PRINTER'S NO. 1351
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1037
Session of
2022
INTRODUCED BY REGAN, GORDNER, J. WARD, MENSCH, BAKER, PHILLIPS-
HILL, HUTCHINSON, BARTOLOTTA, MASTRIANO, YAW, MARTIN,
SCAVELLO AND FLYNN, JANUARY 25, 2022
REFERRED TO LAW AND JUSTICE, JANUARY 25, 2022
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in other officers and officials,
providing for coroners; and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 75
CORONERS
Subchapter
A. General Provisions (Reserved)
B. (Reserved)
C. Coroners' Education and Training
SUBCHAPTER A
GENERAL PROVISIONS
( RESERVED )
SUBCHAPTER B
( RESERVED )
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SUBCHAPTER C
CORONERS' EDUCATION AND TRAINING
Sec.
7521. Scope of subchapter.
7522. Definitions.
7523. Coroners' Education and Training Board.
7524. Powers and duties of board.
7525. Education and training program.
7526. Continuing education.
7527. Coroner training requirements.
7528. Chief deputy coroner, deputy coroner or other individual
performing death investigations training
requirements.
7529. Continuing education requirements.
7530. Home rule counties.
7531. Revocation of certification.
7532. Coroners' Education and Training Account.
ยง 7521. Scope of subchapter.
This subchapter provides for the education and training for
county coroners, chief deputy coroners, deputy coroners and
other individuals performing death investigations and for the
Coroners' Education and Training Account.
ยง 7522. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Account." The Coroners' Education and Training Account
established under section 7532 (relating to Coroners' Education
and Training Account).
"Association." The Pennsylvania State Coroners Association.
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"Board." The Coroners' Education and Training Board.
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"Program." The Coroners' Education and Training Program
established under the provisions of this subchapter.
ยง 7523. Coroners' Education and Training Board.
(a) Establishment.--The Coroners' Education and Training
Board is established within the commission.
(b) Composition.--The board shall be composed as follows:
(1) The Executive Director of the commission or a
designee.
(2) Five coroners from different areas of this
Commonwealth, each with a minimum of six years' experience as
a coroner.
(3) A physician coroner or other licensed health care
professional coroner with a minimum of six years' experience
as a coroner.
(4) A board-certified forensic pathologist with a
minimum of four years' experience as a forensic pathologist.
(5) Two other forensic experts with a minimum of four
years' experience in death investigations and experience as a
toxicologist, an odontologist, an anthropologist or an
entomologist.
(6) One educator qualified in the field of criminal
justice.
(7) One county district attorney.
(8) The Executive Director of the association, who shall
serve as an ex officio member.
(c) Appointments and terms.--All members of the board,
except for the executive directors of the commission and the
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association, shall be appointed as follows:
(1) Of the five coroners, two shall be appointed by the
President pro tempore of the Senate, two shall be appointed
by the Speaker of the House of Representatives and one shall
be appointed by the Governor, all from a list of 10 qualified
persons recommended by the Pennsylvania Coroners'
Association.
(2) The physician coroner or other licensed health care
professional coroner shall be appointed by the Governor from
a list of three qualified persons recommended by the
Pennsylvania Coroners' Association.
(3) The board-certified forensic pathologist shall be
appointed by the Governor from a list of three qualified
persons recommended by the Pennsylvania Coroners '
Association.
(4) Of the other two forensic experts, one shall be
appointed by the President pro tempore of the Senate and one
shall be appointed by the Speaker of the House of
Representatives from a list of five qualified persons
recommended by the Pennsylvania Coroners' Association.
(5) One educator qualified in the field of criminal
justice shall be appointed by the Governor.
(6) One county district attorney shall be appointed by
the Governor.
(d) Vacancies.--A member appointed to fill a vacancy created
by any reason other than expiration of a term shall be appointed
for the unexpired term of the member who the appointee succeeds
in the same manner as the original appointment.
(e) Expenses.--The members of the board shall serve without
compensation but shall be reimbursed the necessary and actual
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expenses incurred in attending the meetings of the board and in
the performance of their duties under this subchapter.
(f) Removal.--Members of the board, except the executive
directors of the commission and the association, may be removed
by the Governor for good cause shown upon written notice from
the Governor specifically stating the cause for removal.
(g) Chair.--The members of the board shall select a chair
from among the members to serve for a period of one year. A
chair may be elected to serve successive terms.
(h) Meetings.--The board shall meet bimonthly in person or
via video or conference call. Special meetings may be called by
the chair of the board or upon written request of a majority of
members. Special meeting notices shall be provided two days in
advance and contain the agenda items to be discussed at the
special meeting.
(i) Quorum.--A quorum is required at all meetings in order
for votes to be taken. A simple majority of members present
shall constitute a quorum.
ยง 7524. Powers and duties of board.
The board may consult with the commission on any matters it
deems necessary or appropriate. The powers and duties of the
board shall be to:
(1) Establish, implement and administer the Coroners'
Education and Training Program for county coroners, chief
deputy coroners, deputy coroners and any other individuals
performing death investigations, regardless of job title and
regardless of whether they are a full-time employee, part-
time employee or per diem employee.
(2) Establish, implement and administer a continuing
education program for county coroners, chief deputy coroners,
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deputy coroners and any other individuals performing death
investigations, regardless of job title and regardless of
whether they are a full-time employee, part-time employee or
per diem employee. In doing so, the board shall determine
which courses, seminars, lectures and meetings qualify for
credit hours and the number of credits to be given to each.
(3) Establish the minimum qualifications for instructors
and certify instructors.
(4) Approve or revoke the approval of any school or
entity that may be utilized to comply with the educational
and training requirements of this subchapter.
(5) Establish the tuition to be charged for the course
of instruction that shall be as nearly equal to the cost of
administering the course and the written examination,
including instruction materials, instructor fees, lodging and
meals.
(6) Certify county coroners, chief deputy coroners,
deputy coroners and any other individuals performing death
investigations, regardless of job title and regardless of
whether they are a full-time employee, part-time employee or
per diem employee, who have satisfactorily completed the
basic education and training requirements of this subchapter
and issue appropriate certificates to them.
(7) Revoke the certification of county coroners, chief
deputy coroners, deputy coroners and any other individuals
performing death investigations, regardless of job title and
regardless of whether they are a full-time employee, part-
time employee or per diem employee in accordance with section
7531 (relating to revocation of certification).
(8) Reinstate previously revoked certifications of
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county coroners, chief deputy coroners, deputy coroners and
any other individuals performing death investigations,
regardless of job title and regardless of whether they are a
full-time employee, part-time employee or per diem employee
if the board finds that the circumstances which led to the
revocation of certification are no longer an impediment to
certification.
(9) Make rules and regulations and perform other duties
as may reasonably be necessary or appropriate to administer
this subchapter.
(10) Make an annual report to the Governor and to the
General Assembly concerning:
(i) The administration of the Coroners' Education
and Training Program.
(ii) The activities of the board.
(iii) The costs of the program.
ยง 7525. Education and training program.
The Coroners' Education and Training Program shall be no less
than 40 hours of instruction and a final examination. The
program shall include subjects such as death scene
investigation, crime scene processing, toxicology, preservation
of evidence, forensic autopsies, child abuse deaths, elder abuse
deaths, pandemic needs and responses, office management,
including forms and reports to be implemented, and the legal
duties of the office of coroner.
ยง 7526. Continuing education.
The continuing education program shall require no less than
12 hours of continuing education annually. No more than four
hours may be completed online. Continuing education requirements
may be obtained in conjunction with the annual conference of the
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association. The board may increase the required course hours if
it is determined that an increase is necessary to maintain
current knowledge in the operations of the coroner and shall
provide notice of the increase one year prior to the effective
date of the new requirements.
ยง 7527. Coroner training requirements.
(a) Course of instruction and written examination.--
(1) Except as provided under paragraph (2) and
subsection (c), an individual elected or appointed for the
first time to the office of coroner on or after the effective
date of this paragraph shall complete, prior to being sworn
into the office, the required course of instruction and shall
successfully pass the final examination with a score of no
less than 80%.
(2) The board may postpone the requirements under
paragraph (1) upon a showing of just cause.
(b) Noncompliance.--If the individual elected or appointed
to the office of coroner fails to comply with the requirements
under subsection (a) without just cause, the individual shall
not be eligible to take the oath of office and the office of
coroner shall be deemed vacant. The vacancy shall be filled in
accordance with the laws of this Commonwealth.
(c) Vacancy.--In the event of a vacancy in the office of
coroner, the individual appointed to fill the vacancy shall
complete the next available course of instruction and
successfully pass the written examination with a score of not
less than 80%. In the event the individual appointed to fill a
vacancy in the office of coroner is currently a medicolegal
death investigator within the office who has previously
completed the course and successfully passed the examination and
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has maintained any continuing education requirements, the
appointee shall not be required to participate in an additional
course and written examination.
ยง 7528. Chief deputy coroner, deputy coroner or other
individual performing death investigations training
requirements.
(a) Course of instruction and written examination.--
(1) Except as provided under paragraph (2), an
individual appointed on or after the effective date of this
paragraph to the position of chief deputy coroner, deputy
coroner or as an individual performing death investigations
shall, within one year, complete the required course of
instruction and pass the final examination with a score of no
less than 80%.
(2) The board may postpone the completion requirement
under paragraph (1) upon a showing of just cause.
(3) The board may establish rules to apply to per diem
death investigators, as long as those rules do not eliminate
any of the course requirements and a successful passing score
of not less than 80%.
(b) Noncompliance.--If the appointed individual fails to
comply with the requirements under subsection (a) without just
cause, a vacancy shall be deemed to exist in that position and
the vacancy shall be filled in accordance with the manner of the
original appointment.
ยง 7529. Continuing education requirements.
(a) Requirement.--Each year, every coroner, chief deputy
coroner, deputy coroner and any other individual performing
death investigations, regardless of job title and regardless of
whether they are a full-time employee, part-time employee or per
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diem employee, shall, while in office, meet the requirements for
continuing education established by the board.
(b) National certification.--As part of the continuing
education requirements for a coroner or chief deputy coroner,
each coroner and chief deputy coroner shall attain national
medicolegal death investigation certification through the
American Board of Medicolegal Death Investigators within two
years of taking office and shall maintain the number of hours of
continuing education required to maintain national
certification.
ยง 7530. Home rule counties.
In the case of a county which has adopted a home rule charter
which provides for the appointment of the coroner, a coroner
appointed after the effective date of this section shall obtain
certification within six months of appointment and fulfill
continuing education requirements as required under this
subchapter.
ยง 7531. Revocation of certification.
(a) Revocation of chief deputy coroner, deputy coroner and
any other individual performing death investigations
certification.--The board shall revoke the certification of any
chief deputy coroner, deputy coroner and any other individual
performing death investigations for one or more of the
following:
(1) Conviction for a felony or misdemeanor of the first
degree or second degree.
(2) If the board determines the individual was dismissed
for cause from employment as a chief deputy coroner, deputy
coroner and any other individual performing death
investigations regardless of job title.
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(3) If the board determines the individual is physically
or psychologically unfit to perform the duties of the office.
(4) If the board determines the individual has committed
misconduct which makes the person unfit to perform the duties
of the office, including:
(i) Submission to the board of a document that the
individual knows contains false information, including a
fraudulent application.
(ii) Cheating on board examinations or skills tests.
(b) Revocation of coroner certification.--The board shall
revoke the certification of a coroner only after the coroner is
removed from office. Nothing in this subchapter shall be
interpreted as providing grounds for removal of a coroner from
office, except as provided for by Article VI of the Constitution
of Pennsylvania.
(c) Notification by coroner.--In the case of any chief
deputy coroner, deputy coroner and any other individual
performing death investigations regardless of job title, it
shall be the responsibility of the coroner to notify the board
within 15 days of the occurrence of an event described under
subsection (a).
(d) Notification by county commissioners.--In the case of a
coroner, it shall be the responsibility of the county
commissioners to notify the board within 15 days of a coroner's
removal from office.
(e) Regulations.--The board shall establish regulations
providing for the following:
(1) Notice of a revocation and the right of coroners,
any chief deputy coroner, deputy coroner and any other
individual performing death investigations regardless of job
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title to request a hearing.
(2) Standards and guidelines for application for
recertification following revocation.
ยง 7532. Coroners' Education and Training Account.
(a) Establishment.--The Coroners' Education and Training
Account is established as a special restricted account within
the General Fund. Money in the account is appropriated on a
continuing basis to the commission for the purpose of financing
education and training expenses, the costs of administering the
program, reimbursements to counties and all other costs
associated with the activities of the board and the
implementation of this subchapter.
(b) Fee.--Two dollars from the fee for each death
certificate issued shall be deposited into the account.
(c) Disbursements.--Disbursements from the account shall be
made by the commission.
(d) Reimbursement to counties.--Each county shall pay the
ordinary and necessary living and travel expenses and the
regular wages and per diem of each coroner, chief deputy
coroner, deputy coroner and any other individual that performs
death investigations while attending approved courses. The
commission shall reimburse each county 100% of the stated
expenses incurred by each coroner, chief deputy coroner, deputy
coroner and any other individual that performs death
investigations while attending the basic education and training
course, the national medicolegal death investigation
certification course and continuing education courses. The
commission shall provide for 100% of the tuition incurred while
attending basic education and training, national medicolegal
death investigation certification training and continuing
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education.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 44
Pa.C.S. Ch. 75.
(2) The act of March 2, 1988 (P.L.108, No.22), referred
to as the Coroners' Education Board Law, is repealed.
Section 3. This act shall take effect in 60 days.
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