Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Local Government Committee
HB 1326
Brief Description: Concerning coroners and medical examiners.
Sponsors: Representatives Lekanoff, Goodman, Ramel, Orwall, Klippert, Bateman, Lovick and Pollet.
Brief Summary of Bill
  • Requires coroners, other than prosecuting attorneys acting as ex-officio coroners, medical examiners, and full-time medicolegal investigative personnel to complete medicolegal forensic investigation training within 12 months of assuming office.
  • Requires coroner's and medical examiner's offices, other than those run by a prosecuting attorney acting as ex-officio coroner, to be accredited by the National Association of Medical Examiners or the International Association of Coroners and Medical Examiners by July 1, 2025.
  • Conditions reimbursement for autopsy costs from the Death Investigations Account on coroner's and medical examiner's satisfying training and accreditation requirements.
  • Repeals the mandate that elected prosecuting attorneys serve as ex-officio coroners in non-charter counties with a population of less than 40,000, as of January 1, 2025.
Hearing Date: 2/2/21
Staff: Kellen Wright (786-7134).
Background:

Every county in Washington has a coroner or medical examiner to investigate deaths, conduct inquests, order autopsies, and to determine cause of death in certain cases.  Whether a county has a coroner or medical examiner, and how that person is chosen, is dependent on the size of the county and on whether the county is a charter county or a non-charter county.  In a non-charter county with under 40,000 people, the elected prosecuting attorney serves as the ex-officio coroner.  In a non-charter county above 40,000, but under 250,000, the position of coroner is elected.  An elected coroner may not practice law, and may not, in a county of 40,000 or more, be an owner or employee of a funeral home or mortuary.  An elected coroner is not required to be a physician or to meet other criteria to qualify for the office.


In a non-charter county with a population of 250,000 of more, the county legislative authority, with voter approval, may replace the position of coroner with that of a medical examiner.  Medical examiners are appointed rather than elected, and must either be certified as a forensic pathologist or be a qualified physician eligible to take the pathology certification within one year of being appointed.  A physician who specializes in pathology but who is not certified as a forensic pathologist has three years to pass the examination.


In the seven charter counties, five have appointed a medical examiner, while two maintain the prosecuting attorney as the coroner.


The cost of an autopsy is borne by the county in which the autopsy is performed.  Some of these costs, however, are reimbursed from the Death Investigations Account.  Reimbursed costs include 40 percent of the cost of contracting for an outside pathologist and 25 percent of the salary for an internal pathologist who is primarily engaged in performing autopsies and who is a coroner or medical examiner or an employee of the office.
Summary of Bill:

A person who filed a declaration of candidacy for the office of coroner or medical examiner must, within 12 months of assuming office, have a certificate of completion from a medicolegal forensic investigation training that satisfies standards adopted by the Criminal Justice Training Commission in conjunction with the Washington Association of Coroners and Medical Examiners and a practicing physician selected by the Commission (together, "the Commission").  This requirement does not apply to prosecuting attorneys who act as ex-officio coroners.  A county in which a coroner or medical examiner has not obtained such certification within 12 months of assuming office is ineligible to receive reimbursement from the Death Investigations Account.


Except for those run by a prosecuting attorney as ex-officio coroner, all coroner's and medical examiner's offices must be accredited by either the International Association of Coroners and Medical Examiners or the National Association of Medical Examiners by July 1, 2025.  These offices must maintain accreditation thereafter.  A county that contracts for services with an accredited office in another county does not need to maintain accreditation.  An office that is not accredited may not receive reimbursement from the Death Investigations Account.


All elected coroners, persons serving as coroners, medical examiners, and all other full-time medicolegal investigative personnel in a coroner or medical examiner's office, other than an elected prosecutor serving as ex-officio coroner, must complete a medicolegal training academy  developed by the Commission within 12 months of being elected, appointed, or employed.  The training must satisfy the recommendations of the National Commission of Forensic Science for certification and accreditation, and must also cover sudden unexplained child death and missing persons protocol.  An office in which the coroner or medical examiner, or any full-time employee does not satisfy this requirement is ineligible for reimbursement from the Death Investigations Account.  Part-time personnel have 18 months to complete the training.  Completion of the training is a condition of continued employment with the office.  The Commission may provide for exemptions from the training requirement.


A coroner's or medical examiner's office that has satisfied the certification, accreditation, and training requirements will receive reimbursement from the Death Investigations Account for up to 30 percent of the salary of an internal pathologist who is primarily engaged in performing autopsies and who is a coroner or medical examiner or an employee of the office.


Beginning on January 1, 2025, the elected prosecutor will no longer be the ex-officio coroner in non-charter counties with under 40,000 people.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.