Medical investigator sees autopsy crisis ahead
Capitol Spotlight for weeklies for week of June 24, 2007
By Jim Campbell
OPA Capitol News Bureau
Oklahomans accustomed to regular marvels on television's CSI shows and in Patricia Cornwell novels about crime solving through autopsy may be shocked to hear of a body backup at home for lack of funds.
Lawmakers responsible for appropriations to the Oklahoma Medical Examiner, however, said they were not told of an urgent need during the legislature ending May 25 and pointed to a 60 percent increase since 2005.
In a letter to district attorneys and chief investigators three weeks after legislative adjournment, Chief Investigator Kevin Rowland said too many bodies and too few pathologists could thwart death investigations, leading to backups of bodies, loss of accreditation and "national embarrassment."
"This is not some scare tactic," Rowland said. "This is the reality of what is going on in this office now."
 Rowland said Dr. Jeff Gofton, chief medical examiner, is due to take a job soon in another state and that the deputy chief medical examiner, Dr. Ronald Distefano, is retiring in July with no funds on hand to replace him. Oklahoma salaries are below national standards, he said.
Standards also call for pathologists to handle no more than 250 autopsies a year, Rowland said, but Oklahoma pathologists have been doing 320 and may hit 350 this year.
"Death investigations in this state will dramatically change, and we will become a national embarrassment," Rowland wrote. "There is no question that we will lose our national accreditation when we are inspected again in 2008."
Sens. Mike Johnson, R-Kingfisher, and Johnnie Crutchfield, D-Ardmore, co-chairs of the Senate Appropriations Committee, said they were aware of the need to improve Oklahoma's competitiveness in pathologist staffing and of a nationwide shortage of these positions.
"The agency is currently authorized to pay pathologists up to $140,000 a year," they said.
 The senators said they were reviewing a number of options.
"It is important to note that the Legislature provided $400,000 in new funding in Fiscal Year 2006 to fill two vacant pathologist positions and hire two new district investigators but the agency has not filled these positions," their statement said. "Overall, the total budget for the Board of Medicolegal Investigations has increased by $2.7 million since 2005, a 60 percent increase."
 Rowland said the agency needs a supplemental appropriation this year and a commitment to provide adequate funding in the future. The Legislature does not meet again until February.
Paul Sund, spokesman for Gov. Brad Henry, said the governor's office was concerned and hopeful that talks between legislators and the medical examiner's office would provide a solution.
Rowland said that besides slowing criminal investigations, the funding shortage could cause long delays in approval of cremation permits and increased numbers of "undetermined" deaths that could cut benefits paid on accidental death policies.
The agency's pathologists worked day and night following the Murrah Building bombing Oklahoma City in April 1995.
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Oklahoma could be the first state to muster specific response units designed specifically for an agricultural emergency.
State officials say six mobile units at $80,000 apiece have been funded by the U.S. Homeland Security Department and the state homeland security office will seek money for six more.
"The ability to contain an animal disease outbreak is critical to our state and nation," said Kerry Pettingill, state homeland security director. "The state Department of Agriculture identified a need."
State Agriculture Secretary Terry Peach said Oklahoma is believed the first state to gear up in this way.
The units, all built and assembled in Oklahoma, will clean and disinfect livestock transport vehicles and other equipment contaminated during an emergency. They will be located at the Atoka Fire Department, Oklahoma County Sheriff's Office, and Emergency Management agencies in Carter, Cherokee, Texas and Woodward Counties.
Oklahoma County Sheriff John Whetsel said the trailers will "help stop the spread of any contagious disease affecting the food supply."
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A new law effective July 1 will allow the Oklahoma Tax Commission to claim back taxes owed by the winner of an Oklahoma Lottery prize of $600 or more.
The law passed by the 2007 Legislature also requires trusts that win the lottery to disclose names of its members to the tax commission before claiming its winnings.
At least four tickets worth at least $600 are issued and claimed each day, Lottery Commission officials said.
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Oklahoma lawmakers will spend the interim between legislatures looking for ways to consolidate and trim state government.
House Speaker Lance Cargill, R-Harrah, said state government "has simply grown too large and there are a number of departments and commissions that could easily be combined into other corresponding portions of state government."
Cargill said Rep. Ken Miller, R-Edmond, will lead a comprehensive interim study of the issue.
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