RSA 611-B:11 · Oath; Duty to Investigate in Medico-Legal Case

611-B:11 Oath; Duty to Investigate in Medico-Legal Case. –

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I.

Each medical examiner shall, before entering upon the duties of the office, take an oath of office.

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II.

A medical examiner shall make investigations in medico-legal cases. A medico-legal case exists when death is pronounced or remains are found indicating that a human has died and that death is known or suspected to have resulted from:

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(a)

Any death known or suspected to have occurred during or as a result of any criminal act regardless of the time interval between incident and death and regardless of whether criminal violence appears to have been the immediate cause of death or a contributory factor thereto.

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(b)

Any death by suicide regardless of the time interval between the incident and death.

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(c)

Any death due to accidental or unintentional injury regardless of the time interval between the incident and death and regardless of whether such injury appears to have been the immediate cause of death or a contributory factor thereto.

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(d)

Deaths associated with fire or explosion.

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(e)

Deaths associated with firearms or other mortal weapons.

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(f)

Any death which occurs in or associated with any public or private conveyance, including but not limited to any motor vehicle, recreational vehicle, bicycle, aircraft, watercraft, motorcycle, bus, train, or the like.

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(g)

Abortion or the complications thereof if the abortion was known or suspected to have been performed by an unlicensed practitioner.

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(h)

Poison, illicit drug use, or an overdose of any drug or medication.

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(i)

Disease, injury, or exposure to a toxic agent resulting from or occurring during the course of employment.

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(j)

Disease or agent which constitutes a public health hazard or environmental hazard.

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(k)

Sudden unexpected death when in apparent good health of a person under the age of 60 years.

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(l)

Death of a person whose medical care has not been regularly followed by a physician.

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(m)

Death occurring in legal custody, including any death that occurs in any prison or penal institution.

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(n)

Death associated with diagnostic or therapeutic procedures, including intraoperative and perioperative deaths.

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(o)

Death in which a body is to be cremated in the state of New Hampshire or buried at sea regardless of the jurisdiction in which the death occurred.

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(p)

Death occurring less than 24 hours after admission to a health care facility or hospital, except when the decedent was known to have been terminally ill from natural disease and the death is imminent and expected.

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(q)

Death of a child under the age of 18 years unless the child is known to be terminally ill from natural disease or congenital anomaly and the death is expected.

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(r)

The death of any child from any cause when such death occurs at a day care facility, or when the child is in foster care, or when the child is in the custody of or being investigated by the department of health and human services.

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(s)

Fetal deaths that result from intrauterine trauma when the fetus has attained 20 weeks gestation or 350 grams weight.

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(t)

Death known to have been improperly certified, including but not limited to any remains brought into the state of New Hampshire without proper certification.

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(u)

Death of any unidentified person regardless of cause and manner.

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(v)

Discovery of buried remains which are known or thought to be human and which are uncovered other than by an exhumation order.

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(w)

The discovery of decomposed remains, including partially or completely skeletonized remains.

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(x)

Suspicious or unusual circumstances surrounding a presumed natural death. Source. 2007, 324:1, eff. Sept. 14, 2007.

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