§ 12-12-318 - Examinations, investigations, and postmortem examinations -- Authorization and restrictions.
               	 		
12-12-318.    Examinations, investigations, and postmortem examinations -- Authorization and restrictions.
    (a)    (1)  When  death occurs in such a manner or under such circumstances as described  in    12-12-315, the State Crime Laboratory shall have the power and  authority to perform such functions and duties as may be provided by  this subchapter.
      (2)    (A)  The  laboratory shall make examinations, investigations, or perform  postmortem examinations to determine the cause of death as the Executive  Director of the State Crime Laboratory or his or her staff deems  necessary or as may be requested by the:
                  (i)  County coroner of the county in which death occurs or is discovered;
                  (ii)  Prosecuting attorney of the jurisdiction in which death occurs or is discovered;
                  (iii)  Prosecuting attorney of the jurisdiction in which death occurs or is discovered;
                  (iv)  Chief of police of the city in which death occurs or is discovered;
                  (v)  Board  of Corrections or its designee, or the Director of the Department of  Correction or his or her designee if the person was in the care,  custody, or control of the Department of Correction at the time of  death; or
                  (vi)  Director of the Department of Arkansas State Police or his or her designee.
            (B)  Deputies  of elected officers enumerated in subdivision (a)(2)(A) of this section  shall have no authority to request a postmortem examination by the  laboratory.
(b)    (1)  In cases  of sudden death in children between the ages of one (1) year and six  (6) years with no previous major medical health problems, the State  Medical Examiner, on a case-by-case basis, may delegate authority to the  Arkansas Children's Hospital to perform postmortem examinations to  determine the cause of death.
      (2)    (A)  Should  any such postmortem examination determine that death occurred from foul  play or a criminal act, the hospital will immediately notify the chief  law enforcement officer of the jurisdiction in which the death occurred  and the examiner.
            (B)  In  addition, the examiner will be responsible for developing guidelines to  assure that proper evidentiary procedures are followed.
      (3)  For  purposes of this section, the hospital's staff pediatric pathologist,  meeting the criteria prescribed in    12-12-307, shall be considered  assistant medical examiner and, notwithstanding any other provisions in  this section, may perform postmortem examinations as directed by a duly  constituted authority.
(c)  Postmortem examinations or investigations authorized in this section may be conducted without consent of any person.
(d)  The  executive director and his or her staff shall not, as a part of their  official duties, perform any postmortem examination at the request of  any private citizen or any public official other than those enumerated  in this section.
(e)  The provisions  of this section shall supersede any and all other laws relating to the  power and authority of the executive director or his or her staff,  including the examiner, to conduct examinations, investigations, or  postmortem examinations.
(f)    (1)  The  executive director shall have the final authority on any ruling of  manner of death which may become a matter of dispute between those  persons authorized by this section to request a post mortem examination  as described in    12-12-315 and the examiner or his or her associates.
      (2)  The  executive director shall use any and all material accumulated by the  laboratory, interview all parties necessary, and consult with any  medical authority necessary for him or her to make his or her decision  as to the manner of death, and his or her ruling shall be final and  binding as that ruling affects any documents generated and signed by any  employee of the laboratory relating to manner of death.
      (3)  This  subsection and the executive director's decision in no way affects or  prohibits any person or agency to seek any other relief that may be  available through legal channels.