PRINTER'S NO. 334
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
327
Session of
2021
INTRODUCED BY J. WARD, ARGALL, BARTOLOTTA, PHILLIPS-HILL, REGAN,
K. WARD, STEFANO, MARTIN, YAW, GORDNER, BROOKS, MENSCH,
AUMENT, BAKER, MASTRIANO, HUTCHINSON, SCHWANK AND PITTMAN,
MARCH 10, 2021
REFERRED TO LOCAL GOVERNMENT, MARCH 10, 2021
AN ACT
Amending the act of August 9, 1955 (P.L.323, No.130), entitled
"An act relating to counties of the first, second class A,
third, fourth, fifth, sixth, seventh and eighth classes;
amending, revising, consolidating and changing the laws
relating thereto; relating to imposition of excise taxes by
counties, including authorizing imposition of an excise tax
on the rental of motor vehicles by counties of the first
class; and providing for regional renaissance initiatives,"
in coroner, further providing for coroner's investigation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1218-B of the act of August 9, 1955
(P.L.323, No.130), known as The County Code, is amended to read:
Section 1218-B. Coroner's investigation.
(a) Duty.--The [coroner having a view of the body] following
are circumstances of death which shall be reported to the
coroner by persons having actual knowledge of the death,
including , but not limited to, a health care facility, nursing
home, personal care home or physician , and the coroner shall
investigate the facts and circumstances concerning a death that
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appears to have happened within the county, notwithstanding
where the cause of the death may have occurred, for the purpose
of determining whether or not an autopsy or inquest should be
conducted in the following cases:
(1) A sudden death not caused by a readily recognizable
disease or, if the cause of death cannot be properly
certified, by a physician on the basis of prior recent
medical attendance.
(2) A death occurring under suspicious circumstances,
including if alcohol, a drug or another toxic substance may
have had a direct bearing on the outcome.
(3) A death occurring as a result of violence or trauma,
whether apparently homicidal, suicidal or accidental,
including, but not limited to, a death due to mechanical,
thermal, chemical, electrical or radiational injury,
drowning, cave-in or subsidence.
(4) A death in which trauma, chemical injury, drug
overdose or reaction to a drug or medication or medical
treatment was a primary or secondary, direct or indirect,
contributory, aggravating or precipitating cause of death.
(5) A perioperative death in which the death is not
readily explainable on the basis of prior disease.
(6) A death in which the body is unidentified or
unclaimed.
(7) A death known or suspected to be due to contagious
disease, including any disease constituting a health disaster
emergency or pandemic, and constituting a public hazard.
(8) A death occurring in prison or a penal institution
or while in the custody of the police.
(9) A death of an individual whose body is to be
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cremated, buried at sea or otherwise disposed of so as to be
unavailable for examination thereafter.
(10) A sudden and unexplained infant death.
(11) A stillbirth.
(b) Purpose.--The purpose of an investigation under
subsection (a) shall be to determine:
(1) The cause and manner of the death.
(2) Whether or not there is sufficient reason for the
coroner to believe that the death may have resulted from a
criminal act or criminal neglect of a person other than the
deceased.
(c) Requirements.--As part of an investigation under
subsection (a), the coroner shall determine the identity of the
deceased and notify the next of kin of the deceased.
(d) Data.--
(1) Where it is determined by the coroner to be
necessary to fulfill the statutory responsibilities of the
coroner's office, the Department of Health shall provide
electronic access to appropriate databases to the coroner
for:
(i) Information reportable under the act of April
23, 1956 (1955 P.L.1510, No.500), known as the Disease
Prevention and Control Law of 1955, for deaths known or
suspected to be due to a contagious disease constituting
a public health emergency or pandemic.
(ii) Death registry or death certificates.
(2) The Department of Health may not charge a fee to the
coroner for electronic access to data under this subsection
and may not require the coroner to obtain a subpoena.
(3) The coroner may not disclose, except in aggregate
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form, a personally identifiable record of an individual's
medical, psychiatric or psychological history or disability
status, including:
(i) an evaluation, consultation, prescription,
diagnosis or treatment;
(ii) results of tests, including drug tests;
(iii) enrollment in a health care program or program
designed for participation by persons with disabilities,
including vocation rehabilitation, workers' compensation
and unemployment compensation; or
(iv) related information that would disclose
individually identifiable health information.
(4) Paragraph (3) shall not apply to the disclosure of
necessary information:
(i) to law enforcement, a probation office, the
judiciary, and a governmental entity with a demonstrated
need for the information; or
(ii) if the next of kin of an individual has
provided written authorization for disclosure of the
information.
Section 2. This act shall take effect immediately.
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