Indiana Coroner/Medical Examiner Laws

What to know

A coroner’s or medical examiner’s office conducts a medicolegal investigation to determine how someone died. Each state sets its own standards for what kinds of deaths require investigation.

Medicolegal death investigation system

Is medical death investigation system centralized, county-based, or district-based?
County-based. Ind. Code Ann. § 36-2-14-2.

If centralized, in which department or agency is the system housed?
Not applicable.

Does the state system have a coroner, medical examiner, or coroners and medical examiners?
Coroner, but see
(a) The commission on forensic sciences shall promulgate and adopt rules in accordance with IC 4-22-2 to:

(1) create a medical examiner system to aid, assist, and complement the coroner in the performance of his duties by providing medical assistance in determining causes of death; and

(2) establish minimum and uniform standards of excellence, performance of duties, and maintenance of records to provide information to the state regarding causes of death for cases investigated.

The commission shall also adopt any other rules that are necessary to carry out the provisions of this section.

(b) The commission shall establish five (5) medical examiner districts within the state, taking into consideration population, geographical size of the area covered, availability of trained personnel, death rate by both natural and unnatural causes, and similar related factors. No county may be divided in the creation of a district.

(c) A district medical examiner shall be appointed by the commission for each district from nominees who are physicians licensed to practice in Indiana. Nominees must reside in the district they are nominated for, and a preference shall be given to practicing physicians in pathology.

(d) The district medical examiner may appoint as many physicians as associate medical examiners as may be necessary to provide service within the district. The associate examiners shall be licensed to practice in Indiana with a preference to practicing pathologists.

(e) District and associate medical examiners may engage in the private practice of medicine or surgery in addition to their duties as medical examiners.

(f) The district and associate medical examiners shall, at the request of coroners in their districts:

(1) provide medical assistance in investigating deaths;

(2) provide or contract for laboratory facilities for performing autopsies and investigations;

(3) provide for the keeping of reports of all investigations and examinations; and

(4) provide other functions which may be specified in rules adopted by the commission.

(g) A district or associate medical examiner who performs a medical examination or autopsy under the direction of a coroner is immune from civil liability for performing the examination or autopsy.

Ind. Code Ann. § 4-23-6-6. [Cannot find any indication this commission or system is actually operational.]

Ind. Code Ann. § 36-2-14-2; Ind. Code Ann. § 4-23-6-6.

"In practice" notes
None.

Is there a state medical examiner?
No.

If so, what is the state medical examiner's role?
Not applicable.

In what department or agency is the state medical examiner's office located?
Not applicable.

Are there deputies?
"Deputy coroner" means a part-time or full-time person appointed by a county coroner . . . 207 Ind. Admin. Code 1-1-3.

If so, what are the deputies' roles?
[F]or purposes of providing medicolegal investigation and endorsed by a county coroner to be authorized to certify a cause of death. 207 Ind. Admin. Code 1-1-3.

What are the qualifications for deputies?
The requirement for the minimum basic training course necessary to satisfy the mandate contained in 207 IAC 1-2 for all deputy coroners, whether employed on a part-time or full-time basis, shall consist of not less than forty (40) hours of classroom and practical training. The subject matter covered shall be approved by the board prior to the beginning date of each basic training course. 207 Ind. Admin. Code 1-3-1.

(a) The coroners training board established by IC 4-23-6. 5-3, in consultation with the Indiana law enforcement academy, shall create and offer a training course for coroners and deputy coroners. The training course must include:

(1) at least forty (40) hours of instruction; and

(2) instruction regarding:

(A) death investigation;

(B) crime scenes; and

(C) preservation of evidence at a crime scene for police and crime lab technicians.

(b) The coroners training board, in consultation with the Indiana law enforcement academy, shall create and offer an annual training course for coroners and deputy coroners. The annual training course must:

(1) include at least eight (8) hours of instruction; and

(2) cover recent developments in:

(A) death investigation;

(B) crime scenes; and

(C) preservation of evidence at a crime scene for police and crime lab technicians.

(c) In creating the courses under subsections (a) and (b), the coroners training board shall consult with a pathologist certified by the American Board of Pathology regarding medical issues that are a part of the training courses.

(d) All training in the courses offered under subsections (a) and (b) that involves medical issues must be approved by a pathologist certified by the American Board of Pathology.

(e) All training in the courses offered under subsections (a) and (b) that involves crime scenes and evidence preservation must be approved by a law enforcement officer.

Ind. Code Ann. § 36-2-14-22.3.

Each deputy coroner shall successfully complete the training course offered under section 22.3(a) of this chapter within one (1) year after beginning employment with a coroner's office.

(c) Each coroner and each deputy coroner shall successfully complete the annual training course offered under section 22.3(b) of this chapter each year after the year in which the coroner or deputy coroner received the training required by section 22.3(a) of this chapter. Ind. Code Ann. § 36-2-14-23.

Qualifications, term of office, and training

Is the coroner or medical examiner position elected?
Yes. Ind. Code Ann. § 36-2-14-2.

If so, how many years is the term of office?
Four. Ind. Code Ann. § 36-2-14-2.

What are the qualifications specified by law?
A county coroner must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The coroner forfeits office if the coroner ceases to be a resident of the county. Ind. Code Ann. § 36-2-14-2.

The requirement for the minimum basic training course necessary to satisfy the mandate contained in 207 IAC 1-2 for all deputy coroners, whether employed on a part-time or full-time basis, shall consist of not less than forty (40) hours of classroom and practical training. The subject matter covered shall be approved by the board prior to the beginning date of each basic training course. 207 Ind. Admin. Code 1-3-1.

(a) The coroners training board established by IC 4-23-6. 5-3, in consultation with the Indiana law enforcement academy, shall create and offer a training course for coroners and deputy coroners. The training course must include:

(1) at least forty (40) hours of instruction; and

(2) instruction regarding:

(A) death investigation;

(B) crime scenes; and

(C) preservation of evidence at a crime scene for police and crime lab technicians.

(b) The coroners training board, in consultation with the Indiana law enforcement academy, shall create and offer an annual training course for coroners and deputy coroners. The annual training course must:

(1) include at least eight (8) hours of instruction; and

(2) cover recent developments in:

(A) death investigation;

(B) crime scenes; and

(C) preservation of evidence at a crime scene for police and crime lab technicians.

(c) In creating the courses under subsections (a) and (b), the coroners training board shall consult with a pathologist certified by the American Board of Pathology regarding medical issues that are a part of the training courses.

(d) All training in the courses offered under subsections (a) and (b) that involves medical issues must be approved by a pathologist certified by the American Board of Pathology.

(e) All training in the courses offered under subsections (a) and (b) that involves crime scenes and evidence preservation must be approved by a law enforcement officer.

Ind. Code Ann. § 36-2-14-22.3.

(a) Each coroner shall successfully complete the training course offered under section 22.3(a) of this chapter within six (6) months after taking office . . . (c) Each coroner and each deputy coroner shall successfully complete the annual training course offered under section 22.3(b) of this chapter each year after the year in which the coroner or deputy coroner received the training required by section 22.3(a) of this chapter. Ind. Code Ann. § 36-2-14-23.

Investigations/autopsies

What types of deaths are required to be investigated?
Whenever the coroner is notified that a person in the county:

(1) has died from violence;

(2) has died by casualty;

(3) has died when apparently in good health;

(4) has died in an apparently suspicious, unusual, or unnatural manner; or

(5) has been found dead;

the coroner shall, before the scene of the death is disturbed, notify a law enforcement agency having jurisdiction in that area. The agency shall assist the coroner in conducting an investigation of how the person died and a medical investigation of the cause of death.

Ind. Code Ann. § 36-2-14-6.

What types of deaths are required to be autopsied?
When acting under this section, if the coroner considers it necessary to have an autopsy performed, is required to perform an autopsy under subsection (f), or is requested by the prosecuting attorney of the county to perform an autopsy, the coroner shall employ a:

(1) physician certified by the American Board of Pathology; or

(2) pathology resident acting under the direct supervision of a physician certified in anatomic pathology by the American Board of Pathology;

to perform the autopsy . . .

Ind. Code Ann. § 36-2-14-6.

A child death pathologist shall:

(1) consult with a coroner concerning a death described in section 6.3(b) of this chapter;

(2) conduct an autopsy of a child as described in sections 6.3(c) and 6. 7(b) of this chapter; and

(3) perform duties described in section 6.7(e) of this chapter.

Ind. Code Ann. § 36-2-14-5.5.

A child death pathologist or a pathology resident acting under the direct supervision of a child death pathologist shall conduct an autopsy of a child [who] . . .

(1) died suddenly and unexpectedly;

(2) was less than three (3) years of age at the time of death; and

(3) was in apparent good health before dying.

Ind. Code Ann. § 36-2-14-6.7.

(b) If a child less than eighteen (18) years of age dies in an apparently suspicious, unexpected, or unexplained manner, the coroner shall consult with a child death pathologist to determine whether an autopsy is necessary. If the coroner and the child death pathologist disagree over the need for an autopsy, the county prosecutor shall determine whether an autopsy is necessary. If the autopsy is considered necessary, a child death pathologist or a pathology resident acting under the direct supervision of a child death pathologist shall conduct the autopsy within twenty-four (24) hours. If the autopsy is not considered necessary, the autopsy shall not be conducted.

(c) If a child death pathologist and coroner agree under subsection (b) that an autopsy is necessary, the child death pathologist or a pathology resident acting under the direct supervision of a child death pathologist shall conduct the autopsy of the child. Ind. Code Ann. § 36-2-14-6.3.

Does the state require that pathologists perform the autopsies?
Yes, . . . to perform an autopsy, the coroner shall employ a:

(1) physician certified by the American Board of Pathology; or

(2) pathology resident acting under the direct supervision of a physician certified in anatomic pathology by the American Board of Pathology to perform the autopsy.

Ind. Code Ann. § 36-2-14-6.

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