A449

An Act concerning autopsies or dissections and amending P.L.1983, c.535.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 5 of P.L.1983, c.535 (C.52:17B-88.5) is amended to read as follows:

5. Any action brought pursuant to the provisions of this act shall have preference over all other cases and shall be determined summarily upon the petition and oral or written proof, if any, offered by the parties, but no later than 24 hours after the petition or proof is offered by the parties. The court shall permit the autopsy or dissection to be performed if it finds that the medical examiner establish a compelling public necessity for the autopsy or dissection under all of the circumstances of the case or if the objecting party or party named by the court fails to swear or affirm that an autopsy or dissection would be contrary to the deceased's religious beliefs. If permission to perform an autopsy or dissection is denied and no stay is granted by the court or by the appellate division, the body shall immediately be released for burial.

(cf: P.L.1983, c.535, s.5)

2. Section 6 of P.L.1983, c.535 (C.52:17B-88.6) is amended to read as follows:

6. A dissection or autopsy performed pursuant to this act shall be the least intrusive procedure consistent with the compelling public necessity. The least intrusive procedure used during an autopsy shall consist of a virtual autopsy and shall be performed before any other procedure, including an internal examination of the body.

a. If a medical examiner does not have the equipment necessary to perform the virtual autopsy, the medical examiner shall make arrangements to transfer the body to a county where the virtual autopsy shall be performed in accordance with the provisions of this section.

b. If a medical examiner determines that the results of the virtual autopsy indicate that an internal examination of the body is necessary as part of the autopsy, such examination shall be performed in the least intrusive manner as possible.

c. If a body is transferred to another county for a virtual autopsy pursuant to subsection a. of this section, the county transferring the body shall reimburse the county performing the virtual autopsy for all costs incurred in the performance of the autopsy, except that:

(1) the deceased's immediate family or friend shall be responsible for the cost of transporting the body to the county performing the virtual autopsy; and

(2) the county transferring the body may charge the deceased's immediate family or friend for all costs incurred in the performance of the virtual autopsy.

As used in this section, "virtual autopsy" means the use of one or more modalities including, but not limited to, computerized tomography, magnetic resonance imaging, X-rays, and three-dimensional surface scanning technology, in the examination of a body during an autopsy.

(cf: P.L.1983, c.535, s.6)

3. This act shall take effect immediately.

STATEMENT

This bill amends section 5 of P.L.1983, c.535 (C.52:17B-88.5) to clarify that an action filed with the court by a State medical examiner for an order authorizing an autopsy or dissection over the religious objections of a decedent's immediate family would be determined no later than 24 hours after a petition or proof is offered by the parties.

Currently, any action filed by a medical examiner for an order authorizing an autopsy or dissection over a religious objection is determined summarily upon the petition or proof offered by the parties involved but the law does not establish a maximum specific timeframe for such determination.

The bill also amends section 6 of P.L.1983, c.535 (C.52:17B-88.6) to clarify that if there is a compelling public interest to perform an autopsy or dissections over the religious objections of the decedent's family, the least intrusive procedure would be used, which would consist of a virtual autopsy. The virtual autopsy would be performed before any other procedure, including an internal examination of the body.

If a medical examiner: does not have the equipment necessary to perform the virtual autopsy, arrangements would be made to transfer the body to a county where the virtual autopsy would be performed in accordance with the provisions of bill. If the medical examiner determines that the results of a virtual autopsy indicate that an internal examination is necessary, the examination would be performed in the least intrusive manner as possible.

If a body is transferred to another county for a virtual autopsy, the county transferring the body would reimburse the county performing the virtual autopsy for all costs incurred in performing the autopsy, except that the: deceased's immediate family or friend would be responsible for paying the cost of transporting the body to the county performing the virtual autopsy; and county transferring the body would be permitted to charge the deceased's immediate family or friend for all costs incurred in the performance of the autopsy.

As defined in the bill, "virtual autopsy" would mean the use of one or more modalities including, but not limited to, computerized tomography, magnetic resonance imaging, X-rays, and three-dimensional surface scanning technology, in the examination of a body during an autopsy.

Currently, the regulations governing objections to autopsies or dissections on religious grounds (N.J.A.C.13:49-1.6) allow the use of an internal examination and other less intrusive procedures to be performed during an autopsy. The regulations do not: require the least intrusive procedure to be performed before any other procedure during an autopsy; specify the use of virtual autopsies; or establish procedures for the transfer of a body from a county without the equipment to perform a virtual autopsy to a county that can perform such autopsies.

Certain religions view an internal examination as invasive and would object to its use during an autopsy. The purpose of the bill is to accommodate the religious beliefs of family members who object to an autopsy or dissection of a deceased family member.

It is the sponsor's intent to ensure that an action that is filed with the court by a medical examiner in relation to an autopsy or dissection would be decided by the court within 24 hours after the appropriate petitions or proof are offered, and, if an autopsy or dissection must be performed, the least intrusive procedure must include a virtual autopsy to guarantee proper burial of the body.