Arizona Revised Statutes § 11-597.01 Duty To Conduct Identification Meeting; Exception; Immunity; Definitions

11-597.01. Duty to conduct identification meeting; exception; immunity; definitions

A. On receipt of notification from an immediate family member of a decedent in the physical possession of the medical examiner, the medical examiner shall conduct an identification meeting in the time frame prescribed by this section, unless in the professional opinion of the medical examiner an identification meeting should be delayed or limited because the risk of loss of forensic evidence may compromise the death investigation of the medical examiner or the decedent's body is in a physical condition that does not allow the decedent to be reasonably recognized.

B. This section does not limit or otherwise restrict or affect the county medical examiner's professional judgment and discretion to determine the nature and extent of any death investigation or positive identification of a dead body.

C. If an identification meeting is conducted pursuant to this section or otherwise, the county medical examiner, all employees, agents, contractors and other representatives of the county medical examiner and the county are immune from civil liability for any injuries or damages of any kind alleged to have been suffered by an immediate family member as a result of or arising from an identification meeting or by any other third party due to the conduct of the immediate family member allegedly attributable to or otherwise arising out of the identification meeting. A cause of action shall not arise against them as a result of the identification meeting.

D. The medical examiner shall provide information on the county website as to the means of making a request for notification.

E. For the purposes of this section:

1. " Identification meeting" means an examination of photographs or videos of the decedent or any distinguishing marks of the dead body or any information that may assist the immediate family in making identification.

2. " Immediate family member" means, with respect to a particular decedent, an individual who is at least eighteen years of age and who is one of the following:

(a) The decedent's spouse.

(b) The decedent's child.

(c) The decedent's parent.

(d) The decedent's grandparent.

(e) The decedent's grandchild.

(f) The decedent's sibling.

(g) The decedent's legal guardian.

3. " Notification" means a written or electronic request to the medical examiner.

4. " Time frame" means forty-eight hours, excluding weekends and legal holidays.

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Last modified: October 13, 2016