11G-5.004. Process for District Medical Examiner Candidate Nomination to the Governor

(1) Policy Statement. Nominations for appointment as a district medical examiner shall be made only after solicitation of comments from city, county and state officials as well as from directors of funeral homes. Candidates nominated by the Medical Examiners Commission will be submitted to the Governor within 30 days after the Commission has voted on the matter. It is not the intent of the Commission to serve as the primary recruiting source for district medical examiner candidates, rather, the Commission intends that this responsibility should remain primarily within the district. The Commission will provide a medical examiner member of the Commission to participate in the candidate screening process at the district level.

(2) Procedure for Nomination for Reappointment of District Medical Examiners.

(a) Prior to the expiration of each incumbent district medical examiner’s three year term of appointment, the Medical Examiners Commission staff shall survey by written correspondence the district’s state attorney(s), public defender(s), sheriff(s), police chief(s), county commissioner(s), funeral home directors and a member of the local medical community. The survey will solicit input from each relevant to performance of the incumbent district medical examiner and ask for a “favorable” or “non-favorable” response regarding nomination for reappointment. Additionally, the survey will ask for suggestions for improving district medical examiner services. The survey shall request recommendations for the nomination of the incumbent or any other qualified candidate(s) to serve as district medical examiner.

(b) A summary of the survey results shall be provided to the Commission. Copies of the survey responses shall be forwarded to the incumbent district medical examiner by Commission staff. The incumbent, together with any other qualified candidates named in the survey responses, shall be notified in writing as to the date, time and place of the Commission meeting which will be considering the reappointment of the district medical examiner.

(c) The Commission chairman may request establishment of a committee, as referred to in paragraph 11G-5.004(3)(b), F.A.C., to address concerns regarding the incumbent district medical examiner raised in the survey responses or to initiate a search for other candidates for nomination by the Commission.

(3) Procedure to fill a District Medical Examiner Vacancy.

(a) The Governor will be notified by the Commission upon determination that a district medical examiner position has become vacant or is anticipated to become vacant. The Commission shall also notify the respective state attorney(s), public defender(s), sheriff(s), police chief(s), county commission(s) and funeral home directors for that medical examiner district, requesting that names of potential candidates for the position of district medical examiner be submitted to the candidate search committee established in paragarph 11G-5.004(3)(b), F.A.C.

(b) Within 30 days of being notified of a vacancy or anticipated vacancy, the Chairman of the Commission shall call for a district candidate search committee to be established and appoint a chairman. The search committee shall consist of invited representatives from the offices of the state attorney(s), public defender(s), sheriff(s), police chief(s), county commission(s), funeral homes and a representative of the local medical community from within the bounds of that particular medical examiner district and a physician member of the Medical Examiners Commission or other medical examiner designated by the Chairman. The search committee shall be requested to:

1. Seek applications from interested candidates who are licensed physicians and experienced practitioners of pathology who possess qualifications to take the examination or already possess the primary certification offered by the American Board of Pathology, American Osteopathic Board of Pathology, or equal qualification rendered by a non-United States medical specialty certifying agency.

2. Establish an interview team, which shall have a quorum of three participants, to interview interested candidates meeting minimum position qualifications. If the district includes a medical school, the dean of the medical school should be invited to participate as a member of the interview team.

3. Assure that the candidate(s) recommended to the Commission for nomination as district medical examiner is in agreement with the respective county representatives regarding the medical examiner budget as outlined in Section 406.06(3), F.S.

4. Review background information about the final candidate(s) from present and past sources, to include a criminal history check, comments of county medical associations, employment references, local hospitals, government agencies and funeral homes with which the candidate(s) has a prior working relationship. Background inquiries should incorporate information on work performance and working relationships, as well as the candidate(s) reasons for and circumstances of leaving employment.

5. Submit an interview package to the Medical Examiners Commission staff for each candidate recommended to the Commission for nomination consisting of: pertinent correspondence regarding the candidate(s); results of background inquiries; letters of reference; and a letter from the candidate(s) to the Commission staff authorizing the release of information from former employers and the Board of Medicine in the state in which the candidate(s) is or was licensed.

6. Complete the candidate selection and interview process and submit interview packages to the Commission within 90 days of appointment of the candidate search committee unless additional time is requested in writing and approved by the Commission Chairman.

(c) The Commission staff shall review interview packages for completeness, prior to their being submitted to the Medical Examiners Commission and, if directed by the Chairman, make additional inquiries concerning the candidate’s background or qualification.

1. The Commission staff shall verify each candidate’s medical licensure status.

2. The Commission staff shall notify all candidates in writing of the time and place of the Commission meeting at which the district nomination(s) will be considered.

(d) The Commission, by majority vote, shall nominate one or more candidates to the Governor, to fill a district medical examiner office vacancy prior to the expiration of six months from the date of the vacancy. Nothing herein is intended to restrict the Commission’s consideration of candidates for nomination only to those persons who may be recommended by a candidate search committee.

(e) The Commission will notify each candidate in writing as to the action taken by the Commission regarding their nomination as district medical examiner.

(f) The Commission will notify the chairman of the candidate search committee in writing on action taken by the commission regarding candidates submitted by the district to fill a district medical examiner vacancy. If the Commission does not vote to nominate any of the candidates submitted by the candidate search committee, the chairman of the committee may be requested to submit other candidates. The Office of the Governor will be notified that none of the candidates submitted for that district were acceptable and that the position is still vacant.

Rulemaking Authority 406.04 FS. Law Implemented 406.06(1)(a) FS. History–New 2-23-93, Amended 9-27-93, 5-21-12.