N.J. Admin. Code § 8:70-1.5

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:70-1.5 - Medical examiner autopsies

(a) Medical examiner autopsies shall be performed only in conjunction with investigations of reportable deaths in order to establish the cause of death; to provide medical facts upon which to base a determination of the manner of death; to collect evidence and medical specimens and documentation with probative value; to clarify investigation information, or to serve the needs of public health and safety and of the courts.

(b) Medical examiner autopsies shall not be performed solely to satisfy the academic interest of a hospital or medical staff, or to circumvent the lack of family permission for hospital autopsy.

(c) In the case of potential organ donors as defined by P.L. 1969, c.161 (N.J.S.A. 26:6-57 et seq.), the medical examiner shall perform the least intrusive procedure consistent with proper forensic practice and the duty to preserve organs for transplant in a manner and within a time period compatible with the preservation of the organ or tissue for the purpose of transplantation.

(d) Except as provided in (c) above, the autopsy standard for apparent homicides, suicides, suspicious deaths, and deaths with no visible anatomic cause shall include a complete inspection, removal and dissection of the cranial compartment and contents, the neck viscera and tongue, the thoracic, abdominal and pelvic compartments and viscera, and any additional dissections which may be indicated by the circumstances of death; and shall include the collection and preservation of body tissues for toxicological and microscopic examination and any additional examinations which may be required by the nature of the circumstances.

(e) X-ray examination of the whole body shall be performed in all instances where child abuse or neglect is a possibility and in the investigation of human skeletal remains. X-ray examination shall also be undertaken in all gunshot injuries where indicated for complete recovery of evidence, and in conjunction with examination and identification of human bodies in an advanced state of decomposition, or unrecognizable bodies.

(f) No person, technician, or aide shall perform any part of the postmortem dissection of the body, without the direct and immediate supervision and observation of the medical examiner or designated pathologist and then, only after proper training and guidance.

(g) Except as provided in (c) above, microscopic examination shall be conducted in the following circumstances:

1. In all cases of infant death;

2. Whenever an autopsy including toxicological testing fails to disclose a cause of death;

3. When the age of an injury requires further evaluation;

4. Whenever indicated by the circumstances of the death; and

5. Whenever else it is deemed necessary at the discretion of the medical examiner.

(h) The slides from microscopic examinations pursuant to (g) above shall be retained permanently, properly labeled with medical examiner case number.

(i) Microbiologic, toxicologic, and or nuclear radiation tests, and any other pertinent examination and study shall be conducted where applicable in death investigations involving a threat to public health.

N.J. Admin. Code § 8:70-1.5

R.1983 d.589, effective 12/19/1983.
See: 15 N.J.R. 1351(a), 15 N.J.R. 2172(d).
Amended by R.1989 d.110, effective 2/21/1989.
See: 20 N.J.R. 2856(b), 21 N.J.R. 447(a).
Subsection (f) divided into (f) and (g); old (g) recodified to (h).
Emergency Amendment, R.1994 d.571, effective 10/21/1994 (expired December 20, 1994).
See: 26 N.J.R. 4447(a).
Adopted Concurrent Proposal, R.1995 d.36, effective 12/20/1994.
See: 26 N.J.R. 4447(a), 27 N.J.R. 380(a).