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RULE §25.973Medical Examiner's Report

(a) A medical examiner shall submit to the department on a form prescribed by the department a report detailing the death of a person resulting from a traffic accident within the medical examiner's jurisdiction.

(b) The medical examiner's report must include:

  (1) the name of the deceased;

  (2) the date of the accident;

  (3) the county in which the accident occurred;

  (4) whether the deceased was a:

    (A) vehicle operator;

    (B) vehicle passenger; or

    (C) pedestrian or other person who was not an occupant in a vehicle;

  (5) if the fatality was the result of a bridge collapse as defined in Transportation Code, §550.081(2);

  (6) the location of the bridge if the fatality was the result of a bridge collapse; and

  (7) except as provided by subsection (c) of this section, the results of any toxicological testing conducted on the deceased and the name of the laboratory, medical examiner's office, or other facility that conducted the testing.

(c) If a toxicological test is conducted and the results are not available at the time the report to the department is due, the medical examiner shall:

  (1) note on the report: "toxicological test results unavailable;" and

  (2) as soon as practicable after the toxicological test results become available, submit a supplemental report that contains the results of the toxicological testing and the name of the testing facility.

(d) The department will make the reporting form available on the department's web site at www.txdot.gov (keyword "toxicology reporting").

(e) Not later than the 11th day of each month, the medical examiner shall submit the reports covering the deaths resulting from traffic accidents that occurred during the preceding three months, including those occurring as a result of a bridge collapse, except that the medical examiner is not required to submit information that was previously submitted to the department.

(f) The department will accept monthly and supplemental medical examiner's reports via:

  (1) United States Mail at the address located on the report form;

  (2) facsimile at the number contained on the report form; or

  (3) the department's Internet website, when such a capability is available.

Source Note: The provisions of this §25.973 adopted to be effective January 3, 2008, 32 TexReg 10066; amended to be effective March 18, 2010, 35 TexReg 2207

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