*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*
(a) The CME, other medical examiners, and medicolegal investigators (physician assistants or advanced practice registered nurses) licensed under subchapter V of Chapter 12 of Title 3, are authorized to make determinations of death.
(b) Pursuant to regulations established by the Mayor, the following types of human deaths occurring in the District shall be investigated by the OCME:
(1) Violent deaths, whether apparently homicidal, suicidal, or accidental, including deaths due to thermal, chemical, electrical or radiation injury and deaths due to criminal abortion, whether apparently self-induced or not;
(2) Sudden, unexpected or unexplained deaths not caused by readily recognizable disease, including sudden infant deaths or apparent sudden infant death syndrome (SIDS) for infants one year of age and younger;
(3) Deaths under suspicious circumstances;
(4) Deaths of persons whose bodies are to be cremated, dissected, buried at sea or otherwise disposed of so as to be thereafter unavailable for examination;
(5) Deaths related to disease resulting from employment or on-the-job injury or illness;
(6) Deaths related to disease which might constitute a threat to public health;
(7) Deaths of persons who are wards of the District government;
(8) Deaths related to medical or surgical intervention, including operative, peri-operative, anesthesia, medication reactions or deaths associated with diagnostic or therapeutic procedures;
(9) Deaths of persons while in the legal custody of the District;
(10) Fetal deaths related to maternal trauma, including substance abuse, and extra-mural deliveries;
(11) Deaths for which the Metropolitan Police Department, another law enforcement agency, or the United States Attorney's Office for the District of Columbia requests, or a court orders investigation;
(12) Dead bodies brought within the District without proper medical certification; and
(13) All maternal mortalities.
(b-1) For the purposes of subsection (b) of this section, the term:
(1) "Maternal mortalities" means pregnancy-associated deaths and pregnancy- related deaths, as those terms are defined in § 7-671.01(4) and (5), and deaths resulting from severe maternal morbidity.
(2) "Severe maternal morbidity" means one of the following outcomes of labor and delivery that results in short-term or long-term consequences to a birthing parent's health:
(A) Acute myocardial infarction;
(B) Acute renal failure;
(C) Adult respiratory distress syndrome;
(D) Air and thrombotic embolism;
(E) Amniotic fluid embolism;
(F) Anesthesia complications;
(G) Aneurysm;
(H) Blood products transfusion;
(I) Cardiac arrest/ventricular fibrillation;
(J) Conversion of cardiac rhythm;
(K) Disseminated intravascular coagulation;
(L) Eclampsia;
(M) Heart failure/arrest during surgery or procedure;
(N) Hysterectomy;
(O) Puerperal cerebrovascular disorders;
(P) Pulmonary edema/acute heart failure;
(Q) Sepsis;
(R) Shock;
(S) Sickle cell disease with crisis;
(T) Temporary tracheostomy; or
(U) Ventilation.
(c) Clearances by the CME shall be required for all deaths occurring in the District for which cremations are requested regardless of where the cremation will occur.
(d) The Mayor shall, by regulation, prescribe procedures for taking possession of a dead body following a death subject to investigation under subsection (b) of this section and for obtaining all essential facts concerning the medical causes of death and the names and addresses of as many witnesses as it is practicable to obtain.
(Oct. 19, 2000, D.C. Law 13-172, § 2906, 47 DCR 6308; Oct. 3, 2001, D.C. Law 14-28, § 4619(b), 48 DCR 6981; Apr. 27, 2021, D.C. Law 23-274, § 701, 68 DCR 001034; Aug. 23, 2021, D.C. Act 24-159, § 3072(e), 68 DCR 008602.)
Prior Codifications1981 Ed., § 11-2304.
Section ReferencesThis section is referenced in § 5-1406 and § 5-1408.
Effect of AmendmentsD.C. Law 14-28, in subsec. (b)(2), inserted “for infants one year of age and younger” before the semicolon.
Emergency LegislationFor temporary (90 days) amendment of this section, see § 3072(e) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
For temporary (90 days) amendment of this section, see § 2 of Investigating Maternal Mortalities Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-421, Oct. 26, 2020, 67 DCR 12824).
For temporary (90 days) amendment of this section, see § 2 of Investigating Maternal Mortalities Emergency Amendment Act of 2020 (D.C. Act 23-358, Aug. 5, 2020, 67 DCR 9663).
For temporary (90 days) amendment of this section, see § 2 of Investigating Maternal Mortalities Emergency Amendment Act of 2019 (D.C. Act 23-137, Oct. 23, 2019, 66 DCR 14311).
For temporary (90 day) addition of section, see § 2906 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 § 19(b) of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).
For temporary (90 day) amendment of section, see § 19(b) of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14-82, July 9, 2001, 48 DCR 6355).
Temporary LegislationFor temporary (225 days) amendment of this section, see § 2 of Investigating Maternal Mortalities Temporary Amendment Act of 2020 (D.C. Law 23-141, Oct. 20, 2020, 67 DCR 9907).
For temporary (225 days) amendment of this section, see § 2 of Investigating Maternal Mortalities Temporary Amendment Act of 2019 (D.C. Law 23-43, Jan. 10, 2020, 66 DCR 15336).
For temporary (225 day) amendment of section, see § 19(b) of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).
Delegation of AuthorityDelegation of Authority Pursuant to Title XXIX of D.C. Law 13-172, the “Fiscal Year 2001 Budget Support Act of 2000” Creating the Office of the Chief Medical Examiner, see Mayor’s Order 2001-04, January 5, 2001 ( 48 DCR 938).