Tennessee Code Title 38. Prevention and Detection of Crime § 38-7-109

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) When a death is reported as provided in § 38-7-108, it is the duty of the county medical examiner in the county in which the death occurred to immediately make an investigation of the circumstances of the death. The county medical examiner shall record and store the findings, and transmit copies according to the death investigation guidelines developed by the Tennessee medical examiner advisory council. In any event the county medical examiner is authorized to remove from the body of the deceased a specimen of blood or other body fluids, or bullets or other foreign objects, and to retain such for testing and/or evidence if in the county medical examiner's judgment these procedures are justified in order to complete the county medical examiner's investigation or autopsy.

(b) When an autopsy is ordered by the district attorney general, the county medical examiner shall notify the chief medical examiner and the county medical examiner may perform the autopsy or shall designate and authorize a pathologist to perform the autopsy as provided in § 38-7-105.

(c)(1)(A) If a county medical examiner's office or regional forensic center is conducting an autopsy on a decedent who is suspected to have committed a mass shooting that resulted in the deaths of four (4) or more individuals, then the county medical examiner or regional forensic center shall consult such decedent's treating mental health professional or primary care physician, if known and reasonably able to be identified through the decedent's next of kin, to obtain information regarding the decedent's psychotropic drug use.

(B) The county medical examiner shall test the decedent for the presence of any drugs, including therapeutic levels of psychotropic drugs.

(2)(A) The county medical examiner's office or regional forensic center shall disclose the drug use of the decedent to the health science center and to the department of health.

(B) The county medical examiner's office or regional forensic center shall not disclose any identifying information including the decedent's name or social security number when disclosing the drug use of the decedent to the health science center and to the department of health.

(3) The health science center shall study the drug interactions between the psychotropic drugs and any other drugs that were present in the decedent's system as provided by the county medical examiner as described in subdivision (c)(2)(A).

(4) The health science center shall submit quarterly reports of all data obtained pursuant to this section to the chief clerk of each house of the general assembly.

(5) As used in this subsection (c):

(A) “Health science center” means the University of Tennessee's health science center college of pharmacy; and

(B) “Psychotropic drug” means a medication prescribed for the treatment of mental or behavioral health conditions or a drug prescribed for any condition that exercises a direct effect upon the central nervous system and that is capable of influencing and modifying mood, perceptions, and behavior, including:

(i) Agents for control of mania and depression;

(ii) Antidepressants, including selective serotonin reuptake inhibitors;

(iii) Antipsychotics;

(iv) Anxiolytics;

(v) Hypnotics;

(vi) Mood stabilizers;

(vii) Hormonal medication with the primary goal of altering a person's physical appearance and sexual characteristics existing at the person's birth;

(viii) Psychomotor stimulants;

(ix) Stimulants; and

(x) Benzodiazepines.

(6) The county medical examiner, regional forensic center, department of health, and the health science center must follow all relevant state and federal privacy laws related to the implementation of this section.

Previous Part of Code Next Part of Code

Back to Chapter List

Cite this article: FindLaw.com - Tennessee Code Title 38. Prevention and Detection of Crime § 38-7-109 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-38-prevention-and-detection-of-crime/tn-code-sect-38-7-109/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Did FindLaw Help You Understand This Legal Issue?

Make It a Preferred Google Search Source

Add to Google

Latest Blog Posts

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)