Pennsylvania Act 1988-22 — CORONERS' EDUCATION BOARD LAW

act-1988-0-221988 Pa. Act 22Law

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CORONERS' EDUCATION BOARD LAW
                  Act of Mar. 2, 1988, P.L. 108, No. 22               Cl. 71
                                  AN ACT

     Creating the Coroners' Education Board; requiring coroners and
        certain deputies to take a course of instruction and an
        examination; and requiring continuing education.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Coroners' Education Board.
        (a)  Members.--There is hereby created, in the Office of
     Attorney General, a board to be known as the Coroners' Education
     Board, which shall consist of the Commissioner of the
     Pennsylvania State Police or his designee; the Attorney General
     or his designee; the Secretary of Health or his designee; and
     three persons, appointed by the Governor with the advice and
     consent of a majority of the members elected to the Senate, one
     of whom shall be a forensic pathologist licensed to practice in
     this Commonwealth and two of whom shall be elected coroners, one
     a physician coroner and the other a nonphysician coroner.
        (b)  Terms.--The terms of those members appointed by the
     Governor shall be for four years. Vacancies shall be filled for
     the unexpired term.
        (c)  Quorum.--The board shall elect a chairman, and a
     majority of the members shall constitute a quorum.
        (d)  Expenses.--No member of the board shall receive a
     salary, but those appointed by the Governor shall be entitled to
     actual expenses incurred in the performance of their duties.
     Section 2.  Coroners' course of instruction.
        (a)  Course of instruction.--The board shall establish a
     course of instruction which shall be given to all coroners upon
     their first election to office after the effective date of this
     act.
        (b)  Contents of course.--The course of instruction shall
     consist of not less than 32 hours and shall be given between the
     date of each municipal election and December 31 of that year.
        (c)  Location of course.--The board shall determine the time
     and place or places of the course of instruction, but due
     consideration shall be given to the facilities at the State
     Police Academy.
        (d)  Deputies.--In addition to the course of instruction for
     elected coroners, the board shall establish a course of
     instruction for chief deputy and full-time deputy coroners,
     which shall be of such duration and given at such times and
     places as the board shall determine. The board shall determine
     whether elected coroners, chief deputy coroners and full-time
     deputy coroners who are licensed and certified as physicians in
     this Commonwealth shall be required to complete the course of
     instruction provided in section 3.
        (e)  Personnel.--All State departments, agencies, boards and
     commissions shall cooperate in providing personnel, equipment
     and support to the courses of instruction.
        (f)  Examination.--In addition to preparing the courses of
     instruction, which shall include such subjects as crime-scene
     investigation, toxicology, forensic autopsies and the legal
     duties of the office of the coroner, the board shall prepare a
     written examination for the coroners and the deputies, to be
     given at the conclusion of each course of instruction.
        (g)  Tuition.--The board shall establish the tuition to be
     charged for the courses of instruction, which shall be as nearly
     equal to the cost of conducting the courses and the examination
     as possible.
     Section 3.  Elected coroners to take course of instruction and
                    pass examination.
        (a)  Successful examination.--After the effective date of
     this act, no person elected for the first time to the office of
     coroner in this Commonwealth shall be eligible to take the oath
     of office unless he has attended the course of instruction and
     successfully passed the examination given at the conclusion
     thereof unless, for just cause, the board postpones his
     attendance and examination. In the event the person so elected
     fails in either of these respects without being excused, there
     shall be deemed to be a vacancy in the office, and it shall be
     filled in accordance with law. No person having served as
     coroner in Pennsylvania prior to the effective date of this act
     shall be required to attend instructions or pass this
     examination if reelected or appointed subsequent to the
     effective date of this act. This provision shall also apply to
     chief deputies and full-time deputies who have been appointed
     prior to the effective date of this act.
        (b)  Successor coroners.--In the event of a vacancy in the
     office of coroner, either by death, resignation or failure to
     comply with the provisions of this section, the person appointed
     to fill the vacancy shall attend the next course of instruction
     offered for deputies and, at the conclusion thereof,
     successfully pass a special examination offered by the board for
     coroners appointed to fill vacancies. Upon the failure of the
     appointee to take this course of instruction or to pass this
     examination, a vacancy shall occur which shall be filled in
     accordance with law. In the event a person who is appointed to
     fill a vacancy has, prior to the appointment, taken the course
     of instruction for elected coroners and passed the examination
     or has taken the course of instruction for deputies and has
     passed the special examination, except as hereinafter provided,
     no course or examination shall be required.
     Section 4.  Chief deputies and full-time deputies to take course
                    of instruction.
        After the effective date of this act, a vacancy shall be
     deemed to exist in the office of a chief deputy or a full-time
     deputy coroner six months after appointment unless such person
     has completed the course of instruction provided for in section
     2(d) or unless, for just cause, the board postpones his
     completion of the course. This section shall not apply to those
     chief deputies or full-time deputy coroners who are covered by
     section 3(a).
     Section 5.  Continuing education.
        (a)  Credit hours.--Each year, every coroner, chief deputy
     coroner and full-time deputy coroner shall take continuing
     education of not less than eight credit hours.
        (b)  Contents.--The board shall determine what courses,
     seminars, lectures and meetings qualify for credit and the
     number of credits to be given to each. Such instruction may be
     given in conjunction with the annual convention of the Coroners
     Association of the Commonwealth of Pennsylvania.
        (c)  Proof.--Upon submission of proof of attendance, the
     board shall determine if the coroner or deputy has fulfilled the
     continuing educational requirements. If the board determines
     that the continuing educational requirements have not been
     fulfilled, it shall notify the Governor in the case of a coroner
     and the coroner in the case of a deputy, at which time a vacancy
     shall be deemed to exist. Any coroner or deputy aggrieved by a
     decision of the board shall have the right to appeal in
     accordance with the provisions of Title 2 of the Pennsylvania
     Consolidated Statutes (relating to administrative law and
     procedure).
     Section 6.  Tuition and expenses to be paid by county.
        The tuition established by the board shall be paid by the
     county from which the coroner was elected or the deputy
     appointed. In addition, upon successful completion of the
     instruction in sections 3 and 4, the county shall reimburse each
     coroner, chief deputy coroner and full-time deputy coroner for
     actual expenses incurred.
     Section 7.  Effective date.
        This act shall take effect in 90 days.

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