D.C. Mun. Regs. tit. 28, r. 28-5007

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 28-5007 - DEFINITIONS

5007.1

For the purposes of this chapter, the following terms shall have the meanings ascribed:

(a) "CME" - the Chief Medical Examiner.

(b) "Death investigation" - an investigation conducted by the Office of the Chief Medical Examiner into the cause and manner of death of an individual who died in the District of Columbia.

(c) "District"- the District of Columbia.

(d) "Legal custody" -

(1) Under the physical control or restraint of a law enforcement officer, a correctional officer (including a private correctional officer), or an authorized employee or agent of a District juvenile secure facility (as the term "secure facility" is defined in Section 102 of the Department of Mental Health Establishment Amendment Act of 2006, effective March 2, 2007 (D.C. Law 14-56; D.C. Official Code § 7-1131.02(29A)), or youth residential facility, including being:

(A) Under arrest;

(B) In the process of being arrested;

(C) Detained; or

(D) In the process of being detained:

(2) Incarcerated in, committed to, or on work release (as the term "work release" is defined in 28 DCMR § 533.4) from a District jail or correctional facility (including contract facility) or a District psychiatric hospital; or

(3) Committed to a District juvenile secure facility (as the term "secure facility" is defined in Section 102 of the Department of Mental Health Establishment Amendment Act of 2006, effective March 2, 2007 (D.C. Law 14-56; D.C. Official Code § 7-1131.02(29A)), or youth residential facility.

(e) "Legitimate interest," - a direct interest in obtaining medical, scientific information, or other information maintained by the Office of the Chief Medical Examiner.

(f) "Medical Examiner Case" - a case for which OCME has accepted jurisdiction to investigate pursuant to D.C. Official Code § 5-1405 (2001).

(g) "Medicolegal Investigator" or "MLI" means a physician assistant or advanced practice registered nurse licensed under the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201 et seq. (2001), who is also a forensic investigator and employed by OCME and who conducts death investigations including the use of scene investigations, body examinations and medical history documentation to support forensic investigations and death certifications by OCME.

(h) "OCME" - the office of the Chief Medical Examiner.

(i) "Open investigation" - the same meaning as provided in section 101(10) of the Millicent Allewelt Amendment Act of 2004, passed on 2nd reading on March 2, 2004 (Enrolled version of Bill 15-34).

(j) "Public disposition" -the burial or cremation of an unclaimed human body that is paid for by the District of Columbia.

(k) "Ready for Release" - following investigation or autopsy, the CME shall relinquish the decedent's body to the person having the right to the body for the purpose of burial or other disposition pursuant to law.

(l) "Ward" - any person in the official custody of the District government, on a temporary or permanent basis, because of neglect, abuse, mental illness or mental retardation.

(m) "Forensic Investigator" - an individual who gathers information related to the application of scientific knowledge to legal problems.

D.C. Mun. Regs. tit. 28, r. 28-5007

As amended by Final Rulemaking published at 52 DCR 8922 (October 7, 2005), and as amended by NOTICE OF EMERGENCY AND PROPOSED RULEMAKING at 54 DCR 8843 (September 7, 2007) [EXPIRED]; amended by Final Rulemaking published at 63 DCR 2375 (3/4/2016)