CHAPTER Jus 2000  OFFICE OF CHIEF MEDICAL EXAMINER

 

PART Jus 2001  DEFINITIONS

 

          Jus 2001.01  “Anthropology” means the scientific study of the origin and physical, social, and cultural development and behavior of humans.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.02  “Assistant deputy medical examiner (ADME)” means a person appointed by the chief medical examiner pursuant to RSA 611:2, II, to investigate deaths under the professional direction and supervision of the chief medical examiner or the chief medical examiner’s designee.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.03  “Autopsy report” means a document prepared by the chief medical examiner, deputy chief medical examiner or designee after a postmortem examination of the deceased has been conducted, which details the findings made regarding the cause and manner of death after a postmortem examination of the deceased has been conducted.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.04  “Burial permit” means the permit issued by the department of state, division of vital records administration, that allows a dead body to be transported for purposes of burial or cremation.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.05  “Chief medical examiner” (CME) means the licensed physician certified by the American Board of Pathology as a qualified pathologist and appointed pursuant to RSA 611-A:1, I, to investigate deaths and supervise the office of chief medical examiner.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.06  “Competent cause of death” means a determination by a physician as to the specific injury, disease, or both that resulted in the death of the deceased.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.07  “Conjunctivae” means the mucus membranes that line the eyelids and the exposed surface of the eyeballs.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.08  “Cremains” means the ashes that remain after the cremation of a body.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.09  “Deputy chief medical examiner” (DCME) means the licensed physician certified by the American Board of Pathology as a qualified pathologist and appointed pursuant to RSA 611-A:1-a, to investigate deaths under the professional direction and supervision of the chief medical examiner and acts as the chief medical examiner whenever the latter is absent, or unable to act from any cause.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.10  “Deputy medical examiner” (DME) means a licensed physician appointed pursuant to RSA 611:2, II, to investigate deaths under the professional direction and supervision of the chief medical examiner.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.11  “Edentulous” means the absence of teeth.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.12 “Endocrine system” means a collection of glands that produces the hormones that regulate metabolism, growth, and sexual development.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.13  “Entomology” means the scientific study of insects.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.14  “Forensic pathology” means the branch of medicine concerned with the scientific study of the nature of disease or injury and its cause, processes, development, and consequences in the context of medicolegal cases.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.15  “Hepatobiliary system” means the liver, gall bladder, and bile ducts.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.16  “Histology” means the scientific study of the microscopic structure of animal and plant tissues.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.17  “Investigative report” means an official document containing the observations made and information compiled by a medical examiner in a medicolegal case as described in Jus 2005.01.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.18  “Livor mortis” means discoloration on a dead body due to the gravitational pooling of blood.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.19  “Lividity” means a skin discoloration as from livor mortis.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.20  “Medical examiner (ME)” means any person authorized pursuant to RSA  611 and RSA 611-A to investigate potential medicolegal cases.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.21  “Pathologist” means a physician who practices the branch of medicine concerned with the study of the nature of disease and its cause, processes, development, and consequences.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.22  “Medicolegal case” means a death in which the circumstances of the death are known or suspected to meet the criteria enumerated in RSA 611:3, II.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.23  “Personal effects” means the possessions of the deceased taken into possession by or at the direction of a medical examiner in the investigation of a potential medicolegal case.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.24  “Remains” means a dead human body.  The term also includes any separate parts of a dead human body.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.25  “Rigor mortis” means the muscular stiffness that occurs in bodies after death.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.26  “Toxicology” means the scientific study of the nature, effects, and detection of poisons and the treatment of poisoning.

 

Source.  #8937, eff 7-14-07

 

          Jus 2001.28  “Vitreous” means the jellylike mass that fills the cavity of the eyeball.

 

  Source.  #8937, eff 7-14-07

 

PART Jus 2002  QUALIFICATIONS, CERTIFICATION, AND TRAINING REQUIREMENTS

 

          Jus 2002.01  Chief Medical Examiner.  The CME shall meet the qualification requirements set forth in RSA 611-A:1.

 

Source.  #8937, eff 7-14-07

 

          Jus 2002.02  Deputy Chief Medical Examiner.  The DCME shall meet the qualification requirements set forth in RSA 611-A:1-a.

 

Source.  #8937, eff 7-14-07

 

          Jus 2002.03  Deputy Medical Examiner.  Each DME shall be a physician licensed pursuant to RSA 328-D who has met the training requirements set forth in Jus 2002.05.

 

Source.  #8937, eff 7-14-07

 

          Jus 2002.04  Assistant Deputy Medical Examiner.

 

          (a)  Each ADME shall be skilled and knowledgeable in the science of medicine, either through experience, training, or education.

 

          (b)  The CME shall determine whether a candidate’s particular experience, training, or education qualifies that person to serve as an ADME, in conformance with RSA 611-A and the particular needs of the Office of the Chief Medical Examiner (OCME).  The CME shall consider individuals, including those specified in (c), below, with forensic or clinical experience or previous course work in forensics pertinent to the OCME’s needs, to be qualified to serve as an ADME, including those specified in (c), below.

 

          (c)  The CME shall consider the following individuals to be qualified to serve as an ADME, provided that they are in good standing with the respective licensing authority and meet the other criteria specified herein:

 

(1)  Registered nurses, including advanced registered nurse practitioners, licensed pursuant to RSA 326-B;

 

(2)  Physician assistants licensed pursuant to RSA 328-D;

 

(3)  Emergency medical technicians (EMT) licensed at any level pursuant to RSA 153-A;

 

(4)  Chiropractors licensed pursuant to RSA 316-A; and

 

(5)  Dentists licensed pursuant to RSA 317-A.

 

          (d)  Regardless of the type of skill and knowledge possessed by the candidate, no person shall be appointed as an ADME until that person has met the death investigation training requirements set forth in Jus 2002.05 or an equivalent training program from another jurisdiction as determined by the CME or DCME.

 

Source.  #8937, eff 7-14-07

 

          Jus 2002.05 Death Investigation Training.

 

          (a)  Prior to appointment as a DME or an ADME, each candidate shall complete the training in death investigation provided through the OCME or an equivalent training program from another jurisdiction as determined by the CME or DCME.  The training shall be both didactic and clinical in form and shall be given during a minimum of 55 hours of instruction and shall be provided at no charge to candidates.  The CME or DCME shall excuse a DME candidate from any portion of the training if it is determined by the CME or DCME that the candidate has already received the equivalent training from another Source.

 

          (b)  The didactic component of the death investigation training shall cover the following topics:

 

(1)  Jurisdiction and authority of the OCME;

 

(2)  Scene investigation and processing of physical evidence;

 

(3)  Sharp and blunt impact injury;

 

(4)  Asphyxia;

 

(5)  Firearm injuries;

 

(6)  Suicide;

 

(7)  Pediatric forensic pathology;

 

(8)  Deaths from fire or explosion;

 

(9)  Mass fatality incidents;

 

(10)  Motor vehicle fatalities;

 

(11)  Blood-borne pathogens;

 

(12)  Basic toxicology;

 

(13)  Identification of remains;

 

(14)  Examination of dead bodies and postmortem changes;

 

(15)  Death certification;

 

(16)  Documentation and chain of custody;

 

(17)  Domestic violence and elder abuse;

 

(18)  Sudden natural death including maternal deaths;

 

(19)  Forensic photography; and

 

(20)  Professional ethics.

 

          (c)  The clinical component of the death investigation training shall:

 

(1)  Cover the following topics:

 

a.  Observation of at least 20 autopsies;

 

b.  At least 10 observed scene investigations; and

 

c. At least 10 supervised scene investigations with the candidate serving as primary investigator; and

 

(2)  Have no maximum with respect to hours spent accumulating the requisite number of autopsies observed or supervised initial scene investigations.

 

Source.  #8937, eff 7-14-07

 

          Jus 2002.06  Certification.

 

          (a)  After full attendance and completion of the didactic training component, and accumulation of the requisite clinical experiences, the CME shall certify the selected candidate as either a DME or ADME, consistent with the education, training and experience of the candidate.

 

          (b)  For purposes of RSA 611:9, any dentist licensed pursuant to RSA 317-A shall be deemed qualified to perform a dental examination of a dead body when such has been requested by any medical examiner.

 

Source.  #8937, eff 7-14-07

 

          Jus 2002.07  List of Deputy Medical Examiners and Assistant Deputy Medical Examiners. 

 

          (a)  On an annual basis the OCME shall provide to the following persons and entities a written list of each appointed DME or ADME expected to conduct investigations in the jurisdiction of that person or entity:

 

(1)  The county attorney;

 

(2)  The county sheriff dispatchers, except that state police troop B dispatch shall receive such notification for Hillsborough County;

 

(3)  The Department of State, Division of Vital Records Administration; and

 

(4)  The attorney general.

 

          (b)  The OCME shall provide written notification to the affected persons or entities listed in (a) above upon the appointment of each new DME or ADME or the withdrawal of appointment of any DME or ADME.

 

Source.  #8937, eff 7-14-07

 

          Jus 2002.08  Examination of Samples.

 

          (a)  The following existing state facilities shall be considered to be qualified, pursuant to RSA 611-A:1, II(c), for the purpose of conducting testing, examination, or analysis of samples collected in a death investigation:

 

(1)  The laboratories of the department of health and human services;

 

(2)  The laboratories of the department of safety;

 

(3)  The laboratories of the department of environmental services;

 

(4)  The laboratories within the university system of New Hampshire; and

 

(5)  Any other public or private in-state facility that is accredited by the relevant generally recognized accrediting body, depending on the type of facility.

 

          (b)  If no qualified in-state facility is available, samples shall be sent to an out-of-state facility, that is accredited by the relevant generally recognized accrediting body, depending on the type of facility.

 

Source.  #8937, eff 7-14-07

 

PART Jus 2003  SUPERVISION AND DUTIES OF MEDICAL EXAMINERS

 

          Jus 2003.01  General Supervision.

 

          (a)  The CME shall, pursuant to RSA 611-A:1, provide professional direction and supervision to the DCME and all medical examiners. 

 

          (b)  The DCME shall, pursuant to RSA 611-A:1-a, provide professional direction and supervision to all medical examiners in the absence of the CME or when the CME is unable to act for any cause.

 

          (c)  The CME shall, pursuant to RSA 611-A:2, appoint an individual to be the acting chief medical examiner when the chief medical examiner and the deputy chief medical examiner are absent or unable to act in their official capacities.  Such acting chief medical examiner shall meet the qualifications set forth in RSA 611-A:2, and the appointment shall be made in writing.

 

          (d)  The CME and DCME shall, pursuant to RSA 611-A:1 and RSA 611-A:1-a, respectively, serve for specific terms of 5 years and until a successor is appointed and has qualified, unless removed from office pursuant to RSA 4:1.  All other medical examiners shall, pursuant to RSA 611:2, serve at the pleasure of the CME.

 

          (e)  Medical examiners shall be authorized to act anywhere in New Hampshire, but shall be assigned specific geographical areas as their primary geographical areas of responsibility.

 

Source.  #8937, eff 7-14-07

 

          Jus 2003.02  Duties of Medical Examiners.

 

          (a)  Pursuant to RSA 611:3, it shall be the duty of each medical examiner, having taken the oath of office, to make investigations in medicolegal cases.  A medicolegal case shall exist when death is pronounced or remains are found indicating that a human has died and that death is known or suspected to involve one or more of the circumstances enumerated in RSA 611:3, II.

 

          (b)  In undertaking a death investigation, each medical examiner shall:

 

(1)  Comply with Jus 2000 and any direction provided by the CME, DCME, or designee when acting as CME, regardless of whether such direction is provided in writing, orally, electronically, or through any other means; and

 

(2)  Conduct the investigation in such a way as to preserve the scientific and legal integrity of the investigation.

 

          (c)  Once the medical examiner has completed the death investigation, the medical examiner shall report the findings to the CME, DCME, or designee and make a recommendation as to whether an autopsy should be conducted.

 

          (d)  An ME who is a licensed physician may determine the cause of death and, after consultation with the CME or DCME and in compliance with RSA 5-C:62, certify that determination on the death certificate.  An ME who is not a licensed physician may certify on a death certificate the cause of death as determined by the CME or DCME or designee, after consultation with that person, noting the date and time of consultation.

 

Source.  #8937, eff 7-14-07

 

PART Jus 2004  DEATH INVESTIGATIONS

 

          Jus 2004.01  Investigation Prior to Cremation or Burial at Sea.

 

          (a)  When remains are intended to be cremated or buried at sea, the responding ME shall investigate the death as set forth in this section.

 

          (b)  Prior to the release of the remains for cremation or burial at sea, “Cremation Certification” form ME-6, as described in Jus 2005.06, shall be completed to document examination of the remains.

 

          (c)  If the responding ME determines that no further investigation is necessary, the responding ME shall release the remains for cremation or burial at sea.  Remains that will be cremated shall be subject to the requirements of RSA 325-A:18, including the requisite burial and OCME certificates, and, unless an exemption is granted, the 48-hour waiting period commencing at the time of death. 

 

          (d)  The OCME shall grant an exemption pursuant to (c) above if:

 

(1)  The ME has determined, after consultation with the CME or DCME, that no further investigation is necessary; and

 

(2)  The reason for the request is based on the fact that the deceased died due to a contagious or infectious disease.

 

          (e)  If the responding ME determines that further investigation is necessary, investigation shall proceed as otherwise set forth in Jus 2004.

 

Source.  #8937, eff 7-14-07

 

          Jus 2004.02  Initiation of Death Investigation.  A potential medicolegal case shall commence when a local law enforcement agency or a health care facility has discovered, or has been contacted regarding the discovery of remains under circumstances that appear to fall within those enumerated in RSA 611:3.  The local law enforcement agency or health care facility shall then contact the ME primarily on call in that geographical area.  The ME shall make a determination as to whether a viewing of the body will be necessary for the purpose of the investigation required pursuant to RSA 611:3, II.  If the ME determines that such a viewing is necessary, the ME shall either, as soon as practicable, respond to the scene or where the deceased is located or arrange for response by another ME.

 

Source.  #8937, eff 7-14-07

 

          Jus 2004.03  OCME Acceptance or Declination of Jurisdiction. 

 

          (a)  The ME who has been contacted shall investigate the potential case to determine whether the OCME shall accept or decline jurisdiction.  The investigation shall consist of, at a minimum, a telephone consultation with the reporting agency.  If necessary, the ME shall confer with the CME or DCME for the purpose of receiving direction specific to the potential case.

 

          (b)  The OCME shall decline jurisdiction if the ME concludes from the information obtained during the initial investigation either that the death does not fall within one of the enumerated circumstances in RSA 611:3 or that the death falls within one of those enumerated circumstances but the cause of death is clear and there are no suspicious or unusual circumstances surrounding the death.  If jurisdiction is declined, the ME shall so inform the reporting party and release the remains. 

 

          (c)  The OCME shall accept jurisdiction if the responding ME concludes that any of the circumstances described in RSA 611:3, II apply or appear to apply to the death being investigated and the cause or manner of death, or both, are not clear.

 

          (d)  The responding ME shall confer with the CME or DCME in every case in which jurisdiction is accepted.  Such consultation shall be for the purpose of receiving any further instruction related to the investigation.

 

          (e)  If jurisdiction is accepted, and an autopsy will be performed, the responding ME shall complete Form ME-5 “Identification Tag” as described in Jus 2005.06, send it with the remains for autopsy, and arrange to have the remains transported to the place where the autopsy will be performed. 

 

          (f)  If jurisdiction is accepted and no autopsy is deemed necessary, then the responding ME shall release the body after completion of the external examination and collection of samples.

 

          (g)  The responding ME shall document all decisions and actions with respect to accepting or declining OCME jurisdiction by completing the appropriate sections of Form ME-1 “DME/ADME Investigation Report” as described in Jus 2005.01.

 

Source.  #8937, eff 7-14-07

 

          Jus 2004.04  Preservation of the Scene.

 

          (a)  Upon discovery of remains in a potentially medicolegal case, neither the remains nor any personal effects or possible weapons in the immediate vicinity of the remains shall be disturbed except as permitted by the responding ME.

 

          (b)  Prior to moving remains or other evidence pursuant to (a), above, such remains or other evidence shall be photographed or videotaped, including digital imaging and other imaging processes.  If it is not possible to so photograph or videotape the remains or other evidence, then the local law enforcement agency shall mark the position of the remains or other evidence prior to movement.

 

          (c)  Notwithstanding (a) above, the remains may be moved if the death:

 

(1)  Did not occur in a medical facility and such movement shall be solely to:

 

a.  Prevent destruction or loss of the remains or other evidence at the scene; or

 

b.  Protect the health or safety of others; or

 

(2)  Occurred in a medical facility and such movement shall be to the morgue or other storage area, provided that:

 

a.  The precipitating event that caused the death did not occur at the site of death;

 

b.  The remains were transported to the morgue or other storage area in the same condition as when death occurred, except that the facility may disconnect the remains from fixed medical equipment prior to transport; and

 

c.  The remains shall be made immediately available for examination by the responding ME.

 

Source.  #8937, eff 7-14-07

 

          Jus 2004.05  Examination of the Remains and Gathering Evidence.

 

          (a)  Upon arrival at the location of the remains, the ME shall take control of the scene in coordination with the responding law enforcement agency so as to preserve any evidence that might help to establish identity of the deceased, the cause of death, and the manner of death.

 

          (b)  The responding ME shall examine and document the condition of the remains and the scene, as well as collecting applicable demographic and other data regarding the deceased, using Form ME-1, “DME/ADME Investigation Report” as described in Jus 2005.01.

 

          (c)  Examination of the remains shall include, to the extent indicated for the determination of the cause of death and manner of death or the preservation of evidence, any of the following types of examination:

 

(1)  Photographic or other imaging processes;

 

(2)  Dental;

 

(3)  Entomological; and

 

(4)  Collection and preservation of tissue and other samples from the remains.

 

          (d)  Personal Effects shall be processed as follows:

 

(1)  If an autopsy is ordered, the responding ME shall take into possession all personal effects and any other items, other than medication, that are pertinent to the death investigation.  Such items shall be vouchered, using Form ME-4 “Evidence or Property Inventory and Chain of Custody” as described in Jus 2005.05.  Such items shall be placed in tamper proof evidence bags or containers or,  if the items are found on the body, shall remain with the body and transported with it from the scene;

 

(2)  If no autopsy is ordered, but the ME determines that certain items or personal effects, other than medication, are pertinent to a determination of the cause and manner of death, the ME shall voucher the items on Form ME-4 and bag each item in a tamper proof evidence bag.  Such items shall be delivered to the OCME as soon as possible after being taken in possession, but in no case later than 72 hours;

 

(3)  All other personal effects shall be vouchered on a separate form and turned over to the next of kin, through the funeral home, with the voucher form.   Chain of custody shall be maintained on all vouchered items not turned over to the next of kin, so as to preserve the evidentiary value of such items for use in any future legal proceeding; and

 

(4)  The personal effects pertaining to unclaimed bodies or unidentified remains shall be inventoried and released with the remains.

 

          (e)  Medications pertinent to the investigation shall taken into custody and vouchered using Form ME-3 “Drug/Medication Inventory Form” as described in Jus 2005.04 and placed in separate tamper proof evidence bags or containers as follows:

 

(1)  If the local law enforcement agency has not already responded to the scene, the ME shall contact the agency and request that an officer respond to assist in the inventory and securing of medications.  Once the officer arrives, the ME shall inventory and voucher any medications being seized, in the officer’s presence, using Form ME-3 “Drug/Medication Inventory Form.”  The officer shall sign off as a witness on the Drug/Medication Inventory Form, verifying that the inventory was done in his or her presence.  The ME shall seal each container of medication with tamper evident tape provided by the OCME.  The completed form and the sealed medication containers shall be placed in a sealed evidence bag;

 

(2)  If it has been determined that an autopsy will be performed on the body, the sealed container shall be placed in the body bag, which shall also be sealed, for transportation to the morgue; and

 

(3)  If no autopsy will be performed, the police officer shall take custody of the sealed bag and deliver it to the police department where it shall be maintained in a secure location.

 

          (f)  To the extent necessary to establish the deceased’s identity, cause of death, or manner of death, the following persons, if available and willing, shall be interviewed by or at the direction of the responding ME:

 

(1)  Each person known to be present at the time of death;

 

(2)  Each emergency responder or other health care provider who provided potentially pertinent treatment, care, or transport prior to or immediately after the death;

 

(3)  Law enforcement and firefighting personnel responding to the scene;

 

(4)  Family members; and

 

(5)  Any person who resided with the deceased.

 

          (g)  The responding ME shall consult with responding law enforcement and emergency responders for the purpose of gathering their observations, questions, and suggestions relevant to investigation of the deceased’s identity, cause of death, and manner of death.  

 

          (h)  The responding ME shall display his/her official identification at all times when at scenes.

 

          (i)  The responding ME shall not allow any person to accompany the ME during any phase of a death investigation or cremation investigation unless that person has been given official OCME identification and authorized by the CME or DCME to accompany the ME.

 

Source.  #8937, eff 7-14-07

 

          Jus 2004.06  Identification.  The responding ME shall investigate and, if possible, establish the identity of the deceased using the following methodology:

 

          (a)  If a companion is present who was familiar with the deceased prior to the time of incapacitation or death, such companion’s identification of the deceased shall be presumed to be correct;

 

          (b)  If the deceased was alone but had photo identification in his or her possession, and the photo identification resembles the deceased, the photo identification shall be presumed be that of the deceased;

 

          (c)  In all other circumstances that make identification under (a) or (b) above not possible, the deceased shall be identified through other scientifically sound methods as determined by the responding ME, including without limitation any of the following:

 

(1)  Visual and/or photographic identification of the deceased by a person familiar with the deceased;

 

(2)  Correspondence of scars and tattoos;

 

(3)  Dental records;

 

(4)  Fingerprints;

 

(5)  Antemortem x-rays; and

 

(6)  DNA typing.

 

Source.  #8937, eff 7-14-07

 

          Jus 2004.07  Decision to Perform an Autopsy.  The decision as to whether an autopsy will be performed shall, pursuant to RSA 611:7, rest with the county attorney of the county in which the remains were found, the attorney general, or the CME or the CME’s designee.

 

Source.  #8937, eff 7-14-07

 

          Jus 2004.08  Autopsy.

 

          (a)  Examination of the remains shall be unrestricted and include, to the extent indicated for the determination of the cause of death and manner of death or the preservation of evidence, any of the following types of examination:

 

(1)  External and internal;

 

(2)  Photographic or any other imaging process;

 

(3)  Dental;

 

(4)  Radiological;

 

(5)  Histological;

 

(6)  Serological;

 

(7)  Toxicological;

 

(8)  Bacteriological;

 

(9)  Virological;

 

(10)  Chemical; and

 

(11)  Any other methodology that might be helpful in determining the cause or manner of death.

 

          (b)  The following kinds of samples shall be obtained, upon specific request of a law enforcement agency, from the bodies of those who are known or believed to have been convicted, indicted, or suspected of physical or sexual assault:

 

(1)  Fingerprint;

 

(2)  Scalp, pubic, and beard hair; and

 

(3)  Serological.

 

          (c)  If possible, specimens obtained at autopsy for toxicological analysis, if indicated, shall include:

 

(1)  Blood;

 

(2)  Urine;

 

(3)  Bile;

 

(4)  Vitreous;

 

(5)  Gastric content; and

 

(6)  Brain and liver tissue.

 

          (d)  All body fluid and tissue samples obtained at autopsy shall be preserved and stored in containers labeled with the following:

 

(1)  The OCME case number;

 

(2)  The name of the deceased, if known;

 

(3)  The date of autopsy; and

 

(4)  The initials of the physician who performed the autopsy.

 

          (e)  If possible, fingerprints, and to the extent pertinent to a particular case, palm prints and sole prints, shall be obtained from each:

 

(1)  Victim of an apparent homicide;

 

(2)  Person with one or more felony convictions, upon request from a law enforcement agency;

 

(3)  Person known or believed to have one or more outstanding arrest warrants, upon request from a law enforcement agency; and

 

(4)  Unidentified remains.

 

          (f)  If the prints are obtained pursuant to (e), above, by someone from the OCME, the OCME shall provide them to the state police and other investigating law enforcement agencies for all relevant law enforcement purposes.

 

Source.  #8937, eff 7-14-07

 

          Jus 2004.09  Autopsy Report.

 

          (a)  The CME, DCME, or CME’s designee shall prepare a report detailing the observations and findings for each autopsy performed.  Such report shall indicate whether such observations and findings are within normal limits for the individual organs or anatomical structures and the forensic relevance of such observations and findings.

 

          (b)  Each autopsy report prepared pursuant to (a) above shall contain the following general information and address the following issues, or attach the following items:

 

(1)  The case number;

 

(2)  The following information about the deceased, if known:

 

a.  Name;

 

b.  Age; and

 

c.  Date of death;

 

(3)  Date of pronouncement of death;

 

(4)  Date of examination;

 

(5)  The location and complete address of where the autopsy was performed;

 

(6)  The name and title of the person who performed the autopsy;

 

(7)  The name of the DME or ADME who performed the scene investigation and the county in which it was performed;

 

(8)  The name, title, and agency of each witness present for the autopsy;

 

(9)  How identity of the deceased was established;

 

(10)  Whether photographs were taken or other visual imaging processes were used at autopsy;

 

(11)  A general description of how the body appeared on first examination, including but not limited to:

 

a.  Observations regarding clothing;

 

b.  Presence of jewelry, including whether such jewelry was on the body or vouchered and transported with the body;

 

c.  A description of all other items vouchered and transported with the body; and

 

d.  Presence of therapeutic devices;

 

(12)  The forensic significance of all items transported with the body and each such item’s disposition.

 

          (c)  Each autopsy report prepared pursuant to (a) above shall contain a description of the body, based upon external examination, that at a minimum addresses the following:

 

(1)  The apparent state of development and nourishment;

 

(2)  The apparent race;

 

(3)  Whether appearance seems to be consistent with known age;

 

(4)  Its length and weight, and for infants and toddlers the age-appropriate percentile for such measurements, including head, chest, and abdominal circumference;

 

(5)  Observations regarding rigor mortis and livor mortis;

 

(6)  Its relative temperature;

 

(7)  The scalp hair color and length;

 

(8)  For infants and toddlers, the presence or absence of:

 

a.  Icterus;

 

b.  Edema;

 

c.  Cyanosis; and

 

d.  Lesions on the skin;

 

(9)  Observations regarding the:

 

a.  Head, and for infants and toddlers, its circumference;

 

b.  Eyes;

 

c.  Ears;

 

d.  Nose and mouth;

 

e.  Teeth, including natural teeth, dentures, or both;

 

f.  Neck;

 

g.  Chest and breasts, and for infants and toddlers, the circumference at the nipples;

 

h.  The abdomen, and for infants and toddlers, the circumference at the umbilicus; and

 

i.  External genitalia, anus and perineum;

 

(10)  A description of any scars or tattoos;

 

(11)  A description of any other surface features;

 

(12)  A description of any therapeutic procedures; and

 

(13)  A description of any injuries to the:

 

a.  Head and neck;

 

b.  Trunk; and

 

c.  Extremities.

 

          (d)  Each autopsy report prepared pursuant to (a) above shall contain a complete description, based upon internal examination, of the following organs, systems and structures:

 

(1)  The thoracic and abdominal organs, and body cavities;

 

(2)  Head and nervous system, including the weight of the brain;

 

(3)  The neck, including all structures and organs, and for infants and toddlers, the weight of the thymus;

 

(4)  The cardiovascular system, including the coronary arterial system and heart, including the weight of the heart;

 

(5)  The respiratory system, including the presence of any foreign material or blockage and the lungs, including the weight of each lung;

 

(6)  Liver and biliary system, including the weight of the liver;

 

(7)  The gastrointestinal system, including stomach contents, and whether the appendix is present;

 

(8)  The genitourinary system, including:

 

a.  The kidneys and their weight;

 

b.  The content of the urinary bladder;

 

c.  For a male, the prostate gland and testes;

 

d.  For a female, the:

 

1.  Uterine cervix;

 

2.  Uterus;

 

3.  Vagina; and

 

4.  Fallopian tubes and ovaries;

 

(9)  The endocrine system;

 

(10)  The lymphoreticular system, including the weight of the spleen; and

 

(11)  The musculoskeletal system.

 

          (e)  Each autopsy report prepared pursuant to (a) above shall describe all diagnostic studies actually conducted and their results, including:

 

(1)  Chemical analysis of blood and body fluids;

 

(2)  Serologic analysis of blood;

 

(3)  Radiographs; and

 

(4)  Other laboratory or special studies.

 

          (f)  Each autopsy report prepared pursuant to (a) above shall contain a summary of all findings of forensic significance.

 

          (g)  Each autopsy report prepared pursuant to (a) above shall contain a conclusion, based upon the investigation and autopsy, setting forth an opinion as to the mechanism, cause and manner of death.

 

          (h)  Each autopsy report prepared pursuant to (a) above shall contain a statement setting forth the other significant conditions that contributed to the cause of death, if such were found.

 

          (i)  Each autopsy report prepared pursuant to (a) above shall contain a list of any attachments, including but not limited to diagrams and written diagnostic study reports; and

 

          (j)  The CME, DCME, or designated pathologist shall sign and date the completed report.

 

Source.  #8937, eff 7-14-07

 

          Jus 2004.10  Release of Remains.  The remains shall be released by the OCME, pursuant to RSA 611:14, upon a determination that no autopsy shall be ordered, or, if an external examination has been done after specimens have been obtained, or, if an autopsy has been ordered, once the autopsy and all testing, except for receiving such testing results, have been completed.

 

Source.  #8937, eff 7-14-07

 

          Jus 2004.11  Release of Autopsy Reports.

 

          (a)  Autopsy reports shall be released only as specified in RSA 611-A:8 and this section. 

 

          (b)  The OCME shall treat autopsy reports as confidential medical records.  The OCME shall release a copy of an autopsy report to the decedent’s next of kin, a law enforcement agency or government agency involved in an investigation of the decedent’s death.  The OCME may release a copy of an autopsy report to a medical or scientific body or university or similar organization for educational or research purposes, provided however that when such reports are made available for that purpose, release shall be made upon the condition that all identifying information contained in the report shall remain confidential and shall not be published.  The OCME shall not otherwise disclose such reports without authorization of the next of kin that complies with all applicable state and federal requirements for the release of such records.  The requestor shall pay the fee specified in Jus 2006.01(e) before such report shall be provided.

 

Source.  #8937, eff 7-14-07

 

          Jus 2004.12  Release of Information Regarding Exposures from Remains.

 

          (a)  Following a suspected or documented unprotected exposure, as defined in RSA 141-G:1,  from a deceased person in a medicolegal case, law enforcement personnel, firefighters, emergency responders, and medical personnel requesting testing, results, or both, shall not make such requests directly to the OCME.  Persons making such requests shall direct them to their agency’s medical referral consultant (MRC) established under RSA 141-G:2.  The MRC shall then determine whether the exposure might place such person at risk.

 

          (b)  The OCME shall release to the MRC results of testing, in writing, as soon as practicable after receiving notification to the OCME of:

 

(1)  The determination made by the MRC that exposure might place the person at risk;

 

(2)  The extent and degree of exposure;

 

(3)  The date and time of the exposure; and

 

(4)  The identity of the deceased.

 

          (c)  Private citizens who request testing, results, or both, from the OCME following suspected or documented exposure from a deceased person in a medicolegal case shall be directed to their personal physician, who shall act as the MRC. 

 

          (d)  Except as otherwise provided by law, under no circumstances shall the OCME release information regarding exposure and test results to any person who is not an MRC or acting as one.

 

Source.  #8937, eff 7-14-07

 

PART Jus 2005  FORMS

 

          Jus 2005.01  Investigation Report.

 

          (a)  The responding ME shall complete the appropriate portions of Form ME-1 “DME/ADME Investigation Report” for each death investigated.  When the OCME declines jurisdiction after an initial investigation, the responding ME shall complete only those sections specifically designated on page one of the form.  Every page upon which information has been recorded shall be signed and dated by the responding ME.

 

          (b)  Except as provided in (c) below, the responding ME shall record, to the extent reasonably ascertainable and to the extent the ME deems it necessary to perform the ME’s lawful duties, the following regarding each death on or as an attachment to Form ME-1, regardless of whether an autopsy will be performed:

 

(1)  The responding ME’s name and date and time the ME was notified;

 

(2)  The county in which the death was discovered;

 

(3)  The following identification information regarding the deceased:

 

a.  Name;

 

b.  Social security number;

 

c.  Date of birth;

 

d.  Sex;

 

e.  Age at death;

 

f.  Race; and

 

g.  Home address;

 

(4)  The date, time and by whom:

 

a.  The deceased was last observed while alive;

 

b.  The death was witnessed;

 

c.  The decedent was found dead or unresponsive; and

 

d.  The death was pronounced;

 

(5)  The place of death, including the complete address;

 

(6)  A brief summary of the case;

 

(7)  The date and time of the incident, if applicable;

 

(8)  Whether the death appears to be work-related;

 

(9)  The incident location, including the complete address, if applicable;

 

(10)  Whether the responding ME was at the scene;

 

(11)  The arrival date and time of the responding ME;

 

(12)  The name, agency, and telephone number of each lead investigator at the scene;

 

(13)  The name of the CME, DCME, or designee the responding ME consulted with, and the date and time of such consultation;

 

(14)  The name of the county attorney, the date and time at which the county attorney was consulted, and whether an autopsy was authorized by the county attorney, if applicable;

 

(15)  The name, address, telephone number, and relationship of next of kin;

 

(16)  Whether next of kin were notified of the death and notified of whether an autopsy was ordered, if applicable;

 

(17)  Whether the responding ME contacted the next of kin;

 

(18)  The name, address, telephone number, and relationship of alternate contact;

 

(19)  The name and contact information of the funeral home to which the remains are to be released;

 

(20)  In an external examination case only, the cause and manner of death and any contributory cause(s) of death;

 

(21)  The marital status of the deceased;

 

(22)  With whom the deceased lived;

 

(23)  The deceased’s family relationships;

 

(24)  The employment status and occupation of the deceased;

 

(25)  Whether the deceased used alcohol, tobacco, or engaged in recreational drug use;

 

(26)  Pertinent medical history information of the deceased and the deceased’s family;

 

(27)  Whether a list of medications taken by the deceased has been obtained and attached;

 

(28)  Whether the deceased’s medical records have been obtained and attached;

 

(29)  The name and contact information of the deceased’s attending physician, and whether the physician was contacted by the responding ME;

 

(30)  Whether next of kin were referred for organ donation, and if not, the reason no referral was made;

 

(31)  A description of the relevant environment and climatic conditions; and

 

(32)  A description of the circumstances surrounding discovery of the remains.

 

          (c)  The responding ME shall determine and attach or record, to the extent ascertainable, the following:

 

(1)  The location at which the responding ME conducted the external examination of the remains;

 

(2)  The date and time at which the external examination commenced;

 

(3)  Who witnessed the external examination being conducted;

 

(4)  Whether photographs were taken or other imaging processes were used at the scene and upon examination;

 

(5)  Whether a diagram of the scene was created;

 

(6)  In the case of a confirmed identification of the deceased, the means of identification;

 

(7)  In the case of a tentative or unconfirmed identification:

 

a.  The name, address and telephone number of the deceased’s dentist;

 

b.  A history of x-rays or surgical procedures;

 

c.  A description of all scars, potentially identifying marks, or tattoos on the deceased;

 

d.  An indication of whether fingerprints are on file, and if so, where; and

 

e.  A description of any identifying marks.

 

(8)  The responding ME’s impression of the relative temperature of the deceased’s body, including whether it was refrigerated or otherwise cooled prior to examination;

 

(9)  Whether rigor mortis is present and if so, the relative degree in the jaw, neck, arms, and legs;

 

(10)  Whether livor mortis is present and, if so, a description:

 

(11)  A description of the eyes;

 

(12)  A description of all observed changes due to decomposition;

 

(13)  A description of all medical therapies administered;

 

(14)  Whether resuscitation was attempted;

 

(15)  A description of all scars, marks, or tattoos on the body of the deceased;

 

(16)  A description of evidence of any injury;

 

(17)  A description of any antemortem toxicology or other samples that were available or obtained:

 

(18)  A description of any postmortem toxicology or other samples that were obtained;

 

(19)  Whether any items have been seized and vouchered, and if so, the disposition of those items;

 

(20)  In cases where no autopsy will be performed, a description of the general physical characteristics of the deceased;

 

(21)  A description of the head hair and facial hair;

 

(22)  A description of the hair on the body;

 

(23)  A description of the facial area;

 

(24)  A general description of the neck structures;

 

(25)  A description of the dentition;

 

(26)  A description of the chest and breasts, including the presence or absence of lumps or deformities;

 

(27)  A description of the back and buttocks;

 

(28)  Identification of the genitalia as either male or female;

 

(29)  A description of the abdomen;

 

(30)  A description of the extremities, including whether the limbs are equal and symmetrical; and the condition of the fingernails; and

 

(31)  Any other observations or information gathered by the responding ME that might have significance with respect to determining identity, the cause or manner of death, or that might otherwise assist in a criminal investigation.

 

          (d)  In cases where jurisdiction has been accepted and an autopsy will be performed, the responding ME shall provide the CME, DCME, or designee, with the completed Investigation Report prior to the autopsy being conducted.

 

Source.  #8937, eff 7-14-07

 

          Jus 2005.02  Sudden Infant Death Investigation Report.

 

          (a)  The responding ME shall complete Form ME-2 “Sudden Infant Death Investigation Report” for each such death investigated.  Every page upon which information has been recorded shall be signed and dated by the responding ME.

 

          (b)  The responding ME shall record, to the extent ascertainable, the following regarding each infant’s death on the “Sudden Infant Death Investigation Report” or as an attachment thereto:

 

(1)  The responding ME’s name;

 

(2)  The county in which the death was discovered;

 

(3)  The date and time that the ME was notified;

 

(4)  The infant's:

 

a.  Name and address;

 

b.  Social Security number;

 

c.  Date of birth and age;

 

d.  Sex; and

 

e.  Race.

 

(5)  The date, time and name of the last person to see the infant alive;

 

(6)  The date, time and name of the person who witnessed the infant’s death;

 

(7)  The date, time and name of the person who found the infant dead or unresponsive;

 

(8)  The date, time, place of pronouncement of death, and the name of the person who pronounced death;

 

(9)  A summary of the case;

 

(10)  The incident location, date, and time;

 

(11)  An indication as to whether the place the infant was initially found was a:

 

a.  Residence;

 

b.  Day care center;

 

c.  Babysitter’s; or

 

d.  Other.

 

(12)  Whether the ME responded to the scene and if so, the date and time;

 

(13)  The name, agency, and phone number of each other person investigating;

 

(14)  The name of the CME, DCME, or designee with whom the responding ME consulted with respect to autopsy, and the date and time of such consultation;

 

(15)  The name of the county attorney, the date and time the county attorney was notified, and whether the county attorney authorized an autopsy;

 

(16)  The following information regarding next of kin:

 

a.  Name and address and telephone number; and

 

b.  Relationship;

 

(17)  Whether the next of kin was contacted by the ME and notified about the infant’s death;

 

(18)  Whether the next of kin was notified about an autopsy;

 

(19)  The name, address, telephone number, and relationship of an alternate contact for the next of kin;

 

(20)  The name, address, and phone number of the funeral home to which the remains will be released and whether the funeral home was chosen at the family’s request;

 

(21)  The following information regarding the death event:

 

a.  When the infant was last seen alive, and by whom;

 

b.  When the infant was found, and by whom;

 

c.  The position in which the infant was placed when last seen alive;

 

d.  The position in which the infant was found;

 

e.  The position of the infant's face when the infant was found;

 

f.  A full description of the sleeping arrangements, such as the type of bed and whether it was shared, if applicable;

 

g.  If the bed was shared:

 

1.  An indication whether alcohol or drugs were used by the individuals sharing the bed with the infant; and

 

2.  The ages, weights, and heights of the individuals sharing the bed with the infant;

 

h.  A list of all other items in bed with the infant, if applicable;

 

i.  The usual position of bedding or pillows, if applicable;

 

j.  A list of clothing, by layer, that the infant was wearing when found;

 

k.  Whether the infant was hot or sweaty when found;

 

l.  Whether rectal temperature was taken at any time during attempted resuscitation and the reading;

 

m.  Whether any fluid or material was noted as being on the infant's face, in the infant's nostrils or mouth, or on the bedding;

 

n.  The following information with respect to resuscitation:

 

1.  Whether resuscitation was attempted at the scene, and if so, by whom;

 

2.  How the resuscitation was attempted;

 

3.  The level of training of the person or persons initiating CPR;

 

4.  Who was contacted by the person finding the infant, and in what order; and

 

5.  The name and telephone number of each first responder;

 

(22)  From each person who initially found the infant a description as well as a reconstruction using a doll that shows exactly how the infant was positioned when found;

 

(23)  Photographs, including video recordings or any other type of imaging process, of the reconstruction if possible;

 

(24)  The following information on the infant's care and medical history:

 

a.  Whether the infant was breast fed, bottle-fed, or fed by other means;

 

b.  A history of any feeding problems;

 

c.  Whether the formula required the dilution by water or other fluids;

 

d.  How much the infant ate or drank at the last feeding, and what time the last feeding occurred; and

 

e.  A description of the infant's usual eating pattern, such as whether the infant ate solid foods and the total amount of formula in a 24-hour period;

 

(25)  The following information regarding, or from, the infant's pediatrician:

 

a.  Name and telephone number of the pediatrician;

 

b.  Child’s general health status;

 

c.  The date and purpose of the infant's last office visit; and

 

d.  A list of all immunizations received and the dates thereof;

 

(26)  The following prenatal/birth history information:

 

a.  Whether prenatal care was received and if so, the name and telephone number of the obstetrician;

 

b.  The name of the birth hospital;

 

c.  Whether there were any problems with the pregnancy or birth;

 

d.  The gestational age at birth in weeks; and

 

e.  The birth weight;

 

(27)  Information regarding the infant's medical history, including whether the infant:

 

a.  Was admitted to a hospital after birth;

 

b.  Visited the emergency room;

 

c.  Was being given any medications;

 

d.  Had any recent symptoms or illnesses; and

 

e.  Had a history of injury;

 

(28)  Whether the family has a history of other SIDS deaths;

 

(29)  Whether there have been other recent deaths in the family;

 

(30)  A description of any recent illness or health problems of family members or caretakers;

 

(31)  Whether the infant had any other known exposure to illness or infection, and if so what;

 

(32)  Whether the mother smoked during pregnancy, after pregnancy, or both;

 

(33)  The names, ages, and relationships of all persons who share the residence where the infant was found and who were present in the house prior to or when the infant was found;

 

(34)  Whether the infant was with a single parent, married or unmarried parents, or other caretaker;

 

(35)  A description of the employment of the parents/caretakers, and whether they were receiving welfare or other public assistance;

 

(36)  A list of caretakers other than the primary caretakers who care for the infant or siblings on a regular basis;

 

(37)  The percentage of time that the primary caretaker spent with the infant;

 

(38)  The demographics of each caretaker, including where each grew up and now resides;

 

(39)  An estimation of the family's socio-economic status, selecting one of the following:

 

a.  Poverty;

 

b.  Low;

 

c.  Middle; and

 

d.  Upper;

 

(40)  The residence where the infant was found;

 

(41)  A description of the dwelling type;

 

(42)  The room in which the infant was originally found to be unresponsive;

 

(43)  The type of heating in the residence, and whether there were any recent repairs;

 

(44)  The condition of the interior of the residence;

 

(45)  The number of rooms in the residence and the number of persons living in the residence;

 

(46)  Information regarding Department of Health and Human Services, Division of Children, Youth and Families (DCYF) involvement, including whether:

 

a.  There were any previous DCYF referrals for the family;

 

b.  There were any previous DCYF referrals for the caregiver’s family;

 

c.  There were any previous DCYF referrals for the parents or caregivers as children;

 

d.  There was any family or caregiver history of violence, drug use or alcohol abuse;

 

e.  There were any police contacts with the family or caregivers; and

 

(47)  Additional notes relative to the investigation;

 

          (c)  The responding ME shall record on the “Sudden Infant Death Investigation Report” the following with respect to an external examination of the infant:

 

(1)  The place, date, and time of the external examination;

 

(2)  The name of the person who witnessed the external examination;

 

(3)  Whether photographs were taken of, or other imaging processes were used at, the scene and external examination;

 

(4)  Whether a diagram was done and if so, is attached;

 

(5)  An assessment of postmortem changes, including:

 

a.  Temperature at time of exam;

 

b.  Whether the infant was refrigerated/cooled prior to the examination;

 

c.  Presence of rigor mortis, and whether it is complete/symmetrical and if present on the jaw, neck, arms and legs;

 

d.  Presence of liver mortis, and its color, distribution, refill, whether it is fixed or blanching, and whether it is appropriate;

 

e.  Whether the corneas of each eye were moist, dry, clear, cloudy or opaque;

 

f.  Whether tache noire was present in each eye;

 

g.  An assessment of the changes of decomposition;

 

(6)  Whether any resuscitation was attempted;

 

(7)  A description of any scars, marks or tattoos;

 

(8)  Whether any signs of injury were observed;

 

(9)  Information regarding evidence and toxicology, including:

 

a.  Whether antemortem specimens were obtained and if so, the type/source of specimen, where it was drawn, who it was drawn by, and the date/time drawn;

 

b.  Whether postmortem specimens were obtained and if so, the type/source of specimen, where it was drawn, who it was drawn by, and the date/time drawn;

 

c.  Whether other evidence was seized and if so, a description of it; and

 

d.  The disposition of any specimens or evidence seized in addition to attaching a custody sheet.

 

Source.  #8937, eff 7-14-07

 

          Jus 2005.03  Release of Investigation Reports.

 

          (a)  The OCME shall treat investigation reports as confidential medical records pursuant to RSA 91-A, applicable federal law and consistent with RSA 611-A:8, under which comparable information has been deemed confidential.  The OCME shall on request release a copy of an investigation report to the decedent’s next of kin, a law enforcement agency or government agency involved in an investigation of the decedent’s death.

 

          (b)  The OCME may release a copy of an investigation report to a medical or scientific body or university or similar organization for educational or research purposes, provided however that when such reports are made available for that purpose, release shall be made upon the condition that all identifying information contained in the report shall remain confidential and shall not be published.

 

          (c)  The OCME shall not otherwise disclose such reports without authorization of the next of kin that complies with all applicable state and federal requirements for the release of such records. 

 

          (d)  The requestor shall pay the fee specified in Jus 2006.01(e) before such report shall be provided.

 

Source.  #8937, eff 7-14-07

 

          Jus 2005.04  Drug/Medication Inventory Form.

 

          (a)  In accordance with Jus 2004.05 (e), the responding ME shall complete Form ME-3 “Drug/Medication Inventory Form” for each death investigation in which the responding ME gathers or is given custody of medications that might be relevant to such investigation. 

 

          (b)  The responding ME shall document taking medication into custody by providing the following on Form ME-3:

 

(1)  The name, date of birth, age, date of death, and address of the deceased;

 

(2)  The OCME case number if known;

 

(3)  The name, strength, and dosage of the medication;

 

(4)  A description of any markings or imprints on the medication if the medication does not appear to represent what should be in the container;

 

(5)  The date the prescription was issued;

 

(6)  The number issued;

 

(7)  The instructions on the medication;

 

(8)  The name of the prescribing health care provider;

 

(9)  The name, address, and telephone number of the pharmacy;

 

(10)  The name of the ME completing the form and the date completed; and

 

(11)  The name of the person who witnessed the ME complete the form and the date.

 

Source.  #8937, eff 7-14-07

 

          Jus 2005.05  Evidence or Property Inventory and Chain of Custody Form.

 

          (a)  The responding ME shall complete Form ME-4 “Evidence or Property Inventory and Chain of Custody Form” for each death investigation in which the responding ME gathers or is given custody of evidence, property, or personal effects found on or with the body of the deceased, other than medications, which might be relevant to such investigation.  Jus 2004.05 (e) and Jus 2005.04 shall govern the taking of custody of medications. 

 

          (b)  The responding ME shall list as many different items on a single form as space allows, but shall use as many forms as necessary to document and describe each item taken into custody.  If it is practicable, the responding ME shall photograph each item taken into custody.

 

          (c)  The responding ME shall record on Form ME-4 “Evidence or Property Inventory and Chain of Custody Form” the following regarding evidence or property taken into custody while an investigation is pending:

 

(1)  The deceased’s name, date of birth, age, and date of death;

 

(2)  The OCME case number if known;

 

(3)  A description of each item, which shall be sufficiently detailed and specific so as to permit others to positively identify each item, listed in one of the following 3 categories:

 

a.  Clothing;

 

b.  Jewelry/personal effects; and

 

c.  Other evidence/property.

 

          (d)  Changes in custody shall be documented as follows:

 

(1)  The name of the person releasing custody shall be printed clearly;

 

(2)  The name of the person accepting custody shall be printed clearly;

 

(3)  The date and time of such transfer of custody; and

 

(4)  The purpose of such transfer of custody.

 

          (e)  Any change in custody shall be documented in the first instance by the responding ME having custody, and then signed by such responding ME and the person to whom custody is transferred.  Subsequent changes in custody within or from the OCME shall be documented by the person having custody and then signed by that person and the person to whom custody is transferred.  If items are retained by the OCME, such items shall be listed under “Items Held & Disposition.” 

 

Source.  #8937, eff 7-14-07

 

          Jus 2005.06  Identification Tag.

 

          (a)  Prior to transport to the morgue for autopsy, the responding ME shall complete and affix Form ME-5 “Identification Tag” to each set of remains for which an autopsy will be performed.

 

          (b)  The responding ME shall provide the following information, to the extent known, on Form ME-5:

 

(1)  The name, date of birth, and address of the deceased;

 

(2)  The name and telephone number of the next of kin;

 

(3)  The date, time, and place of injury, if applicable;

 

(4)  The date, time, and place of death;

 

(5)  The circumstances of death and any other information pertinent to such circumstances;

 

(6)  Whether the responding ME or any law enforcement officials investigating the death have suspicions of foul play;

 

(7)  Whether any law enforcement officials investigating the death anticipate that criminal charges will be filed;

 

(8)  The name of each investigating law enforcement agency and official, and the telephone number of such official;

 

(9)  The name and telephone number of the responding ME;

 

(10)  The name and telephone number of the person, business, or organization that transported the remains to Concord;

 

(11)  The name and telephone number of the person, business, or organization to whom the body will be released following the autopsy, if known; and

 

(12)  The name of the person who completed the form.

 

Source.  #8937, eff 7-14-07

 

          Jus 2005.07  Cremation Certification.  The following shall be recorded on Form ME-6 “Cremation Certification” by the responding ME:

 

          (a)  The name of the decedent;

 

          (b)  The date and time of death;

 

          (c)  The place of death;

 

          (d)  The age and date of birth of the decedent;

 

          (e)  The name of the crematory and, if the ME viewed the body somewhere other than the crematory, the location of the view;

 

          (f)  The causes of death as they appear on the death certificate;

 

          (g)  The determined manner of death, specifying whether it was natural, accident, suicide, homicide, pending, or undetermined;

 

          (h)  The following information relative to examination of the decedent:

 

(1)  Whether photographs or other visual images of the decedent’s face were taken, if feasible;

 

(2)  Whether the decedent was fingerprinted, if feasible; and

 

(3)  Whether a hair sample was taken, if feasible.

 

          (i)  The date and time the ME viewed the remains;

 

          (j)  An indication, based on a review of the death certificate, whether:

 

(1)  The cause of death was described in an etiologically specific fashion, in detail; or

 

(2)  Whether amendment to the death certificate is required and, if so, what amendment is necessary and why.

 

          (k)  Additional relevant comments, including whether there is a recommendation that an autopsy should be conducted, and if yes an explanation of why an autopsy should be conducted.

 

          (l)  The name and signature of the responding ME certifying he or she has viewed the remains, reviewed the cause and manner of death, and is of the opinion that no further investigation or examination is required; and

 

          (m)  The date the form was completed and signed.

 

Source.  #8937, eff 7-14-07

 

          Jus 2005.08  Log of Unidentified Remains.

 

          (a)  The responding ME shall complete Form ME-7, “Log of Unidentified Remains” for each death investigation where multiple, potentially human remains are found but cannot be immediately identified.

 

          (b)  The responding ME shall list as many different items on a single form as space allows, but shall use as many forms as necessary to document and describe each item taken into custody.

 

          (c)  The responding ME shall record the following information for each death investigation in which potentially human remains are found but cannot be immediately identified:

 

(1)  The suspected body part found;

 

(2)  The body part identification number;

 

(3)  The date and time that the remains were found;

 

(4)  The location where the remains were found;

 

(5)  The disposition of the remains; and

 

(6)  The name of the responding ME.

 

Source.  #8937, eff 7-14-07

 

          Jus 2005.09  Report of Unidentified Remains.

 

          (a)  The responding ME shall complete Form ME-8, “Report of Unidentified Remains” for each death investigation in which potentially human remains are found but cannot be immediately identified.

 

          (b)  The responding ME shall record the following information for each death investigation in which potentially human remains are found but cannot be immediately identified:

 

(1)  The County and location where the unidentified remains were found

 

(2)  The responding ME’s name;

 

(3)  The date and time the ME was notified concerning the remains;

 

(4)  A description of the remains:

 

(5)  The identification number assigned to the remains:

 

(6)  A description of the circumstances of the discovery of the remains;

 

(8)  Whether the ME responded to the scene and if so the date and time;

 

(9)  The name and phone number of each lead investigator and agency involved with the investigation of the remains;

 

(10)  The name of the CME, DCME, or designee the ME consulted regarding the remains and the date and time of the consultation;

 

(11)  The name of the County Attorney who was notified and the date and time the notification was made;

 

(12)  If applicable, whether an autopsy was authorized;

 

(13)  Information concerning the disposition of the unidentified remains;

 

(14)  Whether a funeral home transported the remains from the scene;

 

(15)  The name of the person who released the remains to the funeral home for transport from the scene and if so;

 

a.  The address and phone number of the funeral home; and

 

b  The signature of the responding ME and the date signed; and

 

(16)  Other information of potential significance to the investigation.

 

Source.  #8937, eff 7-14-07

 

PART Jus 2006  FEES

 

          Jus 2006.01  Fees.

 

          (a)  Each responding ME shall receive the following fees, to the extent that such are actually performed or incurred:

 

(1)  For each investigation, a fee of $125;

 

(2)  For each telephone consultation for cases reported but jurisdiction declined by the OCME, a fee of $25;

 

(3)  Mileage reimbursement pursuant to RSA 611 at the pertinent established state or county reimbursement rate;

 

(4)  Reimbursement of the actual amount incurred for tolls paid responding to the scene; and

 

(5)  Reimbursement for the actual amount incurred for toll telephone calls made in the performance of medical examiner duties.

 

          (b)  Medical examiners and providers of body transport services shall submit invoices on a monthly basis to the OCME.  Such invoices shall be in sufficient detail and with such supporting documentation as to enable the OCME and the county to verify the substance of the invoice.

 

          (c)  Autopsy expenses shall be billed in accordance with RSA 611:17.

 

          (e)  Parties entitled to receive investigation reports and autopsy reports free of charge shall include next of kin, law enforcement agencies, and governmental agencies involved in the death investigation.  Reports to all others shall be available for a fee of $50 for each such report requested, unless no fee is charged as provided by law or these rules.  Other documents in the possession of the OCME that are public documents pursuant to RSA 91-A, shall be available for a charge of $0.25 per copied page plus the actual cost of postage, if mailed.

 

Source.  #8937, eff 7-14-07

 


APPENDIX

 

 

RULE

STATUTE

 

 

Jus 2001

RSA 541-A:7

Jus 2002.01

RSA 611-A:1, I

Jus 2002.02

RSA 611-A:1-a

Jus 2002.03

RSA 611:2, I

Jus 2002.04 – 05

RSA 611:2, II

Jus 2002.06

RSA 611:2, I and II; RSA 611:9

Jus 2002.07

RSA 611:4; RSA 611:5

Jus 2002.08

RSA 611:13; RSA 611-A:1, II

Jus 2003.01 (a) and (b)

RSA 611-A:1, I; RSA 611-A:1-a; RSA 611-A:6

Jus 2003.01 (c)

RSA 611-A:2

Jus 2003.01 (d)

RSA 611:3

Jus 2003.01 (e)

RSA 611:2; RSA 611:5

Jus 2003.02 (a) – (c)

RSA 611:13

Jus 2003.02 (d)

RSA 5-C:62, IV

Jus 2004.01(a)

RSA 611:3

Jus 2004.01 (b) – (e)

RSA 325-A:3

Jus 2004.02

RSA 611:3; RSA 611:5; RSA 611:6

Jus 2004.03

RSA 611:3; RSA 611:7; RSA 611:8, RSA 611:14

Jus 2004.04

RSA 611:6

Jus 2004.05

RSA 611:5; RSA 611:6; RSA 611:8, RSA 611:16;

RSA 611-A:8-a

Jus 2004.06

RSA 611:9; RSA 611:12

Jus 2004.07

RSA 611:7

Jus 2004.18

RSA 611:7; RSA 611:8; RSA 611-A:7

Jus 2004.09

RSA 611-A:8

Jus 2004.10

RSA 611:14

Jus 2004.11

RSA 141-G:2; RSA 611-A:8, IV

Jus 2004.12

RSA 611-A:1; RSA 141-G:2

 

 

Jus 2005

RSA 541-A:16; RSA 611:19

 

 

Jus 2006

RSA 611:18; RSA 611-A:1-a