26:6B-9 Office of the county medical examiner, intercounty medical examiner.

9. a. The governing body of a county shall establish and maintain an office of the county medical examiner, except as otherwise provided in this section.

b. (1) The governing body of a county or the governing bodies of two or more counties shall seek the advice of the Chief State Medical Examiner concerning the appointment of a county medical examiner or intercounty medical examiner, as applicable, by forwarding the nomination of the governing body for county medical examiner or the nomination of the governing bodies for intercounty medical examiner to the Chief State Medical Examiner for review.

(2) Two or more counties may jointly establish and maintain a medical examiner office on a cooperative or regional basis, to be designated as an intercounty medical examiner office, and shall seek the advice of the Chief State Medical Examiner concerning such an arrangement before doing so.

c. The office of the county medical examiner shall be directed by a county medical examiner or, in the instances when counties jointly maintain an office on a cooperative or regional basis, an intercounty medical examiner, who shall be appointed by the governing body of the county or the governing bodies of the counties maintaining such an office, as applicable, in accordance with the provisions of subsection b. of this section, for a term of five years and until a successor is appointed and has qualified; except that any person holding the office of county or intercounty medical examiner on the effective date of this act shall continue as county or intercounty medical examiner until the expiration of the term for which that person was appointed.

d. If the county governing body of a county fails, or the governing bodies of two or more counties fail, to appoint a county or intercounty medical examiner, as applicable, or if the office of the county or intercounty medical examiner becomes vacant, upon the written request of an assignment judge of the Superior Court, or of the governing body of the county or the governing bodies of two or more counties that made the original appointment or nomination, the Chief State Medical Examiner shall designate a qualified representative to perform the duties of the office until a new county or intercounty medical examiner is appointed. If the Chief State Medical Examiner assumes the duties of a county or intercounty medical examiner, the Chief State Medical Examiner shall have all the authority conferred by law upon a county or intercounty medical examiner and may appoint such assistants, aides, investigators, or other personnel as the Chief State Medical Examiner deems necessary. In that event, the treasurer of the county or the treasurers of the counties, as the case may be, shall reimburse the Office of the Chief State Medical Examiner or its designated representative for all costs incurred in properly conducting death investigations on behalf of the county or counties and performing all other functions of the county or intercounty medical examiner.

e. The office of county or intercounty medical examiner shall have at least one New Jersey licensed physician certified in forensic pathology by the American Board of Pathology or the American Osteopathic Board of Pathology on staff, serving as either the county or intercounty medical examiner, or as the assistant county or assistant intercounty medical examiner. Any additional person appointed as a county or intercounty medical examiner or an assistant county or intercounty medical examiner shall not be required to be certified in forensic pathology by the American Board of Pathology or the American Osteopathic Board of Pathology.

f. Each county medical examiner, intercounty medical examiner, assistant county medical examiner, and assistant intercounty medical examiner shall: be a licensed physician of recognized ability and in good standing in the State; be a graduate of a regularly chartered and legally constituted medical school or college or osteopathic medical school or college; and possess such minimum training and experience requirements as are established by the Chief State Medical Examiner. Either: the county medical examiner or intercounty medical examiner, as the case may be; or the assistant county medical examiner or intercounty medical examiner, as the case may be, shall additionally be certified in forensic pathology by the American Board of Pathology or the American Osteopathic Board of Pathology.

g. The county or intercounty medical examiner, subject to the approval of the governing body of the county or the governing bodies of the counties, as applicable, may appoint and prescribe the duties of any assistant county or intercounty medical examiners and other personnel as the county or intercounty medical examiner deems necessary for the proper performance of the duties of the office. An assistant county or assistant intercounty medical examiner shall meet the qualifications for that position as provided for in this section.

h. The salaries and expenses incurred by the office of the county or intercounty medical examiner shall be included in the annual budget of the county or counties served by that office, and the governing body of the county or the governing bodies of the counties shall fix the compensation to be paid to the county or intercounty medical examiner and assistant medical examiners and other personnel of the office. The governing body of the county or the governing bodies of the counties shall provide suitable quarters and equipment necessary for the performance of the duties of the county or intercounty medical examiner, and shall consult recommended standards adopted by the Chief State Medical Examiner with regard to funding for the staff, quarters, and equipment necessary for the performance of the duties of the office of the county or intercounty medical examiner. The budget for, and spending by, the office of the county or intercounty medical examiner shall: be available for review by the Chief State Medical Examiner; be published and available to the public as part of the budget approved by the governing body of the county or the governing bodies of the counties; and include all direct and indirect costs associated with the operation of the medical examiner office.

i. Each county and intercounty medical examiner shall ensure compliance with the rules and regulations adopted by the Chief State Medical Examiner.

j. The Chief State Medical Examiner may remove a county or intercounty medical examiner from office for cause, as set forth in this act, pending a hearing and final resolution, and in consultation with the governing body of the county or the governing bodies of the counties that appointed the county or intercounty medical examiner, as applicable. The Chief State Medical Examiner shall provide written notice of the removal to the governing body of the county or the governing bodies of the counties that appointed the county or intercounty medical examiner, as applicable, and to the county or intercounty medical examiner, immediately after making the removal official. A county or intercounty medical examiner removed under this provision shall be provided with notice of the charges against that person and afforded an opportunity for a hearing before an administrative law judge to contest the removal, which shall conform with the provisions applicable to such contested cases in this State as set forth in statute and regulation.

L.2018, c.62, s.9.