10501237, 11G-2.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10501237

Notice of Development of Rulemaking

Department:

DEPARTMENT OF LAW ENFORCEMENT

Division:

Medical Examiners Commission

Chapter:

STANDARD INVESTIGATION PROCEDURES

Overview

RULE:

11G-2.001	Determination of Jurisdiction, Preliminary Procedures
11G-2.002	Identification
11G-2.003	Investigation
11G-2.004	Physical Evidence, Body Parts, Specimens
11G-2.005	Records, Autopsy Report
11G-2.006	Practice Guidelines

PURPOSE:

Paragraphs 11G-2.001(1)(a), (b), (c), F.A.C., Restructured the rule sections and replaced the word “jurisdiction” with more explicit language because the term “jurisdiction” is not supported by Chapter 406, F.S.; old (2) Removed because the term “jurisdiction” is not supported by Chapter 406, F.S., and “control of the body” is incorrectly used; new (2)(a) Clarified by deleting and combining with the new (2); new (2)(b), (c) Removed these rule sections because the current rule text incorrectly states that pursuant to 406.11, F.S., jurisdiction exists for fetuses; new (3) Made grammatical and housekeeping revisions; (3)(a) Removed vague rule language; new (4) Revised because the term “jurisdiction” is incorrectly used pursuant to Chapter 406, F.S.; (4)(a) Revised because “control of the body” is used incorrectly pursuant to statute; (4)(b) Revised because the examination of the scene of death or injury is not required for many hospital deaths; old (4)(d) Removed because the DMV rule language is redundant to Section 316.065(2), F.S.; new (4)(d) Made grammatical changes; new (4)(e) Added a statutory reference to support the term “legally authorized person”; new (5)(d) Removed the requirement for submitting an annual workload report because Section 406.02, F.S., does not require this report.
Subsections 11G-2.002(1) and (2), F.A.C., Reworded to remove vague rule language; (3) Revised to be more specific about the procedure for processing unidentified remains; (4) Reworded for clarification.
Subsection 11G-2.003(2), F.A.C., Removed unrelated rule language regarding signing of death certificates; New (3) Clarified rule language because Section 406.11, F.S., grants total discretion for the medical examiner to perform or not perform an autopsy and the current rule language does not grant this discretion; New (4) Revised to comply with the current rule requirements for autopsies without infringing entirely on the discretion to not autopsy. Relocated rule language from subsection 11G-2.004(3), F.A.C., to subsection 11G-2.003(4), F.A.C., for clarification and to require toxicology tests on violent deaths only when an autopsy is performed; new (5)(a), (b), (c), (d) Added rule language to specify when an autopsy shall be performed; Old (3) Removed rule language in conflict with statute. Section 406.11 grants total discretion to the medical examiner to perform or not perform an autopsy in any case, and the current rule language does away with that discretion; Old (4) and old (5) Rewrote and relocated to a new (5).
Rule 11G-2.0031, F.A.C., Repealed rule identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary and relocated the SIDS autopsy protocol to the Practice Guidelines.
Rule 11G-2.004, F.A.C., Renamed the rule title to better describe the contents of the rule; old (l) and new (k) Relocated old (i) as new (k) and corrected the statutory reference for “legally authorized person”; (1)(l)4. Added rule language to clarify that “research” does not include test development when tissues or fluids are received in support of a death investigation; old (3) Moved rule language from subsection 11G-2.004(3), F.A.C., to subsection 11G-2.003(4), F.A.C., to a more appropriate rule section to address toxicology testing on violent deaths; New (3), (3)(e), (4) Made grammatical changes; new (6)(d) Added a rule reference; new (6)(g), (h), and new (7)(b)1.-2. Moved rule language regarding next of kin to (7)(b)1. and (7)(b)2., and reworded (7)(b)3., because the current rule could be construed to prohibit a medical examiner’s toxicology laboratory from using specimens for test development and validation and could be considered research.
Paragraphs 11G-2.005(1)(a)-(e), F.A.C., Made grammatical changes; (1)(g) Added rule language for documenting the custody and surrender of dead bodies; new (2)(a)-(d) Added autopsy report guidelines and redefined “autopsy report” to allow opinions. (3) Removed obsolete rule language requiring the address of the district medical examiner’s office.
Rule 11B-2.006, F.A.C., Added a statutory reference and included the address for obtaining the Practice Guidelines.

SUBJECT:

Notification of death, findings and conclusion of death, notification of legally authorized persons of a death, relinquish charge of a dead body; examination of dead body, investigation of death prior to the release of human remains; removal of obsolete rule language; statistical reports; clarification of current rule language; unidentified human remains; examinations required for deaths resulting from violence; rules for performing an autopsy; repeal of SIDS Autopsy Protocol rule; research guidelines; custody and surrender of dead bodies; autopsy report; and how to obtain a copy of the Practice Guidelines.

RULEMAKING AUTHORITY:

406.04 FS.

LAW:

383.3362, 406.06(1)(a), 406.076, 406.11, 406.13, 406.145 FS.

PRINT PUBLISH DATE:

10/14/2011 Vol. 37/41

RELATED STATUTES
AND LAWS:

406.04 FS., 383.3362, 406.06(1)(a), 406.076, 406.11, 406.13, 406.145 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=11G-2.001&PDate=10/14/2011&Section=1

REFERENCE MATERIALS:

No reference(s).

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