HOUSE BILL ANALYSIS
HB 1893
Title: An act relating to an autopsy of a minor.
Brief Description: Allowing a parent or guardian time to seek a court order to forbid an autopsy of a minor child.
Sponsors: Representatives Kessler and Ballasiotes.
HOUSE COMMITTEE ON LAW &
JUSTICE
Staff: Edie Adams (786-7180).
Background: Generally, persons in the following order of priority may give consent to the performance of an autopsy on the remains of a deceased person: a spouse; an adult child; a parent; an adult brother or sister; a guardian; or a person or agency authorized or obligated to dispose of the remains.
The county coroner may order the autopsy of a deceased person, regardless of whether consent of a family member has been provided, if the coroner has "jurisdiction" over the remains of the deceased person. The county coroner has jurisdiction over the remains of a deceased person under a number of circumstances, including when the person died:
Csuddenly, when in apparent good health;
Cby apparently unnatural or unlawful means;
Cunder suspicious circumstances, or unknown or obscure causes;
Cby violence or from a known or suspected abortion;
Cfrom drowning, hanging, burns, electrocution, gunshot wounds, stabs or cuts, starvation, alcoholism, exposure, drugs, suffocation, or smothering; or
Cfrom a contagious disease that may be a public health hazard.
Summary of Bill: A coroner or medical examiner may not perform an autopsy on a minor child if the parent or guardian of the child requests that the autopsy temporarily be staid to allow the parent or guardian time to seek a court order to permanently stay the autopsy. The coroner may immediately perform the autopsy if the court refuses to issue an order permanently staying the autopsy.
Fiscal Note: Not requested.
Effective Date: Ninety days after adjournment of session in which bill is passed.
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