Oklahoma § 63-944 - Autopsy - Public interest – Deceased children - Collection

§ 63-944. Autopsy - Public interest – Deceased children - Collection

of samples.

A. When necessary in connection with an investigation to

determine the cause and/or manner of death and when the public

interest requires it, the Chief Medical Examiner, his or her

designee or a district attorney shall require and authorize an

autopsy to be conducted. In determining whether the public interest

requires an autopsy the medical examiner or district attorney

involved shall take into account but shall not be bound by request

therefor from private persons or from other public officials.

B. Except as provided by subsections C and D of this section, a

parent of a deceased child is entitled to view and to hold the

child's body before the medical examiner for the county in which the

death occurred assumes custody of the body pursuant to Section 938

of this title. If the child's death occurred at a hospital or other

Oklahoma Statutes - Title 63. Public Health and Safety

health care facility, the viewing may be conducted at the hospital

or facility.

C. A parent of a deceased child may not view nor hold the

child's body after a medical examiner assumes custody of the body

pursuant to Section 941 of this title unless the parent first

obtains the consent of the district judge or medical examiner or a

person acting on behalf of the district judge or medical examiner.

D. A viewing or holding of the body of a deceased child whose

death is determined to be subject to an investigation under Section

938 of this title must be conducted in compliance with the following

conditions:

1. The viewing or holding must be supervised by:

a.

a peace officer or, with the officer's consent, a

person described by subparagraph b of this paragraph,

if law enforcement has assumed custody of the body at

the time of the viewing or holding, or

b.

a physician, registered nurse, licensed vocational

nurse, the medical examiner, or a person acting on

behalf of the medical examiner;

2. A parent of the deceased child may not have contact with the

child's body unless the parent first obtains the consent of the

medical examiner or his or her designee; and

3. A person may not remove a medical device from the child's

body or otherwise alter the condition of the body for purposes of

conducting the viewing or holding unless the person first obtains

the consent of the medical examiner or his or her designee.

E. The medical examiner or his or her designee may collect and

retain such blood, tissue, bone, fluid or body waste specimens as

are deemed necessary to carry out his or her duties as specified in

Section 931 et seq. of this title. No autopsy authorization shall

be required as a prerequisite to the collection of such specimens.

Added by Laws 1961, p. 606, § 14, eff. Jan. 2, 1962. Amended by

Laws 1965, c. 258, § 2, emerg. eff. June 21, 1965; Laws 1968, c.

182, § 1; Laws 1972, c. 246, § 13, emerg. eff. April 7, 1972; Laws

2014, c. 293, § 13, eff. Nov. 1, 2014; Laws 2015, c. 85, § 8, eff.

Nov. 1, 2015; Laws 2022, c. 35, § 1, eff. Nov. 1, 2022.