§ 5-1402. Establishment of the Office of the Chief Medical Examiner; appointments, qualifications, and compensation.

Current through October 23, 2012

(a) There is established as a subordinate agency in the executive branch of the government of the District of Columbia, the Office of the Chief Medical Examiner ("OCME").

(b) The Mayor shall nominate, with the advice and consent of the Council, a person to serve as the Chief Medical Examiner ("CME") within the OCME pursuant to § 1-523.01(a). The CME shall be responsible for the management and operation of the OCME. The CME shall appoint a Deputy CME and any other medical examiners the CME finds necessary to carry out the duties of the OCME.

(c)(1) The CME, the Deputy CME, and any medical examiners appointed pursuant to subsection (b) of this section shall be physicians licensed to practice medicine in the District of Columbia.

(2) Except as provided in paragraph (3) of this subsection, the CME, the Deputy CME, and any medical examiners appointed after October 19, 2000, shall be certified in forensic pathology by the American Board of Pathology or be eligible for such certification.

(3) The certification requirement of paragraph (2) of this subsection may be waived by the Mayor for the CME appointed to fill the term beginning on May 1, 2007, and ending on April 30, 2013.

(d) The Mayor shall fix the compensation of the CME pursuant to subchapter X-A of Chapter 6 of Title 1. The Mayor shall fix the compensation of all medical examiners appointed by the CME pursuant to this section.

(e) The CME shall be appointed for a 6-year term.

(f) If a vacancy in the position of Chief Medical Examiner occurs as a consequence of resignation, disability, death, or a reason other than the expiration of the term of the Chief Medical Examiner, the Mayor shall appoint a replacement to fill the unexpired term in the same manner provided in § 1- 523.01(a). A person appointed to fill the unexpired term shall serve only for the remainder of the term.

                
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(Oct. 19, 2000, D.C. Law 13-172, § 2903, 47 DCR 6308; Apr. 12, 2005, D.C. Law 15-339, § 2, 52 DCR 2283; Mar. 20, 2008, D.C. Law 17-115, § 2, 55 DCR 1278; Dec. 10, 2009, D.C. Law 18-88, § 203, 56 DCR 7413.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 11-2301.

Effect of Amendments

D.C. Law 15-339 rewrote subsec. (c); and added subsec. (f). Prior to amendment, subsec. (c) read as follows:

"(c) The CME, the Deputy CME, and any medical examiners appointed pursuant to subsection (b) of this section shall be physicians licensed to practice medicine in the District of Columbia. The CME, the Deputy CME, and any medical examiners appointed after the effective date of this chapter shall be certified in forensic pathology by the American Board of Pathology or be eligible for such certification."

D.C. Law 17-115 rewrote subsec. (c) which had read as follows:

"(c) The CME, the Deputy CME, and any medical examiners appointed pursuant to subsection (b) of this section shall be physicians licensed to practice medicine in the District of Columbia. The CME, the Deputy CME, and any medical examiners appointed after October 19, 2000, shall be certified in forensic pathology by the American Board of Pathology or be eligible for such certification, except that the Mayor may waive the certification requirement for any individual appointed as CME to fill the unexpired term ending on April 30, 2007."

D.C. Law 18-88 rewrote subsec. (c)(3), which had read as follows:

"(3) The certification requirement of paragraph (2) of this subsection may be waived by the Mayor until October 1, 2008 for the CME. Any individual appointed as the CME to fill the term beginning on May 1, 2007, and ending on April 30, 2013, pursuant to this waiver shall not be eligible to serve as CME after October 1, 2008, and shall not be eligible to serve in a holdover status after October 1, 2008, unless he or she meets the certification requirement."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2 of Appointment of the Chief Medical Examiner Temporary Amendment Act of 2007 (D.C. Law 17-70, January 23, 2008, law notification 55 DCR 1450).

Section 2 of D.C. Law 17-335 amended subsec. (c)(3) to read as follows:

"(3) The certification requirement of paragraph (2) of this subsection may be waived by the Mayor for the CME appointed to fill the term beginning on May 1, 2007 and ending on April 30, 2013."

Section 4(b) of D.C. Law 17-335 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) addition of section, see § 2903 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 2 of Appointment of the Chief Medical Examiner Emergency Amendment Act of 2004 (D.C. Act 15-643, December 20, 2004, 51 DCR 11833).

For temporary (90 day) amendment of section, see § 2 of Appointment of the Chief Medical Examiner Emergency Amendment Act of 2007 (D.C. Act 17-136, October 17, 2007, 54 DCR 10725).

For temporary (90 day) amendment of section, see § 2 of Appointment of the Chief Medical Examiner Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-253, January 23, 2008, 55 DCR 1266).

For temporary (90 day) amendment of section, see § 2 of Appointment of the Chief Medical Examiner Emergency Amendment Act of 2008 (D.C. Act 17-600, December 12, 2008, 56 DCR 7).

For temporary (90 day) amendment of section, see § 2 of Appointment of the Chief Medical Examiner Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-4, January 23, 2009, 56 DCR 1627).

For temporary (90 day) amendment of section, see § 203 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 203 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18- 227, October 21, 2009, 56 DCR 8668).

Legislative History of Laws

For Law 13-172, see notes following § 5-1401.

Law 15-339, the "Appointment of the Chief Medical Examiner Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-1084 which was referred to the Committee on Judiciary. The Bill was adopted on first and second readings on November 9, 2004, and December 7, 2004, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-754 and transmitted to both Houses of Congress for its review. D.C. Law 15-339 became effective on April 12, 2005.

Law 17-115, the "Appointment of the Chief Medical Examiner Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-351 which was referred to the Committee on Public Safety and Judiciary. The Bill was adopted on first and second readings on December 11, 2007, and January 8, 2008, respectively. Signed by the Mayor on January 23, 2008, it was assigned Act No. 17-258 and transmitted to both Houses of Congress for its review. D.C. Law 17- 115 became effective on March 20, 2008.

Law 18-88, the "Omnibus Public Safety and Justice Amendment Act of 2009", as introduced in Council and assigned Bill No. 18-151, which was referred to the Committee on Public Safety and the Judiciary. The bill as adopted on first and second readings on June 30, 2009, and July 31, 2009, respectively. Signed by the Mayor on August 26, 2009, it was assigned Act No. 18-189 and transmitted to both Houses of Congress for its review. D.C. Law 18-88 became effective on December 10, 2009.