[Added 8-21-2012 by L.L. No. 50-2012]
In this article, the following terms shall have the meanings
indicated:
CAUSE OF DEATH
The medical state or condition which, directly or indirectly,
results in a death.
MANNER OF DEATH
The circumstances causing or producing a death. "Manner of
death" shall be classified into one or more of the following categories:
A. The Chief Medical Examiner shall have jurisdiction to investigate
and to execute any certification, reports or other documents when
a preliminary inquiry conducted pursuant to this article indicates
that a death may have occurred under one or more of the following
circumstances:
(1) Deaths which occur from criminal violence.
(2) Deaths which occur from an unlawful act or criminal neglect.
(3) Deaths which occur through casualty.
(5) Deaths which occur suddenly when in apparent good health.
(6) Deaths which occur unattended by a physician and where no physician
can be found to certify the cause or manner of death. In this context,
"unattended by a physician" shall mean not visited or treated by a
physician within the 10 days immediately preceding death. If, during
the course of an investigation of a death in this category, the Chief
Medical Examiner or his representative determines that the deceased
was attended by a physician or identified a physician who is otherwise
responsible for certifying the cause or manner of death, the Chief
Medical Examiner or his representative may terminate the investigation
and allow the attending physician or other physician to certify the
cause or manner of death and execute any necessary certificates.
(7) Deaths which occur in public institutions and hospitals, including
but not limited to the Suffolk County Correctional Facility or in
police custody.
(8) Deaths which occur during a diagnostic or therapeutic procedure or
which occur as a result of a diagnostic or therapeutic misadventure.
(9) Where an application is made pursuant to law for a permit to cremate
a body or to dispose of a dead body otherwise than by interment in
a cemetery.
(10)
Upon the discovery of anatomical material suspected of being
or determined to be a part of a human body.
(11)
When a fetus is born dead in the absence of a physician or midwife.
(12)
Deaths which may constitute a threat to public health.
(13)
Deaths by disease, injury or toxic agent resulting from employment.
(14)
When a dead body is brought into the County without proper medical
certification.
(15)
Deaths which occur in any suspicious or unusual manner.
B. In connection with a death or other matter within his jurisdiction
or the jurisdiction of the Office of the Medical Examiner, the Chief
Medical Examiner and the Deputy Chief Medical Examiner, if specifically
so authorized in writing by the Chief Medical Examiner, shall have
the power to hold hearings, subpoena witnesses, administer oaths and
affirmations, take testimony of any person under oath and compel the
production of books, records and other evidence.
C. The Chief Medical Examiner may employ a qualified physician or other
experts to make postmortem examinations and to testify thereon at
a compensation to be fixed by the County Legislature or, if none is
fixed, commensurate with the compensation which would be likely to
be received for such service in the County.
A. When notified of a death which may be within his jurisdiction, the Chief Medical Examiner, a Deputy Medical Examiner or a forensic investigator shall conduct a preliminary inquiry to determine if, in fact, the death falls within the Chief Medical Examiner's jurisdiction, as set forth in §
A32-2.
B. If it appears from the preliminary inquiry that the death is within
the Chief Medical Examiner's jurisdiction and that the intervention
of his office is necessary or advisable, the Chief Medical Examiner,
a deputy medical examiner or a forensic investigator shall initiate
an investigation and take charge of the dead body if necessary. Such
investigation is subject to coordination by the case primary detective
who, pursuant to Police Department rules and procedures, retains control
of the crime scene at all times and who shall inquire into the cause
and manner of death, prepare a report of the investigation and file
the same in the Office of the Medical Examiner.
A. In the course of the investigation, the Chief Medical Examiner, a
Deputy Medical Examiner or a qualified pathologist shall make or cause
to be made such examinations, including an autopsy, which may be necessary
to establish the cause of death, to determine the manner of death,
to establish any other fact which may be relevant to the circumstances
of or the investigation of the death or which may be otherwise necessary
in the public interest.
B. The report of any autopsy shall state the facts and circumstances tending to show the cause and manner of death. The person performing the autopsy shall include in the report a diagnosis of the cause of death and shall classify the manner of death into one or more of the categories set forth in the definition of "manner of death" in §
A32-1. The report of the autopsy shall be filed in the office of the Medical Examiner.
A. In addition to the jurisdiction of the Chief Medical Examiner over
certain deaths and his duties and responsibilities in connection therewith,
the Office of the Medical Examiner shall be responsible for furnishing
forensic medical, technical and scientific investigative services
to the Suffolk County Police Department, the Suffolk County District
Attorney's Office, the Suffolk County Department of Health Services
and other authorized departments and agencies. These services shall
include but shall not be limited to chemical, toxicological and other
laboratory tests, ballistics examinations, and such other scientific
and technical tests, examinations or experiments as the Chief Medical
Examiner, within the appropriations made therefor by the County Legislature,
shall deem necessary or advisable to provide.
B. In connection with the performance of forensic medical, technical
and scientific investigative services, employees of the Office of
the Medical Examiner shall, when actually engaged in the performance
of such services for such office, have the authority and the duty
to receive, retain, transport and possess controlled substances, firearms
and other dangerous weapons, fireworks, pornography equipment, gambling
devices, gambling records and other contraband as defined by the New
York State Penal Law, the New York Public Health Law or other provisions
of law.
A. The Office of the Medical Examiner shall keep full and complete records,
including records of the name, if known, of every person whose death
is investigated, the place where the body was found and the date of
death, as near as can be ascertained, to which there shall be attached
the original report of the Chief Medical Examiner and the detailed
findings of the autopsy, if any, with respect to such person.
B. The Chief Medical Examiner or his representatives shall promptly
deliver to the District Attorney copies of all records and reports
concerning any death where, in their judgment, there is an indication
of criminal misconduct.
C. All other records of the Office of the Medical Examiner shall be
subject to public inspection in the manner and to the extent set forth
in the Charter and other applicable law.
D. Each request for cremation approval from the Office of the Medical
Examiner for which an application for a permit to cremate a body has
been filed must be accompanied by a cremation approval fee in the
amount of $60, which fee may be waived by the Chief Medical Examiner
where the relatives or other persons requesting the cremation approval
are acting for a deceased recipient of public assistance or care,
as defined in New York Social Services Law § 141, and are
unable to pay said amount.
E. Each request for an autopsy report from the Office of the Medical
Examiner, other than a request from the deceased's next of kin or
as otherwise provided by law, must be accompanied by an autopsy report
fee in the amount of $30, which fee may be waived by the Chief Medical
Examiner where the relatives or other persons requesting the report
are acting for a deceased recipient of public assistance or care,
as defined in New York Social Services Law § 141, and are
unable to pay said amount.