Section 17-201.
§ 17-201. Report of deaths; removal of body. It shall be the duty of
any citizen who becomes aware of the death of any person, occurring
under the circumstances described in paragraph one of subdivision (f) of
section five hundred fifty-seven of the charter, to report such death
forthwith to the office of the chief medical examiner, and to a police
officer who shall forthwith notify the officer in charge of the
station-house in the police precinct in which such person died. Any
person who shall wilfully neglect or refuse to report such death or who
without written order from a medical examiner shall wilfully touch,
remove or disturb the body of any such person, or wilfully touch, remove
or disturb the clothing or any article upon or near such body, shall be
guilty of a misdemeanor.
Section 17-202
§ 17-202 Procedure in deaths reportable to the office of chief medical
examiner. a. Upon any such death, the officer in charge of the
station-house in the police precinct in which such person died shall
immediately notify the office of chief medical examiner of the known
facts concerning the time, place, manner and circumstances of such
death. Immediately upon receipt of such notification the chief medical
examiner, or a deputy chief medical examiner, or a medical examiner, or
a medical investigator, or a lay medical investigator shall go to and
take charge of the dead body. Such medical examiner, medical
investigator or lay medical investigator shall fully investigate the
essential facts concerning the circumstances of the death, taking the
names and addresses of as many witnesses thereto as it may be
practicable to obtain, and shall record all such facts and file the same
in the office of chief medical examiner. Such medical examiner, medical
investigator or lay medical investigator shall take possession of any
portable objects which, in his or her opinion, may be useful in
establishing the cause of death, and except as provided in subdivision c
hereof, shall deliver them to the police department.
b. The police officer detailed in such cases shall, in the absence of
next of kin of the deceased person, take possession of all property of
value found on such person, make an exact inventory thereof on his or
her report, and deliver such property to the police department, which
shall surrender the same to the person entitled to its custody or
possession.
c. Notwithstanding the provisions of subdivisions a and b of this
section, any suicide note or other written evidence of suicide found on
such deceased person shall be delivered to the chief medical examiner
and shall be retained by said medical examiner.
d. Nothing in this section contained shall affect the powers and
duties of a public administrator.
Section 17-203
§ 17-203 Autopsies; findings. If it may be concluded with reasonable
certainty that death occurred from natural causes or obvious traumatic
injury, and there are no other circumstances which would appear to
require an autopsy, the chief medical examiner, deputy chief medical
examiner or medical examiner or medical investigator in charge shall
certify the cause of death and file a report of his or her findings in
the office of chief medical examiner. If, however, in the opinion of a
medical examiner, an autopsy is necessary, the same shall be performed
by a medical examiner. Where indicated, the autopsy shall include
toxicologic, histologic, microbiologic and serologic examinations. A
detailed description of the findings of all autopsies shall be written
or dictated. The findings of the investigation at the scene of death,
the autopsy and any toxicologic, histologic, serologic and microbiologic
examinations, and the conclusions drawn therefrom shall be filed in the
office of chief medical examiner. Such findings and conclusions shall be
signed by the medical examiner performing the autopsy.
Section 17-204
§ 17-204 Cremation. Whenever an application is made pursuant to law
for a permit to cremate the body of any person, the department, board or
office in which such application is filed shall forward such application
to the chief medical examiner who shall thereupon cause an investigation
and report to be made thereon. In the event that the chief medical
examiner, or a deputy chief medical examiner, or a medical examiner
shall, in the course of such investigation, determine that reasonable
grounds exist therefor, an autopsy shall be performed upon such body by
a medical examiner. Where indicated, the autopsy shall include
toxicologic, histologic, microbiologic and serologic examinations. A
detailed description of the findings of all autopsies shall be written
or dictated. The findings of the investigation, the autopsy and any
toxicologic, histologic, serologic and microbiologic examinations, and
the conclusions drawn therefrom shall be filed in the office of chief
medical examiner. Such findings and conclusions shall be signed by the
medical examiners performing the autopsy.
Section 17-205.
§ 17-205. Records. Records shall be kept in the office of the chief
medical examiner, properly indexed, stating the name, if known, of every
person dying under the circumstances described in paragraph one of
subdivision (f) of section five hundred fifty-seven of the charter, the
place where the body was found and the date of death. To the record of
each case shall be attached the original report of the medical examiner
and the detailed findings of the autopsy, if any. The appropriate
district attorney and the police commissioner of the city may require
from the chief medical examiner such further records, and such daily
information, as they may deem necessary.
Section 17-206
§ 17-206 Fees for copies of records. a. Whenever the chief medical
examiner shall furnish to any private individual a copy or transcript of
any record or any photograph or photostat of such record, such chief
medical examiner shall and is hereby authorized to charge as follows:
1. For each copy or photostat of medical examiner's report on cause of
death ..................... five dollars per page
2. For each copy or photostat of hospital report ... five dollars per
page
3. For each copy or photostat of autopsy report .... five dollars per
page
4. For each copy or photostat of toxicological chemical laboratory
report .......................................... five dollars per page
5. For each copy or photostat of identification form
........................................... five dollars per page
6. For each copy or photostat of serological and/or bacteriological
report .......................... five dollars per page
7. For each copy or photostat of notice of death slip
............................................ five dollars per page.
It is provided that the charge for any single request for documents of a
single case shall not exceed fifty dollars.
b. The chief medical examiner shall waive such fee or any portion
thereof when furnishing such copies to indigent next of kin.
c. The chief medical examiner, in his or her discretion, shall have
the power to waive such fee or any portion thereof when furnishing such
copies to those engaged in scientific or other research.
Section 17-207
* § 17-207 Root cause analysis, office of chief medical examiner. a.
For purposes of this subdivision, the following terms shall have the
following meanings:
1. "Designated root cause analysis officer" shall mean an employee of
the office of chief medical examiner who is responsible for determining
whether a significant event has occurred within the office of chief
medical examiner and, if such significant event has occurred, for
convening the root cause analysis committee.
2. "Root cause analysis" shall mean a process for investigating the
causal factors of a significant event that shall focus primarily on
systems and processes, not on individual performance or human error, and
shall identify appropriate corrective action, including strategies to
prevent the reoccurrence of a significant event or potential
improvements in systems or processes that will decrease the likelihood
of a significant event occurring in the future.
3. "Root cause analysis committee" shall mean a committee composed of
representatives of certain divisions of the office of chief medical
examiner appointed by the designated root cause analysis officer and
assembled in response to a significant event in order to conduct a root
cause analysis and to produce a root cause analysis committee report
pursuant to this section.
4. "Root cause analysis committee report" shall mean a final report
issued by the root cause analysis committee that shall include the
findings of the root cause analysis committee, including, but not
limited to, the identification of the root cause or causes of the
significant event and a corrective action plan.
5. "Significant event" shall mean an occurrence in the office of chief
medical examiner involving a significant likelihood of an act, error or
omission that affects the accuracy, reliability or integrity of the
reported results of evidence examination or reported results of
analysis. Such act, error or omission shall include, but not be limited
to, any (i) act or acts by an employee of the office of chief medical
examiner involving intentional fabrication of work product, evidence
examination, analysis or test results; (ii) significant error or errors
by an employee of the office of chief medical examiner, or deficiency in
a system or procedure used by such office, that may have affected the
accuracy of reported results of evidence examination or the accuracy of
the reported results of analysis in one or more cases; (iii) failure by
an employee of the office of chief medical examiner to follow such
office's protocol that may have affected the accuracy of reported
results of evidence examination or the accuracy of the reported results
of analysis in one or more cases; or (iv) statement in the course of
testimony by an employee of the office of chief medical examiner that
significantly misrepresents or misstates her or his education,
experience, training or qualifications, or the reported results of any
evidence examination or analysis.
b. The office of chief medical examiner shall appoint an employee of
the office of chief medical examiner who shall serve as the designated
root cause analysis officer.
c. The office of chief medical examiner shall develop and post on its
website root cause analysis guidelines to assist in the implementation
of this section. Such guidelines shall provide guidance for:
1. determining whether a significant event has occurred, consistent
with this section;
2. reporting a significant event;
3. creating a root cause analysis committee upon a determination of
the root cause analysis officer that a significant event has occurred;
4. selecting individuals who shall serve as members of a root cause
analysis committee;
5. determining the roles and responsibilities of members of a root
cause analysis committee;
6. determining when and how frequently a root cause analysis committee
shall meet once a committee has been assembled in response to a
significant event;
7. producing a root cause analysis committee report in a timely
manner;
8. identifying causal factors of a significant event;
9. identifying corrective action to be taken as a result of the root
cause analysis; and
10. (i) recusing the designated root cause analysis officer in the
event that the occurrence at issue is likely to involve acts or
omissions by such officer, either acting in the capacity of the
designated root cause analysis officer or any other capacity within the
office of chief medical examiner, or in any other appropriate instance
as specified in the guidelines; (ii) appointing an employee of the
office of chief medical examiner to serve as the acting designated root
cause analysis officer in the event of such recusal to fulfill the
duties of the designated root cause analysis officer pursuant to
subdivisions d, e and f of this section, provided that the occurrence at
issue is not likely to involve acts or omissions by such individual
appointed to serve as acting designated root cause analysis officer; and
(iii) requiring a decision not to recuse the designated root cause
analysis officer to be reviewed by the executive management of the
office of chief medical examiner, such as a director or deputy
commissioner.
d. Within ten days of the discovery of an occurrence in the office of
chief medical examiner involving the substantial likelihood of an act,
error or omission that affects the accuracy, reliability and integrity
of the reported results of evidence examination or reported results of
analysis, or receipt of a report that a significant event has occurred
in the office of chief medical examiner, the designated root cause
analysis officer shall make a formal determination whether a significant
event has occurred. In the event that the designated root cause analysis
officer makes a determination that a significant event has not occurred,
such officer shall provide written explanation to the chief medical
examiner explaining why such occurrence does not constitute a
significant event.
e. Within five business days of a formal determination by the
designated root cause analysis officer that a significant event has
occurred within the office of chief medical examiner as provided in
subdivision d of this section, such officer shall appoint a root cause
analysis committee for the purpose of conducting a root cause analysis
and producing a root cause analysis committee report. Such committee
shall include at least six members, provided that:
(1) one member is the designated root cause analysis officer;
(2) at least one member is knowledgeable in the subject area relating
to the significant event and is a lab worker or other employee who
performs scientific or technical services and works in a non-managerial
capacity;
(3) one member serves in the executive management of the office of
chief medical examiner, such as a director or deputy commissioner;
(4) two members are from divisions, departments or laboratories of the
office of chief medical examiner that are not implicated by the
significant event, and at least one of the two members works in a
non-managerial capacity; and
(5) one member is an external expert who works in a medical or
scientific research field. Such member may serve without compensation.
For the purpose of executing paragraph 5 of this subdivision, the
office of chief medical examiner shall develop and maintain a list of
external experts who may serve as an external expert on a root cause
analysis committee if called upon to serve in such capacity.
f. 1. Within thirty days of a determination of the designated root
cause analysis officer that a significant event has occurred within the
office of chief medical examiner, the office of chief medical examiner
shall report the occurrence of such significant event to the mayor and
the council of the city of New York, and to any district attorney and
defense counsel of record that can be identified and who has a case or
client that can reasonably be found to be affected by the significant
event. In the event that the defense counsel of record works in the
office of an institutional defender, notice shall also be given to the
head of such office. In the event that defense counsel of record is
assigned from the 18b panel of either the first or second department in
the city of New York, notice shall also be given to the administrator of
the 18b panel of the assigning department.
2. The root cause analysis committee shall submit a root cause
analysis committee report no later then ninety days following the
appointment of such committee, provided, however, that should it not be
practicable to complete such report within ninety days, the committee
shall report in writing to the mayor and council of the city of New York
on the progress of the committee's findings and set forth a statement
why such report is not yet completed and when completion is anticipated.
3. Within seven days of submission of a root cause analysis report to
the mayor and council of the city of New York, the office of chief
medical examiner shall send a copy of the root cause analysis report at
a minimum to (i) the New York state commission on forensic science and
any entity responsible for the accreditation of the department of
forensic biology of the office of chief medical examiner, provided that
the significant event that is the subject of such report is relevant to
the department of forensic biology of the office of chief medical
examiner, and (ii) to district attorney and defense counsel of record
that can be identified and who has a case or client that can reasonably
be found to be affected by the significant event. In the event that the
defense counsel of record works in the office of an institutional
defender, notice shall also be given to the head of such office. In the
event that defense counsel of record is assigned from the 18b panel of
either the first or second department in the city of New York, notice
shall also be given to the administrator of the 18b panel of the
assigning department.
g. The root cause analysis report produced pursuant to subdivision f
of this section shall not include the names of, or otherwise identify:
(1) any employee of the office of chief medical examiner;
(2) any complainant, victim or decedent; or
(3) any other individual who is the subject of investigations
associated with forensic casework performed by the office of chief
medical examiner.
h. This section shall not be construed to create a private right of
action to enforce any of its provisions.
* NB Effective April 9, 2014
Section 17-208
§ 17-208 Transparency, office of chief medical examiner. a. For the
purpose of this section, the following terms shall have the following
meanings:
1. "Forensic DNA laboratory" shall have the same meaning as set forth
in subdivision two of section nine hundred ninety-five of article
forty-nine-b of the New York state executive law, or any successor
provision thereto.
2. "Proficiency test" shall mean such testing as is required by the
New York state commission on forensic science and the New York state
subcommittee on forensic DNA laboratories and forensic DNA testing
pursuant to paragraph b of subdivision three of section nine hundred
ninety-five-b of article forty-nine-b of the New York state executive
law, or any successor provision thereto.
3. "Proficiency testing report" shall mean an annual report produced
by the office of chief medical examiner which reports the number of
employees working in the department of forensic biology of the office of
chief medical examiner who have taken a proficiency test that year, and
the percentage and number of those employees who passed such proficiency
test.
b. The office of chief medical examiner shall annually prepare a
proficiency testing report and shall include comparison data for each of
the previous five years as available. The proficiency testing report
shall not include the names of, or otherwise identify, any employee of
the department of forensic biology of the office of chief medical
examiner.
c. To the extent the office of chief medical examiner is authorized to
publish such materials, the office of chief medical examiner shall post
prominently and maintain on its website the following concerning the
department of forensic biology of the office of chief medical examiner:
1. current copies, and copies used within the preceding two years, of
all manuals, guidelines, or other documents relating to scientific
procedures or protocols, quality assurance and quality control
procedures or protocols, materials used for the training of lab workers,
and evidence and case management procedures, including, but not limited
to, accreditation standards and accreditation audit reports;
2. the most recent annual proficiency testing report; and
3. current copies of all certificates of accreditation issued to the
department of forensic biology of the office of chief medical examiner,
whether by a governmental entity or a non-governmental entity
responsible for the accreditation of the department of forensic biology
of the office of chief medical examiner.
d. Historic copies of any manual, guidelines, or other document
identified in paragraph one of subdivision c of this section used on or
after January first, two thousand and not fully available on the website
of the office of chief medical examiner shall be made available to any
person upon request, and a notice describing such availability and how
to make such a request shall be posted on the office's website.
e. This section shall not be construed to create a private right of
action to enforce any of its provisions.