurisdiction) to another for autopsy or examination (hereafter, district of examination):

(a) The physician performing the examination must have a statutory appointment as an associate medical examiner in the district of jurisdiction pursuant to the provisions of Rule 11G-1.002, F.A.C.

(b) For each transfer of a body the medical examiner in the district of jurisdiction shall maintain in his or her files documentation of the agreement for the transfer; shall assign a case number from the district of jurisdiction; and shall maintain copies of any reports of examination or opinion by the appointed associate medical examiner, records of identification of the body, and records of the transfer and release of the body to the legally authorized person.

(c) The medical examiner of the district of examination shall maintain in his or her files documentation of the agreement for the transfer and shall include the case number of the district of jurisdiction on all signed reports.

(d) Statistics that are sent to the Medical Examiners Commission staff shall be reported by the district of examination.

Rulemaking Authority 406.04, 406.05, 406.08 FS. Law Implemented 406.02, 406.04, 406.05, 406.08, 406.11, 406.13 FS. History–New 10-18-81, Amended 7-10-85, Formerly 11G-2.01, Amended 8-27-87, 11-24-87, 10-14-96, 7-6-99, 6-9-08, 5-21-12.