Oklahoma § 63-942 - Report of findings

§ 63-942. Report of findings

A. 1. Upon completion of an investigation, the medical

examiner shall reduce his or her findings to writing upon the form

supplied to the medical examiner which shall be promptly sent to the

Chief Medical Examiner by mail.

2. If the medical examiner finds that the deceased had illicit,

prescription or nonprescription drugs in his or her system at the

time of death, the medical examiner shall document in his or her

findings if the death was:

a.

a natural or accidental death with drug involvement,

b.

a homicide by drugs,

c.

a suicide by drug overdose, or

d.

a death with drug involvement, but the manner of death

could not be determined.

3. A fatality shall not be considered a drug-related death

unless the medical examiner determines that the drug or drugs

present in the deceased materially contributed to the death.

B. Copies of reports shall be furnished by the Chief Medical

Examiner to investigating agencies having official interest therein.

Copies of reports shall also be furnished to the spouse of the

deceased or any person within one degree of consanguinity of the

deceased upon request and within five (5) business days of the

Oklahoma Statutes - Title 63. Public Health and Safety

request once the cause and manner of death have been determined and

the death certificate has been issued.

Added by Laws 1961, p. 606, § 12, eff. Jan. 2, 1962. Amended by

Laws 1963, c. 302, § 3, emerg. eff. June 19, 1963; Laws 1972, c.

246, § 11, emerg. eff. April 7, 1972; Laws 2011, c. 344, § 2, eff.

Nov. 1, 2011; Laws 2014, c. 293, § 11, eff. Nov. 1, 2014.

§63-942a. Appeal of medical examiner's findings.

A. The next of kin of the deceased may appeal the findings of

the medical examiner to the district court of Oklahoma County under

a petition for judicial review within two (2) years from the

completion of the report. Such appeal shall be made in writing,

shall state the nature and reasons for the appeal, and shall be

supported by affidavit. The burden of proof shall be on the

petitioner to establish by a preponderance of the evidence that the

death certificate is in error. The petitioner shall notify the

Office of the Chief Medical Examiner in writing upon filing the

petition for judicial review. No jury shall be impaneled and no

monetary damages shall be awarded under a cause of action filed

pursuant to this subsection.

B. The court shall conduct an evidentiary hearing. Should the

court find that the findings of the medical examiner are erroneous,

the court shall immediately order the Chief Medical Examiner to

correct the report and transmit the appropriate paperwork to the

State Department of Health for the correction of the death

certificate.

Added by Laws 2011, c. 344, § 3, eff. Nov. 1, 2011. Amended by Laws

2014, c. 293, § 12, eff. Nov. 1, 2014.