BILL REQ. #:  S-4139.1 

READ FIRST TIME 01/30/12.   

     AN ACT Relating to religious objection to autopsy; adding a new section to chapter 36.24 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that medical examiners often are called upon to balance the interests of respecting the decedent's religious beliefs against the potential need for conducting an autopsy. The legislature also finds that the balancing of interests often is achieved through consultation, compassion, and compromise. The legislature further finds, however, that in some cases these competing interests cannot be balanced through agreement, resulting in delay that serves no one's interests. The legislature, therefore, intends to define a clear process for resolving matters of religious beliefs and the conduct of autopsies in those cases where agreement is not reached through consultation, compassion, and compromise.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.24 RCW to read as follows:
     (1) Whenever a medical examiner or coroner believes an autopsy is appropriate, he or she shall make a reasonable effort to meet with the decedent's family member or friend, in accordance with frequently established practice, to attempt to reach agreement on:
     (a) Whether an autopsy will be conducted;
     (b) The degree of intrusiveness of the proposed autopsy; and
     (c) Whether and to what degree the autopsy will be governed by the religious beliefs or religious laws to which the decedent subscribed.
     (2) In the absence of a compelling public necessity, no dissection or autopsy shall be performed over the objection of a surviving relative or friend of the deceased that the procedure is contrary to the religious belief of the decedent or his or her family, or if there is otherwise reason to believe that a dissection or autopsy is contrary to the decedent's religious beliefs.
     (3) For the purposes of this section:
     (a) "Compelling public necessity" means:
     (i) That the autopsy is essential to the conduct of the criminal investigation of a homicide of which the decedent is the victim;
     (ii) That discovery of the cause of death is necessary to meet an immediate and substantial threat to the public health and that an autopsy is essential to ascertain the cause of death; or
     (iii) That the need for an autopsy is established in accordance with subsection (6) of this section.
     (b) "Friend" means any person who, prior to the decedent's death, maintained such regular contact with the decedent as to be familiar with his or her activities, health, and religious beliefs and who presents an affidavit stating the facts and circumstances upon which the claim that he or she is a friend is based, the religious affiliation of the decedent, if any, that the decedent had religious objections to an autopsy, the basis for such belief, and that he or she will assume responsibility for the lawful disposition of the body of the deceased.
     (c) "Relative" means the person most closely related to the decedent by consanguinity or affinity. In the event such person is unavailable, the objection may be raised on his or her behalf by the next most closely related person. The official who has authority to order an autopsy of the decedent's body may require a relative to present an affidavit stating his or her relationship to the decedent, the religious affiliation of the decedent, if any, that the decedent had religious objections to an autopsy, the basis for such belief, and that he or she will assume responsibility for the lawful disposition of the body of the deceased.
     (4) All autopsies performed pursuant to this section shall be the least intrusive procedure consistent with the compelling state interest.
     (5) No autopsy shall be performed over the objection of a surviving friend or relative that the autopsy is contrary to the religious beliefs of the deceased, or where there is otherwise reason to believe that an autopsy is contrary to the decedent's religious beliefs, until notice thereof is given to the friend or next of kin, or until forty-eight hours have elapsed, whichever is greater, to permit an objecting party to institute legal proceedings to determine the propriety of the autopsy.
     (6) Whenever any coroner or medical examiner deems it necessary to perform an autopsy over the objection of a surviving friend or relative that the autopsy is contrary to the religious beliefs of the deceased, or where there is otherwise reason to believe that an autopsy is contrary to the decedent's religious beliefs, in circumstances not provided for in subsection (3)(a)(i) and (ii) of this section, he or she may institute a special proceeding, without a fee, in the superior court of the county in which the autopsy is to be performed, for an order authorizing the autopsy. The special proceeding shall be determined summarily upon the petition and such oral or written proof as may be offered by the parties. The court shall require, to the greatest extent possible, in the order granting relief that the autopsy be performed in a manner that most complies with autopsy procedures consistent with the religious tradition of the decedent. The court shall grant the relief sought in the petition if it finds that the coroner or medical examiner has established a demonstrable need for the autopsy. Evidence that the objecting party may be a suspect in the homicide may be received ex parte. The court shall consider evidence as to whether the decedent held religious beliefs that would preclude or limit the scope or procedures used to conduct the autopsy. If the petition is denied, and no stay is granted by the court, the body shall immediately be released for burial to the surviving friend or relative.
     (7) A coroner shall not be liable for damages in a civil action for any act or omission taken in compliance with the provisions of this section.