BILL REQ. #:  H-1669.1 

Read first time 02/10/09.   Referred to Committee on Early Learning & Children's Services.

     AN ACT Relating to forensic investigations; amending RCW 68.50.104 and 43.103.040; adding a new section to chapter 68.50 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 68.50 RCW to read as follows:
     The autopsy of a child under three years of age shall be performed in a facility designed for the performance of autopsies that is fully accredited by the national association of medical examiners and may not be performed in a funeral home.

Sec. 2   RCW 68.50.104 and 2001 c 82 s 2 are each amended to read as follows:
     (1) The cost of autopsy shall be borne by the county in which the autopsy is performed, except when requested by the department of labor and industries, in which case, the department shall bear the cost of such autopsy.
     (2) Except as provided in (c) of this subsection, when the county bears the cost of an autopsy, it shall be reimbursed from the death investigations account, established by RCW 43.79.445, as follows:
     (a) Up to forty percent of the cost of contracting for the services of a pathologist to perform an autopsy;
     (b) Up to twenty-five percent of the salary of pathologists who are primarily engaged in performing autopsies and are (i) county coroners or county medical examiners, or (ii) employees of a county coroner or county medical examiner; and
     (c) When the county bears the cost of an autopsy of a child under the age of three whose death was sudden and unexplained, the county shall be reimbursed for the expenses of the autopsy when the death scene investigation and the autopsy have been conducted under RCW 43.103.100 (4) and (5), and the autopsy has been done at a facility designed for the performance of autopsies that is, on or after July 1, 2010, fully accredited by the national association of medical examiners and not in a funeral home. If the county that performed the death investigation is different than the county that performed the autopsy, the reimbursement shall be shared equally by both counties.
     Payments from the account shall be made pursuant to biennial appropriation: PROVIDED, That no county may reduce funds appropriated for this purpose below 1983 budgeted levels.

Sec. 3   RCW 43.103.040 and 1995 c 398 s 5 are each amended to read as follows:
     The council shall consist of twelve members who shall be selected as follows: One county coroner; one county prosecutor; one county prosecutor who also serves as ex officio county coroner; one county medical examiner; one county sheriff; one chief of police; the chief of the state patrol; two members of a county legislative authority; one pathologist who is currently in private practice; and two members of a city legislative authority.
     The governor shall appoint members to the council from among the nominees submitted for each position as follows: The Washington association of county officials shall submit two nominees each for the coroner position and the medical examiner position; the Washington state association of counties shall submit two nominees each for the two county legislative authority positions; the association of Washington cities shall submit two nominees each for the two city legislative authority positions; the Washington association of prosecuting attorneys shall submit two nominees each for the county prosecutor-ex officio county coroner and for the county prosecutor position; the Washington association of sheriffs and police chiefs shall submit two nominees each for the county sheriff position and the chief of police position; and the Washington association of pathologists shall submit two nominees for the private pathologist position.
     When appointing members to the council who represent cities or counties, the governor shall ensure, whenever practicable, that cities and counties that have higher numbers of death investigations have a proportionally higher number of positions on the council as compared to cities and counties that have lower numbers of death investigations.

NEW SECTION.  Sec. 4   Section 1 of this act takes effect July 1, 2010.