Chapter 2 - MEDICAL EXAMINER

Section 17-201.

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

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

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

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.

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

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

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

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.