Investigation by county medical examiner

Tenn. Code Ann. § 38-7-109, under Post-Mortem Examination Act.

Tenn. Code Ann. § 38-7-109

(a) When a death is reported as provided in § 38-7-108, it is the duty of the county medical examiner in the county in which the death occurred to immediately make an investigation of the circumstances of the death. The county medical examiner shall record and store the findings, and transmit copies according to the death investigation guidelines developed by the Tennessee medical examiner advisory council. In any event the county medical examiner is authorized to remove from the body of the deceased a specimen of blood or other body fluids, or bullets or other foreign objects, and to retain such for testing and/or evidence if in the county medical examiner's judgment these procedures are justified in order to complete the county medical examiner's investigation or autopsy.

(b) When an autopsy is ordered by the district attorney general, the county medical examiner shall notify the chief medical examiner and the county medical examiner may perform the autopsy or shall designate and authorize a pathologist to perform the autopsy as provided in § 38-7-105.

(c) (1) (A) If a county medical examiner's office or regional forensic center is conducting an autopsy on a decedent who is suspected to have committed a mass shooting, then the county medical examiner or regional forensic center shall consult such decedent's treating mental health professional or primary care physician, if known and reasonably able to be identified through the decedent's next of kin, to obtain information regarding the decedent's psychotropic drug use.(B) The county medical examiner shall test the decedent for the presence of any drugs, including therapeutic levels of psychotropic drugs.(2) (A) The county medical examiner's office or regional forensic center shall disclose the drug use of the decedent to the health science center and to the department of health.(B) The county medical examiner's office or regional forensic center shall not disclose any identifying information including the decedent's name or social security number when disclosing the drug use of the decedent to the health science center and to the department of health.(C) The county medical examiner shall send only a blood sample of the decedent to the health science center.(3) The health science center shall study the drug interactions between the psychotropic drugs and any other drugs that were present in the decedent's system as provided by the county medical examiner as described in subdivision (c)(2)(A).(4) The health science center shall submit quarterly reports of all data obtained pursuant to this section to the chief clerk of each house of the general assembly.(5) As used in this subsection (c):(A) “Health science center” means the University of Tennessee's health science center college of pharmacy;(B) “Mass shooting” means:(i) A shooting resulting in four (4) or more individuals sustaining an injury; or(ii) A shooting in which a reasonable person would conclude that the decedent attempted to kill four (4) or more individuals; and(C) “Psychotropic drug” means a medication prescribed for the treatment of mental or behavioral health conditions or a drug prescribed for any condition that exercises a direct effect upon the central nervous system and that is capable of influencing and modifying mood, perceptions, and behavior, including:(i) Agents for control of mania and depression;(ii) Antidepressants, including selective serotonin reuptake inhibitors;(iii) Antipsychotics;(iv) Anxiolytics;(v) Hypnotics;(vi) Mood stabilizers;(vii) Hormonal medication with the primary goal of altering a person's physical appearance and sexual characteristics existing at the person's birth;(viii) Psychomotor stimulants;(ix) Stimulants; and(x) Benzodiazepines.(6) The county medical examiner, regional forensic center, department of health, and the health science center must follow all relevant state and federal privacy laws related to the implementation of this section.

(1) (A) If a county medical examiner's office or regional forensic center is conducting an autopsy on a decedent who is suspected to have committed a mass shooting, then the county medical examiner or regional forensic center shall consult such decedent's treating mental health professional or primary care physician, if known and reasonably able to be identified through the decedent's next of kin, to obtain information regarding the decedent's psychotropic drug use.(B) The county medical examiner shall test the decedent for the presence of any drugs, including therapeutic levels of psychotropic drugs.

(A) If a county medical examiner's office or regional forensic center is conducting an autopsy on a decedent who is suspected to have committed a mass shooting, then the county medical examiner or regional forensic center shall consult such decedent's treating mental health professional or primary care physician, if known and reasonably able to be identified through the decedent's next of kin, to obtain information regarding the decedent's psychotropic drug use.

(B) The county medical examiner shall test the decedent for the presence of any drugs, including therapeutic levels of psychotropic drugs.

(2) (A) The county medical examiner's office or regional forensic center shall disclose the drug use of the decedent to the health science center and to the department of health.(B) The county medical examiner's office or regional forensic center shall not disclose any identifying information including the decedent's name or social security number when disclosing the drug use of the decedent to the health science center and to the department of health.(C) The county medical examiner shall send only a blood sample of the decedent to the health science center.

(A) The county medical examiner's office or regional forensic center shall disclose the drug use of the decedent to the health science center and to the department of health.

(B) The county medical examiner's office or regional forensic center shall not disclose any identifying information including the decedent's name or social security number when disclosing the drug use of the decedent to the health science center and to the department of health.

(C) The county medical examiner shall send only a blood sample of the decedent to the health science center.

(3) The health science center shall study the drug interactions between the psychotropic drugs and any other drugs that were present in the decedent's system as provided by the county medical examiner as described in subdivision (c)(2)(A).

(4) The health science center shall submit quarterly reports of all data obtained pursuant to this section to the chief clerk of each house of the general assembly.

(5) As used in this subsection (c):(A) “Health science center” means the University of Tennessee's health science center college of pharmacy;(B) “Mass shooting” means:(i) A shooting resulting in four (4) or more individuals sustaining an injury; or(ii) A shooting in which a reasonable person would conclude that the decedent attempted to kill four (4) or more individuals; and(C) “Psychotropic drug” means a medication prescribed for the treatment of mental or behavioral health conditions or a drug prescribed for any condition that exercises a direct effect upon the central nervous system and that is capable of influencing and modifying mood, perceptions, and behavior, including:(i) Agents for control of mania and depression;(ii) Antidepressants, including selective serotonin reuptake inhibitors;(iii) Antipsychotics;(iv) Anxiolytics;(v) Hypnotics;(vi) Mood stabilizers;(vii) Hormonal medication with the primary goal of altering a person's physical appearance and sexual characteristics existing at the person's birth;(viii) Psychomotor stimulants;(ix) Stimulants; and(x) Benzodiazepines.

(A) “Health science center” means the University of Tennessee's health science center college of pharmacy;

(B) “Mass shooting” means:(i) A shooting resulting in four (4) or more individuals sustaining an injury; or(ii) A shooting in which a reasonable person would conclude that the decedent attempted to kill four (4) or more individuals; and

(i) A shooting resulting in four (4) or more individuals sustaining an injury; or

(ii) A shooting in which a reasonable person would conclude that the decedent attempted to kill four (4) or more individuals; and

(C) “Psychotropic drug” means a medication prescribed for the treatment of mental or behavioral health conditions or a drug prescribed for any condition that exercises a direct effect upon the central nervous system and that is capable of influencing and modifying mood, perceptions, and behavior, including:(i) Agents for control of mania and depression;(ii) Antidepressants, including selective serotonin reuptake inhibitors;(iii) Antipsychotics;(iv) Anxiolytics;(v) Hypnotics;(vi) Mood stabilizers;(vii) Hormonal medication with the primary goal of altering a person's physical appearance and sexual characteristics existing at the person's birth;(viii) Psychomotor stimulants;(ix) Stimulants; and(x) Benzodiazepines.

(i) Agents for control of mania and depression;

(ii) Antidepressants, including selective serotonin reuptake inhibitors;

(iii) Antipsychotics;

(iv) Anxiolytics;

(v) Hypnotics;

(vi) Mood stabilizers;

(vii) Hormonal medication with the primary goal of altering a person's physical appearance and sexual characteristics existing at the person's birth;

(viii) Psychomotor stimulants;

(ix) Stimulants; and

(x) Benzodiazepines.

(6) The county medical examiner, regional forensic center, department of health, and the health science center must follow all relevant state and federal privacy laws related to the implementation of this section.

(d) In any case where an autopsy is requested by a municipality or municipal law enforcement agency, the cost of the autopsy must be paid by the municipality, unless the cost is paid by the state.