216 R.I. Code R. 216-RICR-60-10-1.10

Current through December 26, 2024

Section 216-RICR-60-10-1.10 - Investigations

A. In those instances where a person has met death in any manner or circumstance as stated in § 1.9 of this Part, the Medical Examiner shall determine the medico-legal authority of the case, and if accepted, shall take charge at the scene, if appropriate, in accordance with R.I. Gen. Laws § 23-4-8, and shall be the first to examine the dead body.

B. The body shall not be disturbed without authorization of the Medical Examiner except in those cases in which a possibility of life remains, whereupon, the law enforcement officer or appropriate rescue team personnel on the scene shall initiate and facilitate such lifesaving procedures as may be appropriate.

C. The Medical Examiner shall initiate the necessary investigatory procedures, which may include but shall not be limited to:

1. investigating circumstances surrounding the death;

2. viewing the scene of death;

3. reviewing past medical and other history;

4. conducting toxicology and other laboratory tests;

5. examining physical evidence; and

6. performing postmortem examinations or autopsies.

D. Any information required by the Medical Examiner to conduct investigations shall be made available to OSME. Such information may include but shall not be limited to:

1. medical histories;

2. witnesses' statements; and

3. hospital records including X-rays, pertinent body fluid and other specimens, clothing, personal effects, medications and prescriptions, and any other items having a possible bearing on the cause and manner of death.

E. In all traffic death situations, the following evidence shall be made available to the Medical Examiner:

1. the brake and accelerator pedals in all motor vehicle driver deaths;

2. helmets and other protective gear in all cyclist deaths;

3. all clothing and personal effects of decedents from any vehicular death, especially those in which an offending vehicle has left the scene ("hit and run");

4. a copy of the incident report and subsequent investigation of any vehicular accident resulting in death;

5. any vehicle, such as auto, cycles, or other when pertinent; and

6. any weapon, instrument or other modality possibly related to the cause and manner of death.

F. In crime scene investigations, the body of the victim shall not be disturbed and any weapons, ligatures, drugs, and any other evidence possibly related to the death shall be preserved at the scene for examination by the Medical Examiner. Normal police procedures such as inquiries, dusting for fingerprints, (excluding fingerprinting the deceased) and scene photography may be carried out prior to the arrival of the Medical Examiner. The Medical Examiner shall take charge, examine the body of the victim, and cooperate with the law enforcement agency or agencies conducting the police investigation.

G. In narcotic or drug overdose death investigations, all related paraphernalia including needles, syringes, suspected drugs, tourniquet, etc., shall be removed by the Medical Examiner from the scene of occurrence. Such evidence as may be warranted shall subsequently be submitted by the Medical Examiner for toxicological examination, analysis, and report. In addition, the requirements of § 1.10(H) of this Part shall apply.

H. In all cases of hospital emergency room deaths, hospitals shall maintain the following practices:

1. All clothing, including shoes, from any case of trauma including those possibly due to a criminal act, shall be retained and not washed, cleaned or disturbed.

2. Any clothing, foreign materials or other debris lodged in wounds shall be preserved, when possible.

3. Needle marks incurred before arrival at the hospital shall be marked to separate "marks" from those received in emergency room.

4. All wounds of a serious nature shall be precisely documented by diagram and description in the hospital record.

5. X-rays, medical records, and other reports, or copies thereof, shall be made available to the Medical Examiner as requested.

6. One blood specimen (full 10cc, red-top tube) shall be retained where feasible and labeled "Medical Examiner" from any victim of mechanical, (e.g. auto accident) chemical, ("overdose") or other trauma who is a potential fatality referable to the Medical Examiner. This blood specimen shall be discarded by the hospital laboratory in those cases discharged alive. Other body fluid and tissue specimens, including gastric contents, shall likewise be retained at least in part, and made available to the Medical Examiner upon request in case of death and acceptance of authority.

I. In all cases of death within the authority of the Medical Examiner, any drug dispensing agency or drug rehabilitation program or like agency having contact with the decedent or his or her agent shall furnish, upon request, all pharmaceutical prescriptions and other relevant information.

216 R.I. Code R. 216-RICR-60-10-1.10