22a-233. Autopsy, when; fees and travel allowances; specimens; record and report to coroner and clerk of the district court; exhumation and autopsy.
22a-233
22a-233. Autopsy, when; fees and travel allowances; specimens;record and report to coroner and clerk of thedistrict court; exhumation and autopsy.(a) If, in the opinion of the coroner, an autopsy should beperformed,or if an autopsy is requested in writing by the county or district attorney orif the autopsy is required underK.S.A. 22a-242, and amendments thereto, suchautopsy shall be performed by a qualified pathologist as may be designated bythe coroner. A pathologist performing an autopsy, at the request of a coroner,shall be paid a usual and reasonable fee to be allowed by the board of countycommissionersand shall be allowed and paid the travel allowance prescribed forcoroners and deputy coroners in accordance with the provisions of K.S.A.22a-228, and amendments thereto, the same to be paid by the board of countycommissioners of the county in which the cause of deathoccurred except thatautopsies performed under K.S.A. 22a-242, and amendmentsthereto,shall be paidfor in accordance with K.S.A. 22a-242, and amendments thereto.
(b) If, in the opinion of the secretary of corrections, warden oradministrator of a correctionalfacility, jail or other institution for the detention of persons accused orconvicted of crimes, an autopsy of a person who died while in the custody ofsuch official should be performed, such autopsy shall be performed bya qualified pathologist as may be designated by the secretary of corrections,warden or administrator. Apathologist performing an autopsypursuant to this subsection shall be paid afee and travel allowance in the same amount as authorized by K.S.A. 22a-228,and amendments thereto. Such fee and travel allowance shallbe paid by thecorrectionalfacility, jail or other facility where the death occurredfrom moneys available therefor.For the purposes of this subsection,custody does not include general supervision of a person on probation, parole,postrelease supervision or constraint incidental to release on bail.This subsection shall not limitthe authority of a coroner pursuant to subsection (a).
(c) The pathologist performing the autopsy shall remove andretain, for aperiod of three years, such specimens as appear to be necessary in thedetermination of the cause of death.
(d) A full record and report of the facts developed by theautopsy andfindings of the pathologist performing such autopsy shall be promptly made andfiled with the coroner and with the clerk of the district court of the countyin which decedent died. If, in any case in which this act requires that thecoroner be notified, the body is buried without the permission of the coroner,it shall be the duty of the coroner, upon being advised of such fact, to notifythe county or district attorney, who shall communicate the same to a districtjudge, and such judge may order that the body be exhumed and an autopsyperformed.
History: L. 1963, ch. 166, § 9;L. 1965, ch. 164, § 13;L. 1967, ch. 135, § 1;L. 1975, ch. 158, § 2;L. 1976, ch. 124, § 2;L. 1977, ch. 109, § 13;L. 1978, ch. 91, § 1;L. 1988, ch. 103, § 3;L. 1991, ch. 95, § 1;L. 1992, ch. 312, § 36;L. 1993, ch. 214, § 8;L. 2000, ch. 122, § 1; July 1.