Request By:
Mr. Harold I. Corum
Oldham County Coroner
B-3 Washington Terrace
LaGrange, Kentucky 40031
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You present two questions relating to the law of coroners.
Under KRS 72.020, as amended in 1978, subsection (1) reads:
"(1) Any person, hospital or institution, finding or having possession of the body of any person slain, drowned or otherwise suddenly killed, or whose death occurred without the attendance of a physician thirty-six (36) hours prior to death, or whose death occurred under any of the circumstances defined as a coroner's case under KRS 72.405 shall immediately notify the coroner, or his deputy, or designee, and shall not remove nor permit the removal of the body nor anything therefrom until directed to do so by the coroner or his deputy or designee. " (Emphasis added).
Subsection (2) of KRS 72.020, as amended in 1978, provides in part that "the coroner, or his deputy or designee, shall take possession of any objects, medical specimens or articles which, in his opinion, may be helpful in establishing the cause of death, and he can make or cause to be made such tests and examinations of said objects as may be necessary or useful in determining the cause of death. " (Emphasis added).
However, S.B. 271 (1982 regular session) Section 2, amends KRS 72.020, in part by deleting the expression "or designee" .
Your question: Does this imply that we no longer have available the use of designees?
KRS 72.020, as amended by S.B. 271, now reads as to subsection (1):
"Any person, hospital or institution, finding or having possession of the body of any person whose death occurred under any of the circumstances defined in subsections (1) through (12) of KRS 72.025 shall immediately notify the coroner, or his deputy and a law enforcement agency, which shall report to the scene within a reasonable time. No person shall remove the body or remove anything from the body until directed to do so by the coroner or his deputy, after the law enforcement agency is present or has failed, within a reasonable period of time, to respond."
Subsection (2) of KRS 72.020, as amended by S.B. 271, reads in part:
"The coroner shall take possession of any objects, medical specimens or articles which, in his opinion, may be helpful in establishing the cause of death, . . ."
Thus under KRS 72.020, as amended by S.B. 271, a designee of the coroner is no longer authorized to receive notice of the finding of a body, etc. Further, under the statute as amended in 1982, no person shall remove the body or anything from the body until directed to do so by the coroner or his deputy, after the law enforcement agency is present or has failed, within a reasonable period of time, to respond. In addition, the coroner shall take possession of any objects, ect., which may be helpful in establishing the cause of death.
The use of a "designee" for any of the purposes previously described in KRS 72.020 is, as of July 15, 1982, no longer permitted. It is our opinion that a deputy coroner, where authorized by the coroner or in the coroner's absence, may collect medical specimens or articles which may, in his opinion, be helpful in establishing the cause of death. While the term "deputy" was deleted from KRS 72.020(2) by the 1982 amendment, KRS 72.405(3), under the 1982 amendment, remains intact as it read before the amendment. That subsection provides that an "inquest" is an examination ordered by the coroner, or in his absence, ordered by a deputy coroner, into the causes and circumstances of any death which is a coroner's case. It would seem absurd that a deputy, filling in for a coroner, can order an inquest, but could not collect medical specimens relating to the death case. Such lack could seriously interfere with the deputy's carrying out his duties. Legislative intent to do an impractical thing will not be presumed. Martin v. Louisville Motors, 276 Ky. 696, 125 S.W.2d 241 (1939). The deletion of "deputy" in KRS 72.020(2) was an oversight. In contrast there are restrictions on a deputy coroner in conducting a post-mortem examination authorized by KRS 72.025. Under KRS 72.405(4), as amended in 1982, a post-mortem examination may be conducted by a medical examiner or by a coroner or deputy coroner which coroner or deputy has been certified by the Department of Justice and may include an autopsy performed by a pathologist.
Secondly, you mention that under KRS 72.020(4), as amended in 1982, if the law enforcement officer at the scene has probable cause to believe that one of the conditions in subsection (1) exists (condition requiring a post-mortem examination of a body, see KRS 72.025(1) through (12)), and the coroner refuses to require a post-mortem examination, the officer shall immediately notify the county or commonwealth's attorney who may proceed pursuant to KRS 72.445. The latter statute provides that where the coroner declines to order an autopsy or body exhumed for autopsy, the county or commonwealth's attorney may petition the district or circuit court having jurisdiction to order an autopsy.
You note that under KRS 72.445 the statute speaks in terms of the court's ordering an "autopsy" , not a "post-mortem" .
KRS 72.020(4), as amended in 1982, refers to the relief of KRS 72.445.
KRS 72.405(1) defines a "coroner ordered autopsy" as an autopsy ordered by the coroner having jurisdiction and performed by a pathologist pursuant to such authorization in order to ascertain the cause and manner of death in a "coroner's case." In subsection (2) of KRS 72.405, as amended in 1982, a "coroner's case" is defined as a case in which the coroner has reasonable cause for believing that the death of a human being within his county was caused by any of the conditions set forth in KRS 72.025 (involving 17 circumstances requiring post-mortem examination).
KRS 72.405(4), as amended in 1982, defines "post-mortem" examination as a physical examination of the body (under one of the 17 situations outlined in KRS 72.025) by a medical examiner or by a certified coroner or deputy coroner (certified by the Department of Justice) and may include an autopsy performed by a pathologist or other appropriate scientific tests administered to determine the cause of death.
Thus an "autopsy" is conducted by a pathologist. But a physical examination of the body by a medical examiner or a certified coroner or deputy is a "post-mortem" examination.
It is our opinion that in KRS 72.020(4), where the law enforcement officer at the scene has probable cause to believe that one of the 12 conditions mentioned in KRS 72.025 exists and the coroner refuses to require a post-mortem, the officer should notify the county or commonwealth's attorney who can petition the district or circuit court of jurisdiction to order a post-mortem examination of the body (to be conducted by a medical examiner or by a certified coroner or deputy coroner) or the court may order an autopsy to be conducted by a pathologist.
When reading the above statutes together, it it our view that the legislature intended, as a means of properly enforcing the clear implications of KRS 72.020 relating to the 12 grounds for a post-mortem, to enlarge the jurisdiction of the court in KRS 72.445 to form a court alternative of either ordering a post-mortem exam, to be conducted by a medical examiner or by a certified coroner or deputy, or order an autopsy to be conducted by a pathologist. See Smither v. Com., ex rel. Luckett, Ky., 342 S.W.2d 521 (1961).
CONCLUSION
(1) Coroners can no longer, on and after July 15, 1982, use a designee for purposes mentioned in KRS 72.020.
(2) A deputy coroner may collect medical specimens under KRS 72.020 under certain conditions.
(3) Where coroner does not order a post-mortem, redress may be obtained in court under KRS 72.445.