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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