HP1197
LD 1717
Session - 128th Maine Legislature
 
LR 2760
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Clarify the Authority of the Chief Medical Examiner To Properly Dispose of Abandoned Human Remains

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §3028-A,  as enacted by PL 1985, c. 611, §8, is amended to read:

§ 3028-A. Disposal of unidentified remains and abandoned human remains

Whenever unidentified human skeletal remains are recovered, the Chief Medical Examiner may store the remains, release them to an educational institution, inter them in an appropriate resting place or have them cremated. Ashes of remains cremated may be disposed of in any appropriate manner. Human skeletal remains uncovered in a cared-for cemetery or known to be Indian remains are excluded from the operation of this section.

The Chief Medical Examiner may assume responsibility for the disposal of human remains that are the subject of a medical examiner case if no one takes custody and control of the human remains for a period of 30 days after the Chief Medical Examiner has both completed an autopsy or necessary examination of the human remains and made reasonable inquiry under section 3028. The Chief Medical Examiner shall file or cause to be filed a certificate of abandonment in the municipality where the human remains were recovered that indicates the means of disposal.

Payment of expenses incurred by the Chief Medical Examiner pursuant to this section must be made pursuant to section 3028-D, subsection 2.

Sec. 2. 22 MRSA §3035, sub-§1, ¶B,  as amended by PL 2017, c. 284, Pt. FFF, §1, is further amended to read:

B. For histological slides, the fees are as follows:

(1) For each slide, $12.50;

(2) A handling fee per case, $25; and

(3) For 21 slides or more, an additional handling fee, $25; and

Sec. 3. 22 MRSA §3035, sub-§1, ¶C,  as corrected by RR 2015, c. 2, §11, is further amended to read:

C. For other items and services such as photographs and transparencies, additional tests relating to toxicology or specimens and videotaping:

(1) A handling fee per case, $20; and

(2) Anticipated costs of providing the item or service, including shipping charges . ; and

Sec. 4. 22 MRSA §3035, sub-§1, ¶D  is enacted to read:

D For forensic preservation of body fragments and body fluids beyond the period established by the policy of the Office of Chief Medical Examiner, a fee not to exceed $100 per year, per case.

SUMMARY

This bill authorizes the Chief Medical Examiner to assume responsibility for the disposal of abandoned human remains that are the subject of a medical examiner case if no one takes custody and control of them 30 days after an autopsy or necessary examination has taken place. It also directs the Office of Chief Medical Examiner to charge $100 per year, per case for forensic preservation of body fragments and fluids.


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