| Chapter 072 |
| 2024 -- H 7517 SUBSTITUTE A Enacted 06/12/2024 |
| A N A C T |
| RELATING TO HEALTH AND SAFETY -- OFFICE OF STATE MEDICAL EXAMINERS |
Introduced By: Representatives Corvese, Noret, Azzinaro, Solomon, Baginski, J. Brien, McNamara, Phillips, and DeSimone |
| Date Introduced: February 07, 2024 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 23-4-10 of the General Laws in Chapter 23-4 entitled "Office of State |
| Medical Examiners" is hereby amended to read as follows: |
| 23-4-10. Disposition of deceased bodies. |
| (a) The office of state medical examiners shall, after any postmortem external examination |
| or any autopsy, promptly release the deceased body to the relatives, representatives, or domestic |
| partners of the deceased. The cost of transporting the deceased body to a mortuary within the state |
| of the relatives’ or domestic partner’s choice shall be borne by the state if the autopsy was required |
| to be performed as provided in this chapter or other persons authorized by law to make |
| arrangements for the disposition of the decedent's remains. The cost of transporting the deceased |
| body to the office of state medical examiners shall be borne by the state if the autopsy was required |
| to be performed as provided in this chapter. If the relatives, representatives, or domestic partners |
| of the decedent or other person authorized by law to make arrangements for the disposition of the |
| decedent's remains: |
| (i1) Fails or refuses to claim the body within fourteen (14) days of receiving notice of the |
| death of the decedent; or |
| (ii2) Fails or refuses to make arrangements with a funeral home for the removal of the body |
| from the state medical examiner's morgue within thirty (30) days of receiving notice of the death |
| of the decedent, then the body shall be deemed unclaimed and shall be buried in accordance with |
| § 40-6-3.10. If there are no known relatives, representatives or domestic partners, the office of state |
| medical examiners, after reasonable public notices, the body shall be deemed unclaimed and the |
| office of state medical examiners shall cause the body of the deceased person to be buried in |
| accordance with § 40-6-3.10. The general treasurer of the state shall have first priority in recovering |
| the expenses of burial from the estate of the deceased person. |
| (b) For the purpose of this chapter, “domestic partner” shall be defined as a person who, |
| prior to the decedent’s death, was in an exclusive, intimate, and committed relationship with the |
| decedent, and who certifies by affidavit that their relationship met the following qualifications: |
| (1) Both partners were at least eighteen (18) years of age and were mentally competent to |
| contract; |
| (2) Neither partner is married to anyone else; |
| (3) Partners were not related by blood to a degree which that would prohibit marriage in |
| the state of Rhode Island; |
| (4) Partners resided together and had resided together for at least one year at the time of |
| death; and |
| (5) Partners were financially interdependent as evidenced by at least two (2) of the |
| following: |
| (i) Domestic partnership agreement or relationship contract; |
| (ii) Joint mortgage or joint ownership of primary residence; |
| (iii) Two (2) of the following: |
| (A) Joint ownership of motor vehicle; |
| (B) Joint checking account; |
| (C) Joint credit account; |
| (D) Joint lease; and/or |
| (iv) The domestic partner had been designated as a beneficiary for the decedent’s will, |
| retirement contract, or life insurance. |
| SECTION 2. This act shall take effect upon passage. |
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| LC004459/SUB A/4 |
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