Section 557. Chief medical examiner  


Latest version.
  • (a) There shall be in the department an
      independent office of chief medical examiner, the head of which shall be
      the chief medical examiner, who shall be appointed by the mayor from the
      classified  civil  service  and  be  a  doctor of medicine and a skilled
      pathologist and microscopist. The mayor may  remove  the  chief  medical
      examiner  upon  filing  in  the  office  of the commissioner of citywide
      administrative services and serving upon the chief medical examiner  his
      or  her  reasons  therefor  and  allowing such officer an opportunity of
      making a public explanation.
        (b) The commissioner with respect  to  the  office  of  chief  medical
      examiner shall exercise the powers and duties set forth in paragraph one
      of subdivision a of section five hundred fifty-five of this chapter, but
      shall  not  interfere with the performance by the chief medical examiner
      or his or her  office  of  the  powers  and  duties  prescribed  by  the
      provisions of this section or any other law.
        (c)  The  chief  medical  examiner  may appoint and remove such deputy
      chief medical examiners, medical examiners, medical  investigators,  lay
      medical   investigators,  scientific  experts  and  other  officers  and
      employees as may be provided for in the budget. The deputy chief medical
      examiners  and  medical  examiners  shall   possess   the   same   basic
      qualifications  as the chief medical examiner. The medical investigators
      shall be physicians duly licensed to practice medicine in the  state  of
      New  York  and  shall  possess  such additional qualifications as may be
      required by the department of citywide administrative services.
        (d) The office shall be kept open every day  in  the  year,  including
      Sundays  and  legal  holidays,  with  a clerk in attendance at all times
      during the day and night.
        (e) The chief medical examiner or his or her designee shall have power
      to require the attendance and take testimony under oath of such  persons
      as  he or she may deem necessary and to require the production of books,
      accounts, papers and other evidence relative to any  matter  within  the
      jurisdiction of the office.
        (f)  (1)  The chief medical examiner shall have such powers and duties
      as may be provided by law in respect to  bodies  of  person  dying  from
      criminal  violence,  by  accident, by suicide, suddenly when in apparent
      health, when unattended by a physician, in a correctional facility or in
      any suspicious or  unusual  manner  or  where  an  application  is  made
      pursuant to law for a permit to cremate a body of a person.
        (2) The chief medical examiner shall perform the functions of the city
      mortuary  and  related  functions, including the removal, transportation
      and disposal of unclaimed or unidentified human remains and the  remains
      of those individuals who have died outside of a medical institution.
        (3)  The  chief  medical examiner may, to the extent permitted by law,
      provide  forensic  and  related  testing  and  analysis,  and  ancillary
      services, in furtherance of investigations concerning persons both alive
      and  deceased,  including  but  not  limited  to:  performing autopsies;
      performing deoxyribonucleic  acid  (DNA)  testing  and  other  forms  of
      genetic   testing   and   analysis;  obtaining  samples  and  exemplars;
      performing pathology, histology and toxicology testing and analysis; and
      determining the cause or manner of injuries and/or death.
        (4) Notwithstanding any inconsistent provision of this section and  in
      addition  to any other powers and duties, the chief medical examiner may
      engage in health research in conjunction with the department  consistent
      with paragraph two of subdivision d of section five hundred fifty six of
      this chapter.
        (g) The chief medical examiner shall keep full and complete records in
      such  form  as  may be provided by law. The chief medical examiner shall
      promptly deliver to the appropriate  district  attorney  copies  of  all
    
      records relating to every death as to which there is, in the judgment of
      the  medical  examiner  in  charge,  any indication of criminality. Such
      records shall not be open to public inspection.