Skip to Main Content
<< Back | Return to Main COMAR Search Page

23 records match your request.

FileAbstract
10.35.01.00.htm 10.35.01.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 35 POSTMORTEM EXAMINERS COMMISSION Chapter 01 Medical Examiner Cases Authority: Health-General Article, §5-301 et seq. and 18-213; Estates and Trusts Article, §4-509; Annotated Code of Maryland
10.35.01.01.htm 10.35.01.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Autopsy report" means a written document detailing the medical findings and conclusions of a postmortem examination performed by a medical examiner.2) "First degree relative" means a surviving spouse, parent, grandparent, sibling, and child of the deceased.3) “Forensic investigator” means a chief forensic investigator, deputy chief forensic investigator,
10.35.01.02.htm 10.35.01.02. 02 Report of Medical Examiner Cases to the Police or Sheriff.. A. Whenever a physician, funeral director, or other person has knowledge of the occurrence of a death that may have been the result of violence or suicide, or may have occurred by casualty or suddenly when the person was in apparent health, or not attended by a physician, or when the death may have occurred in any suspicious or unusual manner, the physician, funeral director, or other person havin
10.35.01.03.htm 10.35.01.03. 03 Medical Examiner.. An individual dying in Maryland as a result of a homicide, poisoning, suicide, criminal abortion, rape, drowning, or dying in a suspicious or unusual manner, or an unattended death of an apparently healthy individual shall be examined by the medical examiner in the Office of the Chief Medical Examiner in Baltimore, or in any other place as may be approved by the Chief Medical Examiner.
10.35.01.04.htm 10.35.01.04. 04 Deaths Due to Fire.. A. Fire Fighters and State Fire Marshal Personnel. The medical examiner shall perform an autopsy and complete toxicological examination of any fire fighter or sworn personnel of the State Fire Marshal's Office who dies in the line of duty or whose death appears to have been caused by:1) Fire;. 2) Toxic gases;. 3) Toxic fire conditions; or. 4) Fire-related circumstances.. B. Other Fire-Related Deaths. If a death occurs in a fire or is related to
10.35.01.05.htm 10.35.01.05. 05 Completion of the Death Certificate.. A. When the medical examiner has made a determination of the cause and manner of death, the medical examiner shall complete the death certificate.B. On the death certificate the medical examiner shall enter the:. 1) Name of the deceased;. 2) Cause of death and medical certification;. 3) Date and hour of death;. 4) Place where death occurred; and. 5) Place where the body was found.. C. The Medical Examiner shall record the manner of
10.35.01.06.htm 10.35.01.06. 06 Establishing a Hospital Death as a Medical Examiner Case.. A. The hospital physician shall be guided by the history and other circumstances in judging whether or not a death is under the jurisdiction of the medical examiner.B. Cases which are not bona fide medical examiner cases may not be made such simply because autopsy permission has been refused.C. Authentic medical examiner cases may not be withheld from the medical examiner's jurisdiction and autopsied by the hospita
10.35.01.07.htm 10.35.01.07. 07 Hospital Autopsy of Certain Medical Examiner Cases.. A. The following types of medical examiner cases may be autopsied by the hospital pathologists with the authorization of the Chief Medical Examiner:1) Death from acute or chronic alcoholism without manifestation of trauma;. 2) Death from accidental burns occurring in the home;. 3) Death, or sudden death, associated with a therapeutic procedure;.
10.35.01.08.htm 10.35.01.08. 08 The Hospital Agent.. A. Appointment.. 1) Each hospital shall appoint a responsible agent, office, or individual with whom the medical examiner can communicate at any hour regarding medical examiner cases in the hospital, after receiving notification of them from the police authority.2) Each hospital shall notify the medical examiner of the agent so appointed.. B. Responsibilities.. 1) Notification of Police. In accordance with Regulation .02 of this chapte
10.35.01.09.htm 10.35.01.09. 09 Anesthetic Deaths.. In the case of any anesthetic death occurring in Maryland, the hospital in which the death occurred shall notify immediately, by telephone, the Chief Medical Examiner or a Deputy Chief Medical Examiner, an assistant medical examiner, or the deputy medical examiner of the county in which the death occurred.
10.35.01.10.htm 10.35.01.10. 10 Entry to Storage or Autopsy Room at Office of the Chief Medical Examiner.. An individual, other than a member of the staff of the Chief Medical Examiner, may not enter the storage room or the autopsy room while work is being carried on there, except with the permission of the Chief Medical Examiner or the medical examiner performing the work.
10.35.01.11.htm 10.35.01.11. 11 Cornea Tissue Removal.. Whenever an authorized eye bank has informed the Chief Medical Examiner or the Chief Medical Examiner's deputy or assistant medical examiner that there is a need for corneal tissue for research or transplantation, the Chief Medical Examiner shall allow the authorized eye bank to make a removal if:A. A Certification of Need has been provided to the medical examiner;. B. The body has been tested to determine its suitability for transplantation;.
10.35.01.12.htm 10.35.01.12. 12 Donation of Internal Organs for Transplantation.. A. Whenever there is an immediate need for an internal organ as a transplant, that is, heart, lung, kidney, liver, pancreas, spleen, lymph nodes, or adrenal gland, a medical examiner may provide the organ, if requested by a transplant surgeon, under the following conditions:1) The medical examiner has jurisdiction over the body of a decedent;. 2) The body has been tested to determine its suitability;. 3) The hospital represent
10.35.01.13.htm 10.35.01.13. 13 Administrative Review of Correction of Findings and Conclusions.. A. Except in a case of a finding of homicide, a person in interest as defined in State Government Article, §10-611(e)3) Annotated Code of Maryland, may request the Office of the Chief Medical Examiner to correct findings and conclusions on the cause and manner of death recorded on a certificate of death under State Government Article, §10-625, within 60 days after a medical examiner files those fi
10.35.01.14.htm 10.35.01.14. 14 Release of Medical Examiner's Records.. A. Individual files of the Chief Medical Examiner are confidential medical records protected from disclosure under the provisions of State Government Article, §4-301 and 10-611 et seq. Annotated Code of Maryland.B. An exception to these confidential medical records is the official medical examiner's autopsy report. This report is a public record and is generally subject to disclosure under State Government Article, §10-611 et seq. An
10.35.01.15.htm 10.35.01.15. 15 Communicable Disease.. If, during the investigation of a death under the jurisdiction of the Office of the Chief Medical Examiner, a communicable disease is identified, it shall be reported by the medical examiner in writing within 24 hours to the health officer in the appropriate jurisdiction and to the deputy State health official, on the forms supplied by the Department of Health and Mental Hygiene, in accordance with COMAR 10.06.01.04.
10.35.01.16.htm 10.35.01.16. 16 Child Abuse or Neglect, or Both.. A death that is investigated by the Office of the Chief Medical Examiner that is found to be caused by or related to child abuse or neglect shall be reported by a medical examiner orally and in writing to local departments of social services and the local law enforcement agency of the subdivision in which the child last resided, in accordance with Family Law Article, §5-704, Annotated Code of Maryland.
10.35.01.17.htm 10.35.01.17. 17 Notification of Exposure to Contagious or Infectious Disease.. Whenever it is required that the Office of the Chief Medical Examiner notify a firefighter, emergency medical technician, rescue squad member, law enforcement officer, correctional officer, etc. of exposure to contagious disease or virus, and pursuant to Health-General Article, §18-213, Annotated Code of Maryland, the following procedures shall be followed:A. A medical examiner shall review information gat
10.35.01.18.htm 10.35.01.18. 18 Deaths in a State-Funded or State-Operated Facility.. A. A death in a State-funded or State-operated facility which constitutes a medical examiner's case, as defined in Health-General Article, §5-309, Annotated Code of Maryland, shall be investigated by the Office of the Chief Medical Examiner.B. Notification and Investigation. The sheriff, police, or chief law enforcement officer, in the jurisdiction where a death occurs, shall notify the medical examiner whenever
10.35.01.19.htm 10.35.01.19. 19 Deputy Medical Examiners/Forensic Investigators.. A. The Postmortem Examiners Commission shall appoint one or more deputy medical examiners and forensic investigators for each county.B. The Postmortem Examiners Commission shall appoint a deputy medical examiner from a list of qualified individuals submitted by the county medical society. However, the Commission may appoint a deputy medical examiner for the county without a list if there is no county medical society or if the med
10.35.01.20.htm 10.35.01.20. 20 Body Transportation Reimbursement.. A. The deputy medical examiner or forensic investigator shall arrange for body transportation services of human remains from a scene of death in Maryland to a specified location within Maryland.B. The deputy medical examiner or forensic investigator shall contact local county funeral directors or appropriate body transportation service providers within their jurisdiction, on a rotational basis, to arrange for body transportation services.
10.35.01.21.htm 10.35.01.21. 21 Fees for Other Services.. A. When a deputy medical examiner, or forensic investigator as the examiner’s designee, is called as a witness before a grand jury or in a criminal case, the examiner or investigator is entitled to:1) The fee that the court sets; and. 2) Any additional compensation that a county or court provides.. B. When any deputy medical examiner or forensic investigator is called as a witness in a civil case they are entitled to:1) $20 per hour; and.
10.35.01.9999.htm 10.35.01.9999. Administrative History Effective date: July 13, 1939. Amended December 22, 1950; February 27, 1951; May 15, 1951; June 26, 1951; January 15, 1963; October 22, 1963 ―Chapter revised effective August 2, 1993 (20:15 Md. R. 1220). Regulation .01B amended effective May 5, 2008 (35:9 Md. R. 898) November 24, 2014 (41:23 Md. R. 1373)Regulation .02 amended effective November 24, 2014 (41:23 Md. R. 1373). Regulation .03 amended effective May 5, 2008 (35:9 Md. R. 898).
<< Back | Return to Main COMAR Search Page