Current through Register No. 45, November 7, 2024
Section Jus 2004.05 - Examination of the Remains and Gathering Evidence(a) Upon arrival at the location of the remains, the ME shall take control of the scene in coordination with the responding law enforcement agency so as to preserve any evidence that might help to establish identity of the deceased, the cause of death, and the manner of death.(b) The responding ME shall examine and document the condition of the remains and the scene, as well as collecting applicable demographic and other data regarding the deceased, using Form ME-1, "DME/ADME Investigation Report" as described in Jus 2005.01.(c) Examination of the remains shall include, to the extent indicated for the determination of the cause of death and manner of death or the preservation of evidence, any of the following types of examination:(1) Photographic or other imaging processes;(4) Collection and preservation of tissue and other samples from the remains.(d) Personal Effects shall be processed as follows:(1) If an autopsy is ordered, the responding ME shall take into possession all personal effects and any other items, other than medication, that are pertinent to the death investigation. Such items shall be vouchered, using Form ME-4 "Evidence or Property Inventory and Chain of Custody" as described in Jus 2005.05. Such items shall be placed in tamper proof evidence bags or containers or, if the items are found on the body, shall remain with the body and transported with it from the scene;(2) If no autopsy is ordered, but the ME determines that certain items or personal effects, other than medication, are pertinent to a determination of the cause and manner of death, the ME shall voucher the items on Form ME-4 and bag each item in a tamper proof evidence bag. Such items shall be delivered to the OCME as soon as possible after being taken in possession, but in no case later than 72 hours;(3) All other personal effects shall be vouchered on a separate form and turned over to the next of kin, through the funeral home, with the voucher form. Chain of custody shall be maintained on all vouchered items not turned over to the next of kin, so as to preserve the evidentiary value of such items for use in any future legal proceeding; and(4) The personal effects pertaining to unclaimed bodies or unidentified remains shall be inventoried and released with the remains.(e) Medications pertinent to the investigation shall taken into custody and vouchered using Form ME-3 "Drug/Medication Inventory Form" as described in Jus 2005.04 and placed in separate tamper proof evidence bags or containers as follows:(1) If the local law enforcement agency has not already responded to the scene, the ME shall contact the agency and request that an officer respond to assist in the inventory and securing of medications. Once the officer arrives, the ME shall inventory and voucher any medications being seized, in the officer's presence, using Form ME-3 "Drug/Medication Inventory Form." The officer shall sign off as a witness on the Drug/Medication Inventory Form, verifying that the inventory was done in his or her presence. The ME shall seal each container of medication with tamper evident tape provided by the OCME. The completed form and the sealed medication containers shall be placed in a sealed evidence bag;(2) If it has been determined that an autopsy will be performed on the body, the sealed container shall be placed in the body bag, which shall also be sealed, for transportation to the morgue; and(3) If no autopsy will be performed, the police officer shall take custody of the sealed bag and deliver it to the police department where it shall be maintained in a secure location.(f) To the extent necessary to establish the deceased's identity, cause of death, or manner of death, the following persons, if available and willing, shall be interviewed by or at the direction of the responding ME: (1) Each person known to be present at the time of death;(2) Each emergency responder or other health care provider who provided potentially pertinent treatment, care, or transport prior to or immediately after the death;(3) Law enforcement and firefighting personnel responding to the scene;(5) Any person who resided with the deceased.(g) The responding ME shall consult with responding law enforcement and emergency responders for the purpose of gathering their observations, questions, and suggestions relevant to investigation of the deceased's identity, cause of death, and manner of death.(h) The responding ME shall display his/her official identification at all times when at scenes.(i) The responding ME shall not allow any person to accompany the ME during any phase of a death investigation or cremation investigation unless that person has been given official OCME identification and authorized by the CME or DCME to accompany the ME.N.H. Admin. Code § Jus 2004.05