MAKES A SPECIFIC REQUIREMENT CONTROLS OVER A GENERAL STATUTE. TAYLOR V. SPECIAL INDEMNITY FUND, 804 P.2D 431 (OKLA.1991); SOUTHWESTERN BELL TELEPHONE CO. V. OKLAHOMA COUNTY, 618 P.2D 915 (OKLA.1980). ACCORDINGLY, THE OFFICE OF THE CHIEF MEDICAL EXAMINER CANNOT RETAIN TISSUE OR SPECIMENS WHEN THERE IS EXPRESS AUTHORITY PROHIBITING THEM FROM DOING SO.
IT IS ALSO IMPORTANT TO LOOK AT THE SPECIFIC STATUTORY LANGUAGE OF 63 O.S. 944 (1991) WHICH STATES, IN PERTINENT PART:
"THE CHIEF MEDICAL EXAMINER, HIS DESIGNEE OR A MEDICAL EXAMINER, MAY COLLECT SUCH BLOOD, FLUID OR BODY WASTE SPECIMENS AS HE DEEMS NECESSARY TO CARRY OUT HIS DUTIES AS SPECIFIED IN THIS ACT. NO AUTOPSY AUTHORIZATION SHALL BE REQUIRED AS A PREREQUISITE TO THE COLLECTION OF SUCH SPECIMENS."
AS STATED IN ATTORNEY GENERAL OPINION 81-216, THIS SECTION AUTHORIZES THE EXAMINATION AND RETENTION OF TISSUE AND SPECIMENS ONLY TO THE EXTENT NECESSARY TO ACCOMPLISH THE INVESTIGATION. THIS CLEARLY DOES NOT AUTHORIZE THE USE OF TISSUE FOR PURPOSES UNRELATED TO THE INVESTIGATION.
HOWEVER, IT APPEARS THESE STATUTES CAN BE CONSTRUED TOGETHER WITHOUT DOING VIOLENCE TO EITHER. 1992 OKLA. SESS. LAWS, C. 355, 1 MERELY ALLOWS THE OFFICE OF THE CHIEF MEDICAL EXAMINER TO RETAIN TISSUE AND SPECIMENS FOR OTHER PURPOSES. ACCORDINGLY, UNLESS THERE IS AN EXPRESS STATUTE WHICH PROHIBITS THE OFFICE OF THE CHIEF MEDICAL EXAMINER FROM RETAINING CERTAIN TISSUES WITHOUT PERMISSION, LIKE THE EXAMPLES LISTED ABOVE, SPECIMEN AND TISSUE CAN BE RETAINED.
FURTHERMORE, THE STATUTE DOES NOT ADDRESS WHETHER THE PHYSICIAN OR HOSPITAL, INCLUDING THE OFFICE OF THE CHIEF MEDICAL EXAMINER, MAY DONATE THE TISSUE OR SPECIMENS FOR DIAGNOSTIC OR SCIENTIFIC PURPOSES. THE STATUTE STATES THE TISSUE MAY BE "RETAINED".
STATUTORY WORDS ARE TO UNDERSTOOD IN THEIR ORDINARY SENSE, EXCEPT WHEN CONTRARY INTENTION PLAINLY APPEARS. HESS V. EXCISE BD. OF MCCURTAIN COUNTY, 698 P.2D 930 (OKLA.1985). THE TERM "RETAIN" IS DEFINED AS "TO KEEP OR HOLD IN ONE'S POSSESSION". SEE THE AMERICAN HERITAGE DICTIONARY, NEW COLLEGE EDITION, P. 1109. ACCORDINGLY, IT IS MY OPINION THAT RELEASE OF THE SPECIMENS WOULD BE PROHIBITED.
(JENNIFER B. MILLER)