Session Law

Identifying Information:L. 2002 ch. 119
Other Identifying Information:2002 House Bill 2666
Tax Type:Other
Brief Description:An Act concerning autopsies; relating to payment; amending K.S.A. 22a-242 and 22a-245 and K.S.A. 2001 Supp. 65-2418 and repealing the existing sections; also repealing K.S.A. 2001 Supp. 65-2418a.
Keywords:


Body:

CHAPTER 119

HOUSE BILL No. 2666


An Act concerning autopsies; relating to payment; amending K.S.A. 22a-242 and 22a-245

and K.S.A. 2001 Supp. 65-2418 and repealing the existing sections; also repealing K.S.A.


2001 Supp. 65-2418a.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 22a-242 is hereby amended to read as follows: 22a-

242. (a) When a child dies, any law enforcement officer, health care pro-

vider or other person having knowledge of the death shall immediately

notify the coroner of the known facts concerning the time, place, manner

and circumstances of the death. If the notice to the coroner identifies any

suspicious circumstances or unknown cause, as described in the protocol

developed by the state review board under K.S.A. 22a-243 and amend-

ments thereto, the coroner shall immediately: (1) Investigate the death

to determine whether the child's death included any such suspicious cir-

cumstance or unknown cause; and (2) direct a pathologist to perform an

autopsy.

(b) If, after investigation and an autopsy, the coroner determines that

the death of a child does not include any suspicious circumstances or

unknown cause, as described in the protocol developed by the state re-

view board under K.S.A. 22a-243 and amendments thereto, the coroner

shall complete and sign a nonsuspicious child death form.

(c) If, after investigation and an autopsy, the coroner determines that

the death of a child includes any suspicious circumstance or unknown

cause, as described in the protocol developed by the state review board

under K.S.A. 22a-243 and amendments thereto, the coroner shall notify,

within 30 days, the chairperson of the state review board and shall notify,

within 24 hours, the county or district attorney of the county where the

death of the child occurred.

(d) The coroner shall attempt to notify any parent or legal guardian

of the deceased child prior to the performance of an autopsy pursuant to

this section and attempt to notify any such parent or legal guardian of the

results of the autopsy.

(e) A coroner shall not make a determination that the death of a child

less than one year of age was caused by sudden infant death syndrome

unless an autopsy is performed.

(f) The fee for an autopsy performed under this section shall be the

usual and reasonable fee and travel allowance authorized under K.S.A.

22a-233 and amendments thereto and shall be paid from moneys available

therefor from appropriations to the department of health and environ-

ment. The reasonableness of all claims for payment of a fee for an autopsy

under this section shall be determined by the secretary of health and

environment and shall be paid from the district coroners fund.

Sec. 2. K.S.A. 22a-245 is hereby amended to read as follows: 22a-

245. (a) There is hereby established in the state treasury the district cor-

oners fund.

(b) Moneys in the district coroners fund after the payment of fees for

autopsies under subsection (f) of K.S.A. 22a-242 and amendments thereto

shall be allocated and distributed to each county on March 15 of each

year based on the number of recorded deaths in the county during the

previous calendar year as a ratio of the total number of deaths in this

state during the previous calendar year. Such distributions shall be cred-

ited to the county general fund to assist in paying for the district coroner's

expenses pursuant to chapter 2 of article 22a of the Kansas Statutes An-

notated, and amendments thereto. Moneys in the district coroners fund

shall not be expended allocated and distributed to the county general

fund until such time as all outstanding death certificates for the previous

calendar year are filed with the state registrar and such certificate contains

certificates contain the final cause of death.

(c) Payments Distributions to counties under this act and payments

of fees for autopsies under subsection (f) of K.S.A. 22a-242 and amend-

ments thereto from this fund shall be made upon warrants of the director

of accounts and reports issued pursuant to vouchers approved by the

secretary of health and environment or by a person or persons designated

by the secretary of health and environment.

Sec. 3. K.S.A. 2001 Supp. 65-2418 is hereby amended to read as

follows: 65-2418. (a) Except as otherwise provided in this section, the

secretary shall fix and charge the fees, if any, to be paid for certified copies

of certificates or for search of the files or records when no certified copy

is made. Fees for certified copies of certificates shall be fixed by rules

and regulations of the secretary except that the fee for the first copy of a

birth or death certificate shall include a $3 surcharge and the fee for each

additional copy of the same birth or death certificate requested at the

same time shall include a $1 surcharge, and the fee for the first copy of

a death certificate shall include a $4 surcharge and the fee for each ad-

ditional copy of the same death certificate requested at the same time shall

include a $2 surcharge. The secretary shall not charge any fee for a cer-

tified copy of a certificate or for a search of the files or records if the

certificate or search is requested by a person who exhibits correspondence

from the United States veterans administration or the Kansas commission

on veterans' affairs which indicates that the person is applying for benefits

from the United States veterans administration and that such person

needs the requested information to obtain such benefits, except that, for

a second or subsequent certified copy of a certificate or search of the files

requested by the person, the usual fee shall be charged. The secretary

may provide by rules and regulations for exemptions from such fees.

(b) Subject to K.S.A. 65-2420, and amendments thereto, the national

office of vital statistics may be furnished copies or data it requires for

national statistics. The state shall be reimbursed for the cost of furnishing

the data. The data shall not be used for other than statistical purposes by

the national office of vital statistics unless so authorized by the state reg-

istrar of vital statistics.

(c) (1) The secretary shall remit all moneys received by or for the

secretary from fees, charges or penalties to the state treasurer in accord-

ance with the provisions of K.S.A. 75-4215, and amendments thereto.

Upon receipt of each such remittance, other than remittances for fees

for birth certificates, the state treasurer shall deposit the entire amount

in the state treasury to the credit of the state general fund.

(2) Upon receipt of any such remittance of a fee for a birth certificate,

$3 of each such fee for the first copy of a birth certificate and $1 of each

such fee for each additional copy of the same birth certificate requested

at the same time shall be remitted to the state treasurer in accordance

with the provisions of K.S.A. 75-4215, and amendments thereto. Upon

receipt of each such remittance, the state treasurer shall deposit the entire

amount in the state treasury to the credit of the permanent families ac-

count of the family and children investment fund created by K.S.A. 38-

1808, and amendments thereto. Upon receipt of any such remittance of

a fee for a death certificate, $3 $4 of each such fee for the first copy of a

death certificate and $1 $2 of each such fee for each additional copy of

the same death certificate requested at the same time shall be remitted

to the state treasurer in accordance with the provisions of K.S.A. 75-4215,

and amendments thereto. Upon receipt of each such remittance, the state

treasurer shall deposit the entire amount in the state treasury to the credit

of the district coroners fund created by K.S.A. 22a-245, and amendments

thereto. The balance of the money received for a fee for a birth certificate

shall be remitted to the state treasurer in accordance with the provisions

of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such

remittance, the state treasurer shall deposit the entire amount in the state

treasury to the credit of the state general fund.

(d) Upon receipt of any fee for a certified copy of a birth, death, fetal

death, marriage or divorce certificate, $1 of each such fee shall be remitted

to the state treasurer who shall deposit the entire amount of each such

remittance in the state treasury and credit it to the vital statistics main-

tenance fee fund created by K.S.A. 2001 Supp. 65-2814b, and amend-

ments thereto. For the purposes of the vital statistics maintenance fee

fund, the secretary of health and environment shall adopt rules and reg-

ulations providing for an increase of $1 in fees charged by the state trea-

surer for providing a certified copy of a birth, death, fetal death, marriage

or divorce certificate.

Sec. 4. K.S.A. 22a-242 and 22a-245 and K.S.A. 2001 Supp. 65-2418

and 65-2418a are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 16, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002