Oklahoma § 63-941 - Investigation by medical examiner

§ 63-941. Investigation by medical examiner

A. Upon receipt of notice of death of any person which under

Section 931 et seq. of this title is subject to investigation, a

representative death investigator from the Office of the Chief

Medical Examiner shall immediately initiate an investigation and

shall document in detail, by the end of his or her assigned shift,

all the known and available facts of the death scene in the

electronic database of the Chief Medical Examiner. Decedent

specimens, evidence, and photographs shall be sent to the Office of

Oklahoma Statutes - Title 63. Public Health and Safety

the Chief Medical Examiner. The investigating official of the

Office of the Chief Medical Examiner may take charge of any object

or writing found on or near the body which is deemed necessary for

the purpose of establishing the cause and/or manner of death.

B. Upon conclusion of the investigation and determination that

such objects or writings are no longer needed as evidence, the

medical examiner or the medical examiner’s designee may deliver them

to the district attorney, law enforcement agency, or family for

disposition.

C. The investigating medical examiner or the medical examiner’s

designee shall have access at all times to any and all medical and

dental records and history of the deceased including, but not

limited to, radiographs and medical records in the course of his or

her official investigation to determine the cause and manner of

death. Such records may not be released to any other person by the

medical examiner, and the custodians of such records shall incur no

liability by reason of the release of such records to the medical

examiner.

D. 1. The body of the deceased shall be turned over to the

funeral director designated by the person responsible for burial

within twenty-four (24) hours of receipt of the decedent unless a

longer period is necessary to complete the required investigation.

2. The investigation shall be concluded and the case completed

within sixty (60) calendar days after the Office of the Chief

Medical Examiner assumes custody of the body, unless circumstances

exist that prevent adherence to this timeline.

Added by Laws 1961, p. 606, § 11, eff. Jan. 2, 1962. Amended by

Laws 1972, c. 246, § 10, emerg. eff. April 7, 1972; Laws 2014, c.

293, § 9, eff. Nov. 1, 2014; Laws 2015, c. 85, § 5, eff. Nov. 1,

2015; Laws 2024, c. 251, § 2, eff. Nov. 1, 2024.

§63-941a.

Custody of the body.

Upon completion of an investigation by the Office of the

Chief Medical Examiner, the body of the deceased shall be

released to the person legally entitled to the custody

thereof, or his or her representative, unless:

1. A release is signed by the person legally entitled to the

custody of the body; or

2. The attending physician has notified the Chief Medical

Examiner of the State of Oklahoma, or his or her designee, of the

need for further investigation into the cause of death, or has

notified the appropriate district attorney of such need; or

Oklahoma Statutes - Title 63. Public Health and Safety

3. The laws of this state or the regulations of the Board of

Medicolegal Investigations require additional information or

examination that cannot be obtained or completed within the above

period of time.

Added by Laws 1975, c. 174, § 1. Amended by Laws 2014, c. 293, §

10, eff. Nov. 1, 2014; Laws 2015, c. 85, § 6, eff. Nov. 1, 2015.

§63-941b.

Condition of the body.

When attending a patient at time of death, physicians

shall take care that the remains of the deceased are left in

such a state that will not hinder or unnecessarily

complicate the preparation for burial or other disposition,

provided that nothing herein shall interfere with or

restrict a physician's sworn duty to do all things

necessary to save the patient's life.

Added by Laws 1975, c. 174, § 2.

eff. Nov. 1, 2015.

Amended by Laws 2015, c. 85, § 7,