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Latent Print Technical Leader Working Group (LPTL-WG)

Latent Print Technical Leader Working Group The Latent Print Technical Leader Working Group (LPTL-WG), supported by the National Institute of Justice (NIJ), in partnership with the Forensic Technology Center of Excellence (FTCOE) at RTI International, is an emerging community of…

Forensic Science Failure Mode and Effects Analysis Application

Overview Failure Mode and Effects Analysis (FMEA) is a risk management tool that identifies and quantifies the influence of failures or potential failures in processes or activities. The application automates FMEA by evaluating the level of risk associated with an…

General Provider Resources: Medical Records for Medicolegal Death Investigations Toolkit

Overview In September 2020, The National Institute of Justice (NIJ) – in partnership with its Forensic Technology Center of Excellence (FTCOE) at RTI International and the National Center for Health Statistics, Centers for Disease Control and Prevention (CDC) – convened…

Interactive Map: Medicolegal Death Investigation Data Flow

Overview The National Institute of Justice (NIJ)—in partnership with its Forensic Technology Center of Excellence (FTCOE) at RTI International and the National Center for Health Statistics, Centers for Disease Control and Prevention (CDC)—convened a virtual Medicolegal Death Investigation Data Exchange…

ASCLD All Resources

Overview Through a partnership with the American Society of Crime Laboratory Directors (ASCLD), the Forensic Technology Center of Excellence has provided a variety of webinars, podcasts, reports, and tools covering a wide array of topics. Webinars ASCLD Train the Director…

Scene Investigation Video Vignettes

Overview In partnership with the Bureau of Justice Assistance’s (BJA) Comprehensive Opioid, Stimulant, and Substance Use Program (COSSUP, formerly COSSAP), FTCOE and its partners produced a series of short videos on how law enforcement officers, first responders, and other stakeholders…

FORESIGHT Digital Evidence

Overview Since the initial efforts to collect data via Project FORESIGHT, receiving responses from forensic laboratories that examine digital evidence has been difficult. A small percentage of forensic laboratories reported areas of investigation for computer analysis or analysis of multimedia…

The Field Application of GC/MS For Fire & Arson Investigations Video Series

← Additional Portable Instrumentation for On-Scene Fire Debris Analysis Resources Overview The purpose of this project was to design engaging video vignettes to disseminate results from a complex research project. The project team developed a guidance document that specifically describes…

Trace Evidence Collection Mobile App

Go MOBILE for FREE with the Trace Evidence Collection App! New Demonstration Videos Included! Download the Updated App Now! Get the app here or search for “Trace Evidence Collection App” on the Google Play Store. Google Play and the Google…

Hawaii

★ Law Specific to Access to Medical Records

H.B. NO. 2233 Section 1, Section 21 Hospital Records
- The chief of police and the medical examiner of a county may examine the records of any hospital in that county relating to any patient of the hospital in connection with any investigation under this chapter.  The hospital may require written proof signed by the medical examiner of the fact of the investigation and of the authority of the person desiring to examine the records. 
H.B. NO. 2233 Section 7, Section 324-1 Hawaii Revised Statutes
- (c) The department of health may request information regarding the deceased that is stored in electronic format or in paper copies, or gathered through interviews, subject to certain restrictions, which include but are not limited to:
  1. Social, medical, and legal histories;
  2. Death and birth certificates;
  3. Law enforcement investigative data;
  4. Medical examiner [~~or coroner~~] investigative data;
  5. Parole and probation information and records;
  6. Information and records of social service agencies;
  7. Educational records;
  8. Medical records; and
  9. Interviews with hospital employees that shall be subject to approval from hospital management.

★ Law Referencing Release of Records

HI Rev Stat § 338-18 (2022) Disclosure of Records
- (a) To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any record, except as authorized by this part or in a manner consistent with rules adopted by the department of health.

Idaho

★ Law Referencing Access to Records

Idaho Admin. Code r. 16.05.01.190 Records of Decedents
- Records of decedents are confidential for as long as the Department maintains the records, except as needed by:
  - (02) Coroners and Medical Examiners. Information may be given to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law.

★ Law Specific to Release of Medical Records

Idaho Admin. Code r. 16.03.14.360 Medical Records Service
- The hospital shall maintain medical records that are documented accurately and timely, and that are readily accessible and retrievable.
  - (05) Release of Medical Information. No release of medical information shall be made without written consent of the patient or by official court order except to legally authorized entities such as third party payors, peer review organizations, licensing agency, etc.

ⓘ Request for Medical Records Letter Templates

Illinois

★ Law Referencing Release of Records

Illinois Compiled Statutes, Chapter 725 (ILCS 5), Section 115-5.1
- In any civil or criminal action the records of the coroner’s medical or laboratory examiner summarizing and detailing the performance of his or her official duties in performing medical examinations upon deceased persons or autopsies, or both, and kept in the ordinary course of business of the coroner’s office, duly certified by the county coroner or chief supervisory coroner’s pathologist or medical examiner, shall be received as competent evidence in any court of this State, to the extent permitted by this Section. These reports, specifically including but not limited to the pathologist’s protocol, autopsy reports and toxicological reports, shall be public documents and thereby may be admissible as prima facie evidence of the facts, findings, opinions, diagnoses and conditions stated therein.

Indiana

★ Law Specific to Access to Medical Records

IN Code § 36-2-14-21 (2022) Coroners Obtaining Decedent’s Health Records; Coroners Provide Health Records to Investigative Units
- (a) As used in this section, “health records” means written, electronic, or printed information possessed by a provider concerning any diagnosis, treatment, or prognosis of the patient. The term includes mental health records, alcohol and drug abuse records, and emergency ambulance service records.
- (b) As used in this section, “provider” has the meaning set forth in IC 16-18-2-295(b).
- (c) As part of a medical examination or autopsy conducted under this chapter, a coroner may obtain a copy of the decedent’s health records.
- (d) Except as provided in subsection (e), health records obtained under this section are confidential.
- (e) The coroner may provide the health records of a decedent that were obtained under this section to a prosecuting attorney or law enforcement agency that is investigating the individual’s death. Health records received from a coroner under this subsection are confidential.
- (f) A person who receives confidential records or information under this section and knowingly or intentionally discloses the records or information to an unauthorized person commits a Class A misdemeanor.
IN Code § 36-2-14-22.6 (2022) Information Requests; Medicolegal Examinations; Interference With Postmortem Examinations; Denial of Recovery
- (b) The coroner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner which the coroner determines may be relevant to the investigation.

Iowa

★ Law Referencing Access to Records

Human Services, Chapter 9, 9.10(24) Disclosures to coroners, medical examiners, and funeral directors
- (a) Coroners and medical examiners. The department may disclose protected health information about a subject that is contained in the designated record set to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized bylaw.

Kansas

★ Law Specific to Access to Medical Records

KS Stat § 22a-231 (2021) Same; Notification of death to coroner or deputy, when: jurisdiction regarding investigation
…The coroner in the county of the cause of death shall decide if an investigation shall take place. If an investigation is authorized by the coroner of the county of cause of death, the coroner in the county of death shall undertake such investigation, with costs to be accounted to and reimbursed by the county of the cause of death. Investigation may include, but is not limited to, obtaining medical and law enforcement background information, examination of the scene of the cause of death, inquest, autopsy, and other duties required of the coroner…

Kentucky

★ Law Specific to Access to Medical Records

KY Rev Stat § 72.020 (2022) Duty of person, hospital, or institution finding or possessing dead body — Duties of coroner, law enforcement officer, embalmer, funeral director, or ambulance service
- (2) The coroner shall take possession of any objects, medical specimens, or articles which, in his opinion, may be helpful in establishing the cause of death, and he can make or cause to be made such tests and examinations of said objects as may be necessary or useful in determining the cause of death. In the event that a criminal prosecution arises, all such objects and articles together with reports of any examinations made upon them, shall be retained by the coroner until their production in evidence is required by the prosecuting authority, unless otherwise directed by written order of the court in which such prosecution is pending.

★ Law Referencing Release of Records

KY Rev Stat § 72.031 (2022) Prohibited uses of autopsy photographs, other visual images, and video and audio recordings
- (1) No autopsy photograph, other visual image in whatever form, video recording, or audio recording shall be open to the public unless the spouse or personal representative of the decedent provides an express waiver to the state medical examiner, coroner, or other public official in lawful possession of those materials to make those materials public. However, the office of the state medical examiner, a coroner, or other public official in lawful possession of an autopsy photograph, other visual image in whatever form, video recording, or audio recording shall make an autopsy photograph, other visual image in whatever form, video recording, or audio recording available to:
  - (a) The spouse, children, and surviving parents, and the personal representative of the decedent;
  - (b) A law enforcement agency, any agency or panel required by statute to conduct fatality reviews, county attorney, Commonwealth’s attorney, public health officer, or coroner having a bona fide interest in the case;
  - (c 1) A beneficiary under an insurance policy, for the purpose of processing a claim related to the decedent’s death; or
  - (c 2) An insurance company, with the written permission of the decedent’s spouse or personal representative, for the purpose of processing a claim related to the decedent’s death;
  - (d) An attorney or an attorney’s agents in a matter arising out of the decedent’s death;
  - (e) A defendant in any criminal case arising out of the decedent’s death if the defendant is proceeding pro se in the case;
  - (f) A physician or other medical professional licensed by the Commonwealth or another state or territory under the jurisdiction of the United States for the purposes of teaching or for publication in a scientific journal or textbook;
  - (g) A certified law enforcement instructor for the purpose of using the autopsy photograph, other visual image in whatever form, video recording, or audio recording in bona fide law enforcement training;
  - (h) A county attorney, Commonwealth’s attorney, public health officer, or coroner for the purpose of using the autopsy photograph, other visual image in whatever form, video recording, or audio recording in bona fide training;
  - (i) A licensed attorney for the purpose of using the autopsy photograph, other visual image in whatever form, video recording, or audio recording in a Kentucky continuing legal education program; and
  - (j) A person disseminating the image as part of an informative, expressive, or artistic work, whether analog or digital, that is:
    - (j 1) Part of a play, book, magazine, newspaper, audiovisual work, or cable, broadcast, or satellite television program; or
    - (j 2) Part of a work of art, including but not limited to news or commentary; after a court with jurisdiction as provided in subsection (8)(a) of this section, in a proceeding including parties entitled to notice under subsection (8)(b) of this section, has determined that the autopsy photograph, other visual image in whatever form, video recording, or audio recording is newsworthy or pertains to a matter of public concern or public interest.
- (2 a) Except as provided in paragraph (b) of this subsection, no medical examiner, coroner, or other public official in lawful possession of an autopsy photograph, other visual image in whatever form, video recording, or audio recording shall knowingly release those materials to any person not specifically authorized in subsection (1) of this section.
- (2 b) A medical examiner, coroner, or other public official in lawful possession of an autopsy photograph, other visual image in whatever form, video recording, or audio recording may publish such material in a scientific journal or textbook, or use such material for bona fide teaching or training after:
  - (2 b 1) Redacting the decedent’s name, address, and Social Security number; and
  - (2 b 2) Obscuring any distinguishing physical features which would allow a viewer to identify the decedent, including but not limited to the decedent’s face or any tattoos.
- (3) No autopsy photograph, other visual image in whatever form, video recording, or audio recording supplied by the state medical examiner, coroner, or other public official in lawful possession of those materials pursuant to subsection (1)(b) to (j) of this section shall be used for any purpose not specifically described therein.
- (4) When the purpose for the use of an autopsy photograph, other visual image in whatever form, video recording, or audio recording has been achieved, the material shall be destroyed by the person to whom it was made available under this section.
- (5) When the state medical examiner, coroner, or other public official in lawful possession of an autopsy photograph, other visual image in whatever form, video recording, or audio recording makes the materials available under subsection (1)(f) to (j) of this section:
  - (5 1) The name, address, and Social Security number of the decedent shall be redacted; and
  - (5 2) Any distinguishing physical features which would allow a viewer to identify the decedent, including but not limited to the decedent’s face or any tattoos, shall be obscured.
- (6)Any person seeking any autopsy photograph, other visual image in whatever form, video recording, or audio recording pursuant to this section shall pay any fee allowed under KRS 72.260 for the requested items.
- (7) The provisions of this section shall not be construed to contravene or limit the production of records pursuant to the Rules of Civil Procedure or the Rules of Criminal Procedure
- (8 a) The Circuit Court of the county where the decedent resided or, if the decedent was not a resident of the Commonwealth, in which an autopsy photograph, other visual image in whatever form, video recording, or audio recording is located may, upon a showing of good cause, issue an order authorizing any person to view or copy a photograph, other visual image in whatever form, video recording, or audio recording of an autopsy or to listen to or copy an audio recording of an autopsy, and may prescribe any restrictions or stipulations that the court deems appropriate. In determining good cause, the court shall consider whether this disclosure is necessary for the public evaluation of governmental performance, whether the disclosure is the least intrusive means available, and the availability of similar information in other public records, regardless of form. In all cases, the viewing, copying, listening to, or other handling of a photograph, other visual image in whatever form, video recording, or audio recording of an autopsy shall be under the direct supervision of the custodian of the record or of the custodian’s designee.
- (8 b 1) The spouse or personal representative of the decedent shall be given:
  - (8 b 1 a) Reasonable notice of a petition filed with the court to view or copy a photograph, other visual image in whatever form, video recording, or audio recording of an autopsy or a petition to listen to or copy an audio recording;
  - (8 b 1 b) A copy of the petition; and
  - (8 b 1 c) Reasonable notice of the opportunity to be present and heard at any hearing on the matter.
- (8 b 2) If there is no surviving spouse or personal representative, then the notice shall be given to the deceased’s adult children or, if the deceased has no adult children, to the surviving parents of the deceased, and, if there is no individual to represent the estate of the decedent, then the court shall proceed to schedule a hearing without giving such notice.

Louisiana

★ Law Referencing Access to Records

LA § 3715.1 Medical or hospital records of a patient; subpoena duces tecum and court order to a health care provider; reimbursement for records produced.
- (3) Any attorney requesting medical records of a patient who is deceased may obtain the records by subpoena, as provided in Paragraph (1) of this Subsection, by written authorization of the person authorized under Civil Code Article 2315.1 or the executor or administrator of the deceased’s estate, or by court order, as provided in Paragraph (5) of this Subsection.
  - NOTE: I. A coroner, deputy coroner, or other assistant, while acting in his official capacity relating to a physical or mental investigation and examination or an investigation into the cause and manner of a death, is exempt from complying with the provisions of this Section.

★ Law Referencing Release of Records

LA Rev Stat § 44:19 (2022) Records of a coroner; autopsy photographs, video, and other visual images
- (A 1) Notwithstanding any provision of this Chapter to the contrary, any medical record or personal medical history of a deceased person in the custody of a coroner shall be confidential and shall not be subject to examination, inspection, or copying pursuant to R.S. 44:31, 32, or 33.

Maine

★ Law Referencing Access to Records

22 ME Rev Stat § 3028 (2022) Investigation; autopsy
- (4) Possession of useful objects. Except as otherwise directed by the Attorney General, the Attorney General’s deputies or assistants, the medical examiner, the medicolegal death investigator or the Office of Chief Medical Examiner may direct that a law enforcement officer at the scene make measurements, take photographs and take possession of all objects that in the opinion of the medical examiner, medicolegal death investigator or the Office of Chief Medical Examiner may be useful in establishing the cause, manner and circumstances of death. For these same purposes, the medical examiner, medicolegal death investigator or the Office of Chief Medical Examiner may direct that a law enforcement officer take possession of any objects or specimens that have been removed from the victim at the scene or elsewhere while under medical care.

★ Law Specific to Access to Medical Records

22 ME Rev Stat § 3022 (2022) Office of Chief Medical Examiner
- (7) Medical records provided. In any medical examiner case, upon oral or written request of the medical examiner, any individual, partnership, association, corporation, institution or governmental entity that has rendered treatment pertaining to the medical examiner case shall as soon as practicable provide the medical examiner with all medical records pertaining to the person and the treatment provided. No individual, partnership, association, corporation, institution, governmental entity or employee or agent of a governmental entity may be criminally or civilly responsible for furnishing any medical records in compliance with this subsection.

★ Law Specific to Release of Medical Records

22 ME Rev Stat § 3022 (2022) Office of Chief Medical Examiner
- (8) Certain information confidential. The following records in the possession or custody of a medical examiner or the Office of Chief Medical Examiner are not public records within the meaning of Title 1, section 402, subsection 3 and are confidential:
  - (8 A) Medical records relating to a medical examiner case;

Maryland

★ Law Referencing Release of Records

MD Code Reg 10.35.01.14 Release of Medical Examiner’s Records
- (A) Individual files of the Chief Medical Examiner are confidential medical records protected from disclosure under the provisions of State Government Article, §§ 4-301 and 10-611 et seq., Annotated Code of Maryland
- (B) An exception to these confidential medical records is the official medical examiner’s autopsy report. This report is a public record and is generally subject to disclosure under State Government Article, §§ 10-611 et seq., Annotated Code of Maryland, unless the case is subject to an ongoing investigation, or other appropriate reason for denial of disclosure exists.
- (C) Records request by court order or subpoena shall be subject to the fee schedule set forth herein.

Massachusetts

★ Law Specific to Access to Medical Records

MA Gen L ch 38 § 4 (2022) Investigation; Transportation of Bodies
- In carrying out the duties prescribed by this section, the chief medical examiner or his designee shall be entitled to review and receive copies of medical records, hospital records, or information which he deems relevant to establishing the cause and manner of death. No person or hospital shall be subject to liability of any nature for providing such records or information in good faith at the request of the office. The chief medical examiner shall notify the local district attorney of the death of a child immediately following receipt of a report that such a death occurred.

Michigan

★ Law Specific to Access to Medical Records

MI Comp L § 52.202 (2022) Investigation by County Medical Examiner as to Cause and Manner of Death; Prisoners; Medical Records, Papers, or Documents; Exemption From Disclosure; Definitions
- (3) In conducting an investigation under subsection (1) or (2), a county medical examiner or deputy county medical examiner may request the circuit court to issue a subpoena to produce medical records, books, papers, documents, or other items related to the death being investigated. The circuit court may punish failure to obey a subpoena issued under this section as contempt of court.

★ Law Specific to Release of Medical Records

MI Comp L § 52.202 (2022) Investigation by County Medical Examiner as to Cause and Manner of Death; Prisoners; Medical Records, Papers, or Documents; Exemption From Disclosure; Definitions
- (3) In conducting an investigation under subsection (1) or (2), a county medical examiner or deputy county medical examiner may request the circuit court to issue a subpoena to produce medical records, books, papers, documents, or other items related to the death being investigated. The circuit court may punish failure to obey a subpoena issued under this section as contempt of court.

ⓘ Request for Medical Records Letter Template

Office of the Medical Examiner, Washtenaw County, Ann Arbor, Medical Records Request

Minnesota

★ Law Specific to Access to Medical Records

MN Stat § 390.011 (2023) Investigations
- (7a) Records and other material available to coroner or medical examiner. Except for health data defined in section 13.3805, subdivision 1, paragraph (a), clause (2), health-related records or data on a decedent whose death is being investigated under this section shall be made promptly available to the coroner or medical examiner, upon the coroner’s or medical examiner’s written request, by any person, agency, entity, or organization having custody of, possession of, access to, or knowledge of the records or data. This provision includes records and data, whether recorded or unrecorded, including but not limited to, records and data, including medical imaging, concerning medical, surgical, psychiatric, psychological, substance use disorder, or any other consultation, diagnosis, or treatment. In cases involving a stillborn infant or the death of a fetus or infant less than one year of age, the prenatal records on the decedent’s mother may also be subpoenaed by the coroner or medical examiner. The coroner or medical examiner shall pay the reasonable costs of copies of records or data so provided under this section. Data collected or created pursuant to this subdivision relating to any psychiatric, psychological, or mental health consultation with, diagnosis of, or treatment of the decedent whose death is being investigated shall remain confidential or protected nonpublic data, except that the coroner’s or medical examiner’s final summary report may contain a summary of, or references to, such data. Where records of a decedent become part of the medical examiner’s or coroner’s file, they are not subject to subpoena or a request for production directed to the medical examiner or coroner. Body fluids, slides, tissue, organ specimens, radiographs, monitor records, video or other recordings, and any other material or article of diagnostic value obtained from the decedent prior to death shall be made available to the coroner or medical examiner upon request. Notwithstanding the provisions of sections 13.384 and 595.02, the coroner or medical examiner shall have the power to subpoena any and all documents, records, including medical records, and papers deemed useful in the investigation of a death.
MN Stat § 390.32 (2023) Authority to Conduct Proceedings
- (6b) For the purposes of this section, health-related records or data on a decedent, except health data as defined in section 13.3805, subdivision 1, whose death is being investigated under this section, whether the records or data are recorded or unrecorded, including but not limited to those concerning medical, surgical, psychiatric, psychological, or any other consultation, diagnosis, or treatment, including medical imaging, shall be made promptly available to the medical examiner, upon the medical examiner’s written request, by a person having custody of, possession of, access to, or knowledge of the records or data. The medical examiner shall pay the reasonable costs of copies of records or data provided to the medical examiner under this section. Data collected or created pursuant to this subdivision relating to any psychiatric, psychological, or mental health consultation with, diagnosis of, or treatment of the decedent whose death is being investigated shall remain confidential or protected nonpublic data, except that the medical examiner’s report may contain a summary of such data.

★ Law Mentioning Psych History

MN Stat § 390.32 (2023) Authority to Conduct Proceedings
- (6b) or the purposes of this section, health-related records or data on a decedent, except health data as defined in section 13.3805, subdivision 1, whose death is being investigated under this section, whether the records or data are recorded or unrecorded, including but not limited to those concerning medical, surgical, psychiatric, psychological, or any other consultation, diagnosis, or treatment, including medical imaging, shall be made promptly available to the medical examiner, upon the medical examiner’s written request, by a person having custody of, possession of, access to, or knowledge of the records or data. The medical examiner shall pay the reasonable costs of copies of records or data provided to the medical examiner under this section. Data collected or created pursuant to this subdivision relating to any psychiatric, psychological, or mental health consultation with, diagnosis of, or treatment of the decedent whose death is being investigated shall remain confidential or protected nonpublic data, except that the medical examiner’s report may contain a summary of such data.

★ Law Specific to Release of Medical Records

MN Stat § 390.32 (2023) Authority to Conduct Proceedings
- (6b) For the purposes of this section, health-related records or data on a decedent, except health data as defined in section 13.3805, subdivision 1, whose death is being investigated under this section, whether the records or data are recorded or unrecorded, including but not limited to those concerning medical, surgical, psychiatric, psychological, or any other consultation, diagnosis, or treatment, including medical imaging, shall be made promptly available to the medical examiner, upon the medical examiner’s written request, by a person having custody of, possession of, access to, or knowledge of the records or data. The medical examiner shall pay the reasonable costs of copies of records or data provided to the medical examiner under this section. Data collected or created pursuant to this subdivision relating to any psychiatric, psychological, or mental health consultation with, diagnosis of, or treatment of the decedent whose death is being investigated shall remain confidential or protected nonpublic data, except that the medical examiner’s report may contain a summary of such data.

Mississippi

★ Law Specific to Access to Medical Records

MS Code § 41-61-63 (2020) Duties of State Medical Examiner; completion of death certificate; medical examiner not to favor particular funeral homes
- (2 a) Upon receipt of notification of a death affecting the public interest, make inquiries regarding the cause and manner of death, reduce the findings to writing and promptly make a full report to the State Medical Examiner on forms prescribed for that purpose. The medical examiner shall be authorized to inspect and copy the medical reports of the decedent whose death is under investigation. However, the records copied shall be maintained as confidential so as to protect the doctor/patient privilege. The medical examiners shall be authorized to request the issuance of subpoenas, through the proper court, for the attendance of persons and for the production of documents as may be required by their investigation.

★ Law Specific to Release of Medical Records

MS Code § 41-61-63 (2020) Duties of State Medical Examiner; completion of death certificate; medical examiner not to favor particular funeral homes
- (2 a) Upon receipt of notification of a death affecting the public interest, make inquiries regarding the cause and manner of death, reduce the findings to writing and promptly make a full report to the State Medical Examiner on forms prescribed for that purpose. The medical examiner shall be authorized to inspect and copy the medical reports of the decedent whose death is under investigation. However, the records copied shall be maintained as confidential so as to protect the doctor/patient privilege. The medical examiners shall be authorized to request the issuance of subpoenas, through the proper court, for the attendance of persons and for the production of documents as may be required by their investigation.

Missouri

★ Law Referencing Release of Records

MO Rev Stat § 58.451 (2022) Death to be reported and investigated by coroner, certain counties, procedure — place of death, two counties involved, how determined — efforts to accommodate organ donation
- (10 3) Such coroner or medical examiner of the county where a person is determined to be dead shall immediately notify the coroner or medical examiner of the county from which the person was originally being transferred of the death of such person, and shall make available information and records obtained for investigation of the death.

Montana

★ Law Specific to Access to Medical Records

MT Code § 50-16-530 (2023) Disclosure without patient’s authorization
- A health care provider may disclose health care information about a patient without the patient’s authorization if the disclosure is:
  - (8) to the state medical examiner or a county coroner for use in determining cause of death. The information is required to be held confidential as provided by law.

★ Law Referencing Release of Records

MT Code § 46-4-112 (2023) Subpoenaing of witnesses and documents
- (2) Any material subpoenaed pursuant to subsection (1)(b) is confidential criminal justice information, as defined in 44-5-103, and public access to the information may be obtained only in accordance with 44-5-303. However, any material produced at an inquest is public information.

★ Law Specific to Release of Medical Records

MT Code § 50-16-530 (2023) Disclosure without patient’s authorization
- A health care provider may disclose health care information about a patient without the patient’s authorization if the disclosure is:
  - (8) to the state medical examiner or a county coroner for use in determining cause of death. The information is required to be held confidential as provided by law.

ⓘ Request for Medical Records Letter Template

Anaconda – Deer Lodge County Coroner’s Subpoena Form

Nebraska

★ Law Referencing Access to Records

NE Code § 23-1806 (2023) Inquest; subpoenas; power to issue
- The coroner may issue subpoenas within the county for witnesses, returnable forthwith, or at such time and place as the coroner shall therein direct.
NE Code § 23-1818 (2023) Inquest; surgeons; subpoena; when authorized.
- If the coroner or jury deem it necessary, for the purposes of an inquisition, to summon any surgeons, the coroner shall issue a subpoena for those preferred, the same as for any other witness.

Nevada

★ Law Referencing Access to Records

NV Rev Stat § 259.050 (2022) Investigation into cause of death; postmortem examination; inquest
- (4) A coroner may issue a subpoena for the production of any document, record or material that is directly related or believed to contain evidence related to an investigation by the coroner.

★ Law Specific to Release of Medical Records

NV Rev Stat § 239.0115 (2022) Application to court for order allowing inspection or copying of public book or record in legal custody or control of governmental entity for at least 30 years; rebuttable presumption; exceptions.
- (1) Except as otherwise provided in this subsection and subsection 3, notwithstanding any provision of law that has declared a public book or record, or a part thereof, to be confidential, if a public book or record has been in the legal custody or control of one or more governmental entities for at least 30 years, a person may apply to the district court of the county in which the governmental entity that currently has legal custody or control of the public book or record is located for an order directing that governmental entity to allow the person to inspect or copy the public book or record, or a part thereof. If the public book or record pertains to a natural person, a person may not apply for an order pursuant to this subsection until the public book or record has been in the legal custody or control of one or more governmental entities for at least 30 years or until the death of the person to whom the public book or record pertains, whichever is later.
- (2) There is a rebuttable presumption that a person who applies for an order as described in subsection 1 is entitled to inspect or copy the public book or record, or a part thereof, that the person seeks to inspect or copy.
- (3) The provisions of subsection 1 do not apply to any book or record:
  - Declared confidential pursuant to NRS 463.120.

ⓘ Request for Medical Records Letter Templates

New Hampshire

★ Law Specific to Access to Medical Records

NH Rev Stat § 611-B:14-a (2022) Medical Records
- For the purpose of any medical examination into the cause and manner of death, and where medical treatment has been provided to the decedent who is the subject of the examination, upon written request of the supervising medical examiner any individual, partnership, association, corporation, institution, or governmental entity which has rendered such treatment shall provide the supervising medical examiner with all medical records pertaining to the decedent and the treatment rendered. This section shall not preclude the supervising medical examiner from directly inspecting or obtaining any medical records pertaining to a case under the jurisdiction of the chief medical examiner. The records shall be promptly provided to the supervising medical examiner. When the records are incorporated into the files of the medical examiner or the office of the chief medical examiner, they shall be confidential and shall not be available for public inspection.

★ Law Specific to Release of Medical Records

NH Rev Stat § 611-B:14-a (2022) Medical Records
- When the [medical] records are incorporated into the files of the medical examiner or the office of the chief medical examiner, they shall be confidential and shall not be available for public inspection.

New Jersey

★ Law Specific to Access to Medical Records

NJ Rev Stat § 26:6B-16 (2022) Procedure regarding disinterment; powers of Chief State Medical Examiner
- (3) The Chief State Medical Examiner and a county or intercounty medical examiner shall be authorized to, and shall, issue a subpoena for the production of confidential medical records, mental health records, drug and alcohol abuse records, and other relevant information from a physician, health care facility, or other health care provider as the medical examiner deems necessary for the purpose of a medicolegal death investigation.

★ Law Referencing Release of Records

NJ Rev Stat § 26:6B-17 (2022) Maintenance of records
- (e) The Office of the Chief State Medical Examiner and the office of each county or intercounty medical examiner may charge a reasonable fee to private persons for copies of such records and upon such conditions as may be prescribed by the Chief State Medical Examiner; provided, however, that no person with a proper interest in such records shall be denied access thereto. All such fees collected by the Office of the Chief State Medical Examiner and by the office of each county or intercounty medical examiner shall be paid into the State Treasury or county treasury, as applicable, on or before the 10th day of each month.

New Mexico

★ Law Specific to Release of Medical Records

NM Code R. § 7.3.2.14 Records
- (B) …Records within case files obtained from other agencies, including hospitals, mental health facilities, law enforcement agencies, or physicians’ records, may not be released by the OMI.  These documents must be requested from the primary source of the record.

New York

★ Law Referencing Release of Records

NY Cty L § 677 (2022) Records; reports
- (3 b) Such records shall be open to inspection by the district attorney of the county. Upon application of the personal representative, spouse or next of kin of the deceased to the coroner or the medical examiner, a copy of the autopsy report, as described in subdivision two of this section shall be furnished to such applicant. Upon proper application of any person who is or may be affected in a civil or criminal action by the contents of the record of any investigation, or upon application of any person having a substantial interest therein, an order may be made by a court of record, or by a justice of the supreme court, that the record of that investigation be made available for his inspection, or that a transcript thereof be furnished to him, or both.

North Carolina

★ Law Specific to Access to Medical Records

NC Gen Stat § 130A-385 (2022) Duties of medical examiner upon receipt of notice; reports; copies
- (a) …The Chief Medical Examiner or the county medical examiner is authorized to inspect and copy the medical records of the decedent whose death is under investigation. In addition, in an investigation conducted pursuant to this Article, the Chief Medical Examiner or the county medical examiner is authorized to inspect all physical evidence and documents which may be relevant to determining the cause and manner of death of the person whose death is under investigation, including decedent’s personal possessions associated with the death, clothing, weapons, tissue and blood samples, cultures, medical equipment, X rays and other medical images…

★ Law Referencing Release of Records

NC Gen Stat § 130A-389.1 (2022) Photographs and video or audio recordings made pursuant to autopsy
- (a) Except as otherwise provided by law, any person may inspect and examine original photographs or video or audio recordings of an autopsy performed pursuant to G.S. 130A-389(a) at reasonable times and under reasonable supervision of the custodian of the photographs or recordings. Except as otherwise provided by this section, no custodian of the original recorded images shall furnish copies of photographs or video or audio recordings of an autopsy to the public. For purposes of this section, the Chief Medical Examiner shall be the custodian of all autopsy photographs or video or audio recordings unless the photographs or recordings were taken by or at the direction of an investigating medical examiner and the investigating medical examiner retains the original photographs or recordings. If the investigating medical examiner has retained the original photographs or recordings, then the investigating medical examiner is the custodian of the photographs or video or audio recordings and must allow the public to inspect and examine them in accordance with this subsection.
- (b) The following public officials may obtain copies of autopsy photographs or video or audio recordings for official use only. These public officials shall not disclose the photographs or video or audio recordings to the public except as provided by law:
  - (1) The Chief Medical Examiner or a pathologist designated by the Chief Medical Examiner.
  - (2) Investigating Medical Examiner.
  - (3) District attorney.
  - (4) Superior court judge.
  - (5) Law enforcement officials conducting an investigation relating to the death.
  - A public official authorized by this subsection to obtain copies may provide a copy of the photograph or videotape to another person for the sole purpose of aiding in the identification of the deceased through publication of the photograph or videotape.
- (c) The following persons may obtain copies of autopsy photographs or video or audio recordings but may not disclose the photographs or video or audio recordings to the public unless otherwise authorized by law:
  - (1) The personal representative of the estate of the deceased.
  - (2) A person authorized by an order issued in a special proceeding pursuant to subsection (d) of this section.
  - (3) A physician licensed to practice in North Carolina who uses a copy of the photographs or video or audio recording to confer with attorneys or others with a bona fide professional need to use or understand forensic science, provided that the physician promptly returns the copy to the custodian.
  - (4) After redacting all information identifying the decedent, including name, address, and social security number, and after anonymizing any physical recognition, a medical examiner, coroner, physician, or their designee who uses such material for:
    - (a) Medical or scientific teaching or training purposes;
    - (b) Teaching or training of law enforcement personnel;
    - (c) Teaching or training of attorneys or others with a bona fide professional need to use or understand forensic science;
    - (d) Conferring with medical or scientific experts in the field of forensic science; or
    - (e) Publication in a scientific or medical journal or textbook.
    - A medical examiner, coroner, or physician who has in good faith complied with this subsection shall not be subject to any penalty under this section. Any person who lawfully obtains a copy of a photograph or video or audio recording pursuant to this subsection shall be required to sign a statement acknowledging that they have received notice that any unauthorized disclosure of the photograph or video or audio recording is a Class 2 misdemeanor.
- (d) A person who is denied access to copies of photographs or video or audio recordings, or who is restricted in the use the person may make of the photographs or video or audio recordings under this section, may commence a special proceeding in accordance with Article 33 of Chapter 1 of the General Statutes. Upon a showing of good cause, the clerk may issue an order authorizing the person to copy or disclose a photograph or video or audio recording of an autopsy and may prescribe any restrictions or stipulations that the clerk deems appropriate. In determining good cause, the clerk shall consider whether the disclosure is necessary for the public evaluation of governmental performance; the seriousness of the intrusion into the family’s right to privacy and whether the disclosure is the least intrusive means available; and the availability of similar information in other public records, regardless of form. In all cases, the viewing, copying, listening to, or other handling of a photograph or video or audio recording of an autopsy shall be under the direct supervision of the Chief Medical Examiner or the Chief Medical Examiner’s designee. A party aggrieved by an order of the clerk may appeal to the appropriate court in accordance with Article 27A of Chapter 1 of the General Statutes.
- (e) The petitioner shall provide reasonable notice of the commencement of a special proceeding, as authorized by subsection (d) of this section, and reasonable notice of the opportunity to be present and heard at any hearing on the matter in accordance with Rule 5 of the Rules of Civil Procedure. The notice shall be provided to the personal representative of the estate of the deceased, if any, and to the surviving spouse of the deceased. If there is no surviving spouse, then the notice shall be provided to the deceased’s parents, and if the deceased has no living parent, then to the adult child of the deceased or to the guardian or custodian of a minor child of the deceased.
- (f) This section does not apply to the use of autopsy photographs or video or audio recordings in a criminal, civil, or administrative proceeding except that nothing in this section prohibits a court or presiding officer, upon good cause shown, from restricting or otherwise controlling the disclosure to persons other than the parties and attorneys to the proceeding of an autopsy, crime scene, or similar photograph or video or audio recordings in the manner provided under this section.
- (g) Any person who willfully and knowingly violates this section is guilty of a Class 2 misdemeanor, provided that more than one disclosure of the same item by the same person is not a separate offense.
- (h) Any person not authorized by this section to obtain a copy of an autopsy photograph or video or audio recording, who knowingly and willfully removes, copies, or otherwise creates an image of an autopsy photograph or video or audio recording with intent to steal the same, is guilty of a Class 1 misdemeanor. (2005-393, s. 3.)

North Dakota

★ Law Referencing Release of Records

ND § 11-19.1 (2022) Medical County Coroner
- (08) …Except for a report of death and autopsy reports, which may be used and disclosed only as authorized by subsection 4 of section 11-19.1-11, all records of the coroner are the property of the county and are public records.
- (11 4) A report of death, an autopsy report, and any working papers, notes, images, pictures, photographs, or recordings in any form are confidential but the coroner may use or disclose these materials for purposes of an investigation, inquest, or prosecution. The coroner may disclose a copy of the report of death in accordance with the authority of the state forensic examiner under section 23-01-05.5 and may disclose an autopsy photograph or other visual image or video or audio recording subject to limitations in section 44-04-18.18. The coroner shall disclose a copy of the autopsy report to the state forensic examiner.

ⓘ Request for Medical Records Letter Templates

Ohio

★ Law Specific to Access to Medical Records

OH Rev Code § 313.091 (2022) Request for Decedent’s Medical and Psychiatric Records
- In connection with the performance of duties under this chapter, a coroner, deputy coroner, or representative of a coroner or deputy coroner may request, in writing, to inspect and receive a copy of the deceased person’s medical and psychiatric records. The person to whom the request is delivered shall make such records in the person’s custody available during normal business hours to the coroner, deputy coroner, or representative for purposes of inspection and copying. A person who provides copies of medical or psychiatric records pursuant to a request made under this section may request, in writing, reimbursement in a specified amount for the necessary and reasonable costs of copying the records, in which case the coroner, deputy coroner, or representative shall remit that amount to the person upon receipt of the copies.

★ Law Mentioning Psych History

OH Rev Code § 313.091 (2022) Request for Decedent’s Medical and Psychiatric Records
- In connection with the performance of duties under this chapter, a coroner, deputy coroner, or representative of a coroner or deputy coroner may request, in writing, to inspect and receive a copy of the deceased person’s medical and psychiatric records. The person to whom the request is delivered shall make such records in the person’s custody available during normal business hours to the coroner, deputy coroner, or representative for purposes of inspection and copying. A person who provides copies of medical or psychiatric records pursuant to a request made under this section may request, in writing, reimbursement in a specified amount for the necessary and reasonable costs of copying the records, in which case the coroner, deputy coroner, or representative shall remit that amount to the person upon receipt of the copies.
- Any medical or psychiatric record provided to a coroner, deputy coroner, or representative of a coroner or deputy coroner under this section is not a public record subject to section 149.43 of the Revised Code. The release of a deceased person’s medical or psychiatric records to a coroner, deputy coroner, or representative of a coroner or deputy coroner in accordance with this section does not violate division (B)(4) of section 4731.22 or section 5122.31 of the Revised Code.
- As used in this section and section 313.10 of the Revised Code, “medical record” has the same meaning as in division (A)(3) of section 149.43 of the Revised Code.

★ Law Referencing Release of Records

OH Rev Code § 313.091 (2022) Request for Decedent’s Medical and Psychiatric Records
- Any medical or psychiatric record provided to a coroner, deputy coroner, or representative of a coroner or deputy coroner under this section is not a public record subject to section 149.43 of the Revised Code. The release of a deceased person’s medical or psychiatric records to a coroner, deputy coroner, or representative of a coroner or deputy coroner in accordance with this section does not violate division (B)(4) of section 4731.22 or section 5122.31 of the Revised Code.
- As used in this section and section 313.10 of the Revised Code, “medical record” has the same meaning as in division (A)(3) of section 149.43 of the Revised Code.

Oklahoma

★ Law Specific to Access to Medical Records

63 OK Stat § 941 (2022) Investigation by county examiner
- The investigating medical examiner or the medical examiner’s designee shall have access at all times to any and all medical and dental records and history of the deceased, including, but not limited to, radiographs and medical records, in the course of his or her official investigation to determine the cause and manner of death.

★ Law Specific to Release of Medical Records

63 OK Stat § 941 (2022) Investigation by county examiner
- designee shall have access at all times to any and all medical and dental records and history of the deceased, including, but not limited to, radiographs and medical records, in the course of his or her official investigation to determine the cause and manner of death. Such records may not be released to any other person by the medical examiner, and the custodians of such records shall incur no liability by reason of the release of such records to the medical examiner. The body of the deceased shall be turned over to the funeral director designated by the person responsible for burial within twenty-four (24) hours of receipt of the decedent unless a longer period is necessary to complete the required investigation.

Oregon

★ Law Specific to Access to Medical Records

OR Rev Stat § 146.100 (2021) Where death considered to have occurred; notification of death required
- (6) All peace officers, health care providers as defined in ORS 192.556, supervisors of penal institutions, supervisors of youth correction facilities, juvenile community supervision officers as defined in ORS 420.905, and supervisors of hospitals or institutions caring for the ill or helpless shall cooperate with the medical examiner or medical-legal death investigator by providing a decedent’s medical records and tissue samples and any other material necessary to conduct the death investigation of the decedent and shall make notification of deaths as required by subsection (3) of this section. A person who cooperates with the medical examiner or medical-legal death investigator in accordance with this subsection does not:
  - (a) Waive any claim of privilege applicable to, or the confidentiality of, the materials and records provided.
  - (b) Waive any claim that the materials and records are subject to an exemption from disclosure under ORS 192.311 to 192.478.

★ Law Referencing Release of Records

OR Rev Stat § 146.780 (2021) Confidentiality of records and reports
- Notwithstanding the provisions of ORS 192.311 to 192.478 relating to confidentiality and accessibility for public inspection of public records, records and reports made under the provisions of ORS 146.750 are confidential and are not accessible for public inspection. [1965 c.472 §7; 1967 c.545 §7; 1971 c.401 §10; 1971 c.451 §15; 1973 c.408 §29; 1973 c.794 §15a]

ⓘ Request for Medical Records Letter Templates

Pennsylvania

★ Law Specific to Access to Medical Records

16 Pa. Stat. § 1227-B Subpoena and attachment
- The coroner may issue a subpoena and attachment, which shall be served and executed by the sheriff, coroner or coroner’s deputy, for the following purposes:
  - (1) A death investigation.
  - (2) To obtain the attendance of an individual who may be necessary to examine as a witness at an inquest.
  - (3)  To compel attendance by attachment in a similar manner and extent as a court of common pleas may do in a case pending before the court.
  - (4)  To compel the production of the following:
    - (i)  A paper.
    - (ii)  A document in any form or media, including a medical and mental health record.

Rhode Island

★ Law Specific to Access to Medical Records

216 RI Code of Rules 60 10 1.10 Investigations
- (D) Any information required by the Medical Examiner to conduct investigations shall be made available to OSME. Such information may include but shall not be limited to:
  - (1) medical histories;
  - (2) witnesses’ statements; and
  - (3) hospital records including X-rays, pertinent body fluid and other specimens, clothing, personal effects, medications and prescriptions, and any other items having a possible bearing on the cause and manner of death.

★ Law Specific to Release of Medical Records

216 RI Code of Rules 60 10 1.20 Records and Reports
- (A) Information and reports obtained from law enforcement agencies, local or state institutions, agencies such as hospitals, and employers in relation to deaths reported in accordance with § 1.9 of this Part, which are deemed by federal or state law to be confidential, shall be kept confidential by the OSME and be released only to person(s) who can demonstrate a legal right to said information and/or records and then only pursuant to a valid subpoena.
- (B) Autopsies and other reports and findings of OSME (except homicides and other criminal cases remaining under investigation and awaiting adjudication) shall be available to:
  - (1) the next of kin or authorized legal representative responsible for the disposition of the body,
  - (2) insurance carriers subject to the written consent of the next of kin or authorized legal representatives, and
  - (3) physicians who were responsible for the care of the decedent.
- (C) Copies of autopsy reports shall not be provided for inclusion in hospital medical records.
- (D) All requests for reports must be submitted in writing.

South Carolina

★ Law Specific to Access to Medical Records

SC Code § 17-5-120 (2022) Availability of medical records to coroner of another state
- Records, papers, or reports concerning the death of a person on file at any hospital, nursing home, or other medical facility in this State are available to a coroner of another state as they are to a coroner in this State if the deceased person was a resident of or is buried in the county in which the coroner serves in the other state. The release of these records to the coroner of another state is not prohibited by Chapter 4 of Title 30 or any other provision of law.

★ Law Referencing Release of Records

SC Code § 17-5-280 (2022) Records to be kept in office of medical examiner; index; copies; admissibility in evidence
- The medical examiner’s office must keep complete indexed records of all deaths investigated, containing all relevant information concerning the death and the autopsy report, if made. Any prosecuting attorney or law enforcement officer may secure copies of these records or information necessary for the performance of his official duties. Copies of such records or information must be furnished upon request to any party to whom the cause of death is a material issue.
SC Code § 17-5-544 (2022) Child Fatality Review team; exemptions from disclosure; public information; penalties
- (A) All information, documents, and records of the Child Fatality Review team, records acquired by the review team, or records prepared by members of the review team in the exercise of their purposes and duties pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the review team’s duties and purposes.

South Dakota

★ Law Referencing Access to Records

SD Codified L § 23-14-18.2 (2022) Jurisdiction and duties of special death investigators
- At the request of a county coroner having jurisdiction over a dead body, or at the request of a state’s attorney in deaths which may have occurred by unlawful means, the special death investigator may directly assume jurisdiction over any dead body when determination of the cause and manner of death may be in the public interest, with the same duties and responsibilities as a county coroner. With the concurrence of the county coroner, a special death investigator may issue subpoenas for witnesses or records pertaining to deaths investigated pursuant to § 23-14-18.

Tennessee

★ Law Specific to Access to Medical Records

TN Code § 38-7-110 (2021) Records Received as Evidence — Person Preparing Report May Be Subpoenaed as Witness — Reports as Public Documents — Release of Reports
- (e 1) If it is necessary to prepare a post-mortem examination report, then an authorized post-mortem official may obtain, in the manner prescribed in § 38-7-117, a needed medical, mental health or hospital record pertaining to a case under investigation pursuant to § 38-7-106.

★ Law Specific to Release of Medical Records

TN Code § 38-7-110 (2021) Records Received as Evidence — Person Preparing Report May Be Subpoenaed as Witness — Reports as Public Documents — Release of Reports
- (c) Subject to subsection (d), the reports of the county medical examiners, toxicological reports and autopsy reports shall be public documents. Medical records of deceased persons, law enforcement investigative reports, and photographs, video and other images of deceased persons shall not be public records.

Texas

★ Law Referencing Release of Records

TX Code Crim Pro § 11 (2022) Records
- (a) The medical examiner shall keep full and complete records properly indexed, giving the name if known of every person whose death is investigated, the place where the body was found, the date, the cause and manner of death, and shall issue a death certificate. The full report and detailed findings of the autopsy, if any, shall be a part of the record. Copies of all records shall promptly be delivered to the proper district, county, or criminal district attorney in any case where further investigation is advisable. The records may not be withheld, subject to a discretionary exception under Chapter 552, Government Code, except that a photograph or x-ray of a body taken during an autopsy is excepted from required public disclosure in accordance with Chapter 552, Government Code, but is subject to disclosure:
- (c) The medical examiner may release a copy of an autopsy report of a deceased person to any organ and tissue procurement organization, hospital, or other covered entity as defined by Section 181.001, Health and Safety Code, that treated the deceased person before death or procured any anatomical gift from the body of the deceased person. The release of a report under this subsection is not considered a disclosure under Chapter 552, Government Code. A report obtained under this subsection is confidential and not subject to disclosure under Chapter 552, Government Code.

Utah

★ Law Mentioning Medical Data or History but not “Records” Specifically

UT Code § 26B-8-211 (2023) Records and reports of investigations
- (1) A complete copy of all written records and reports of investigations and facts resulting from medical care treatment, autopsies conducted by any person on the body of the deceased who died in any manner listed in Section [26-4-7] 26B-8-205 and the written reports of any investigative agency making inquiry into the incident shall be promptly made and filed with the medical examiner.
- (2) The judiciary or a state or local government entity that retains a record, other than a document described in Subsection (1), of the decedent shall provide a copy of the record to the medical examiner:
  - (a) in accordance with federal law; and
  - (b) upon receipt of the medical examiner’s written request for the record.
- (3) Failure to submit reports or records described in Subsection (1) or (2), other than reports of a county attorney, district attorney, or law enforcement agency, within 10 days after the day on which the person in possession of the report or record receives the medical examiner’s written request for the report or record is a class B misdemeanor.

★ Law Referencing Release of Records

UT Code § 26B-8-217 (2023) Records of medical examiner — Confidentiality
- (1) The medical examiner shall maintain complete, original records for the medical examiner record, which shall:
  - (a) be properly indexed, giving the name, if known, or otherwise identifying every individual whose death is investigated;
  - (b) indicate the place where the body was found;
  - (c) indicate the date of death;
  - (d) indicate the cause and manner of death;
  - (e) indicate the occupation of the decedent, if available;
  - (f) include all other relevant information concerning the death; and
  - (g) include a full report and detailed findings of the autopsy or report of the investigation.
- (2 a) Upon written request from an individual described in Subsections (2)(a)(i) through (iv), the medical examiner shall provide a copy of the medical examiner’s final report of examination for the decedent, including the autopsy report, toxicology report, lab reports, and investigative reports to any of the following:
  - (i) a decedent’s immediate relative;
  - (ii) a decedent’s legal representative;
  - (iii) a physician or physician assistant who attended the decedent during the year before the decedent’s death; or
  - (iv) a county attorney, a district attorney, a criminal defense attorney, or other law enforcement official with jurisdiction, as necessary for the performance of the attorney or official’s professional duties.
- (2 c) The medical examiner may provide a copy of the medical examiner’s final report of examination, including any other reports described in Subsection (2)(a), if the final report relates to an issue of public health or safety, as further defined by rule made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
- (3) Reports provided under Subsection (2) may not include records that the medical examiner obtains from a third party in the course of investigating the decedent’s death.
- (4) The medical examiner may provide a medical examiner record to a researcher who:
  - (a) has an advanced degree;
  - (b i) is affiliated with an accredited college or university, a hospital, or another system of care, including an emergency medical response or a local health agency; or
  - (b ii) is part of a research firm contracted with an accredited college or university, a hospital, or another system of care;
  - (c) requests a medical examiner record for a research project or a quality improvement initiative that will have a public health benefit, as determined by the department; and
  - (d) provides to the medical examiner an approval from:
    - (i) the researcher’s sponsoring organization; and
    - (ii) the Utah Department of Health and Human Services Institutional Review Board.
- (5) Records provided under Subsection (4) may not include a third party record, unless:
  - (a) a court has ordered disclosure of the third party record; and
  - (b) disclosure is conducted in compliance with state and federal law.
- (6) A person who obtains a medical examiner record under Subsection (4) shall:
  - (a) maintain the confidentiality of the medical examiner record by removing personally identifying information about a decedent or the decedent’s family and any other information that may be used to identify a decedent before using the medical examiner record in research;
  - (b) conduct any research within and under the supervision of the Office of the Medical Examiner, if the medical examiner record contains a third party record with personally identifiable information;
  - (c) limit the use of a medical examiner record to the purpose for which the person requested the medical examiner record;
  - (d) destroy a medical examiner record and the data abstracted from the medical examiner record at the conclusion of the research for which the person requested the medical examiner record;
  - (e) reimburse the medical examiner, as provided in Section 26B-1-209, for any costs incurred by the medical examiner in providing a medical examiner record;
  - (f) allow the medical examiner to review, before public release, a publication in which data from a medical examiner record is referenced or analyzed; and
  - (g) provide the medical examiner access to the researcher’s database containing data from a medical examiner record, until the day on which the researcher permanently destroys the medical examiner record and all data obtained from the medical examiner record.
- (7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in consideration of applicable state and federal law, to establish permissible uses and disclosures of a medical examiner record or other record obtained under this section.
- (8) Except as provided in this chapter or ordered by a court, the medical examiner may not disclose any part of a medical examiner record.
- (9) A person who obtains a medical examiner record under Subsection (4) is guilty of a class B misdemeanor, if the person fails to comply with the requirements of Subsections (6)(a) through (d).

Vermont

★ Law Referencing Release of Records

18 V.S.A. § 5205 (2022) Death certificate when no attending physician and in other circumstances; autopsy
- (g) When a person who is committed to the custody of the Department of Corrections or who is under the supervision of the Department of Corrections dies, the Commissioner of Corrections may request to be provided with a copy of any and all reports generated pursuant to subsection (f) of this section. No such request shall be granted where the medical examiner is unable to determine a manner of death or the manner of death is classified as a homicide. In other circumstances, the request shall be granted in the discretion of the Medical Examiner for good cause shown. Reports disclosed pursuant to this subsection shall remain confidential as required by law and shall not be considered to be a public record pursuant to 1 V.S.A. § 317.

Virginia

★ Law Specific to Access to Medical Records

VA Code § 32.1-283 (2023) Investigation of deaths; obtaining consent to removal of organs, etc.; fees
- (B) … In order to facilitate the investigation, the Office of the Chief Medical Examiner is authorized to inspect and copy the pertinent medical records of the decedent whose death is the subject of the investigation.

★ Law Referencing Release of Records

VA Code § 32.1-283 (2023) Investigation of deaths; obtaining consent to removal of organs, etc.; fees
- (B) … Reports and findings of the Office of the Chief Medical Examiner shall be confidential and shall not under any circumstance be disclosed or made available for discovery pursuant to a court subpoena or otherwise, except as provided in this chapter.

ⓘ Request for Medical Records Letter Template

Commonwealth of Virginia Medical Records Request Form

Washington

★ Law Mentioning Medical Data or History but not “Records” Specifically

WA Rev Code § 70.02.210 (2023) Disclosure without patient’s authorization—Research.
- (2) In addition to the disclosures required by RCW 70.02.050 and 70.02.200, a health care provider or health care facility shall disclose health care information about a patient without the patient’s authorization if:
  - (a) The disclosure is to county coroners and medical examiners for the investigations of deaths;

★ Law Referencing Release of Records

WA Rev Code § 68.50.105 (2023) Autopsies, postmortems—Reports and records confidential—Exceptions.
- (1) Reports and records of autopsies or postmortems shall be confidential, except that the following persons may examine and obtain copies of any such report or record: The personal representative of the decedent as defined in RCW 11.02.005, any family member, the attending physician or advanced registered nurse practitioner, the prosecuting attorney or law enforcement agencies having jurisdiction, public health officials, the department of labor and industries in cases in which it has an interest under RCW 68.50.103, the secretary of the department of children, youth, and families or his or her designee in cases being reviewed under RCW 74.13.640, or the secretary of the department of social and health services or his or her designee under chapter 74.34 RCW.

West Virginia

★ Law Specific to Access to Medical Records

64 WV Code of State Rules 64-84-8 (2023) Pronouncement, Investigation, and Certification of Deaths
- (8.2.i) The OCME and the County Medical Examiner, Assistant County Medical Examiner, or County Coroner may obtain and review medical records of a person suspected to be deceased for the purposes of identification of a body; or when review of medical records of a deceased person might help determine the cause or manner of death, or answer any material question during an investigation of a death, the County Medical Examiner, Assistant County Medical Examiner, or County Coroner shall obtain the medical records under the authority of the Chief Medical Examiner and shall review them for accurate certification of death.

★ Law Specific to Release of Medical Records

64 WV Code of State Rules 64-84-8 (2023) Pronouncement, Investigation, and Certification of Deaths
- (8.2.i.1) Original medical records may not be incorporated into the medical examiner’s file.
- (8.2.i.2) Copies of these records may become part of the medical examiner’s file at the discretion of the prosector, and as part of the file, may not be released upon any request or subpoena and shall be maintained in a manner identifying them as non-disclosable except as permitted by W. Va. Code § 61-12-3, et seq.
- (8.2.i.3) Copies of medical records that are obtained under this rule, when not maintained in the final medical examiner file, at the discretion of the OCME prosector, shall be returned to the original institution or destroyed at the time of case closure.
- (8.2.j) The OCME shall radiologically or photographically document dentition or other potentially distinguishing morphologic characteristics, obtain copies of potentially useful ante-mortem imaging and medical records when available, and archive the information at the OCME. If identification of the body is established through these records, they shall become part of the OCME case file.

Wisconsin

★ Law Specific to Access to Medical Records

WI Stat § 146.82 (2023) Confidentiality of patient health care records
- (1) Confidentiality. All patient health care records shall remain confidential. Patient health care records may be released only to the persons designated in this section or to other persons with the informed consent of the patient or of a person authorized by the patient. This subsection does not prohibit reports made in compliance with s. 253.12 (2), 255.40, or 979.01; records generated and disclosed to the controlled substances board pursuant to s. 961.385; testimony authorized under s. 905.04 (4) (h); or releases made for purposes of health care operations, as defined in 45 CFR 164.501, and as authorized under 45 CFR 164, subpart E.
- (2) Access without informed consent.
  - (a) Notwithstanding sub. (1), patient health care records shall be released upon request without informed consent in the following circumstances:
    - (18) Following the death of a patient, to a coroner, deputy coroner, medical examiner or medical examiner’s assistant, for the purpose of completing a medical certificate under s. 69.18 (2) or investigating a death under s. 979.01 or 979.10. The health care provider may release information by initiating contact with the office of the coroner or medical examiner without receiving a request for release of the information and shall release information upon receipt of an oral or written request for the information from the coroner, deputy coroner, medical examiner or medical examiner’s assistant. The recipient of any information under this subdivision shall keep the information confidential except as necessary to comply with s. 69.18, 979.01 or 979.10.
WI Stat § 979.015 (2023) Subpoena for documents
- Upon the request of the coroner, medical examiner or district attorney, a court shall issue a subpoena requiring the production of documents necessary for the determination of a decedent’s cause of death. The documents may include the decedent’s patient health care records and treatment records, as defined in ss. 51.30 and 146.81 (4). The documents shall be returnable to the officer named in the subpoena.

ⓘ Request for Medical Records Letter Template

Medical Examiner’s Office Medical Records Request Form

Wyoming

★ Law Mentioning Psych History

WY Stat § 7-4-201 (2022) Reports of Death; Investigation; Summoning of Jurors; Fees and Costs; Inspection of Medical Records
- (f) Notwithstanding any other provision of law to the
  contrary, the coroner may inspect medical and psychological data
  relating to the person whose death is being investigated if the
  coroner determines the information is relevant and necessary to
  the investigation.

★ Law Mentioning Medical Data or History but not “Records” Specifically

WY Stat § 7-4-201 (2022) Reports of Death; Investigation; Summoning of Jurors; Fees and Costs; Inspection of Medical Records
- (b) When the coroner is notified that the dead body of any
  person has been found within the limits of the county or that
  the death resulted from injury sustained within the county and
  he suspects that the death is a coroner’s case, he shall conduct
  an investigation which may include:
  - (i) An examination of the body and an investigation into the medical history of the case;
- (f) Notwithstanding any other provision of law to the contrary, the coroner may inspect medical and psychological data relating to the person whose death is being investigated if the coroner determines the information is relevant and necessary to the investigation.

District of Columbia

★ Law Specific to Access to Medical Records

DC Code § 5–1407 Subpoena power for access to confidential medical records
- The Chief Medical Examiner (CME) is authorized to issue a subpoena for confidential medical records and relevant information from physicians, hospitals, nursing homes, residential care facilities and other health care providers as in the CME’s opinion is necessary for investigating deaths under this chapter.

District of Columbia

★ Law Specific to Access to Medical Records

DC Code § 5–1407 Subpoena power for access to confidential medical records
- The Chief Medical Examiner (CME) is authorized to issue a subpoena for confidential medical records and relevant information from physicians, hospitals, nursing homes, residential care facilities and other health care providers as in the CME’s opinion is necessary for investigating deaths under this chapter.

Alaska

★ Law Referencing Access to Records

AS 12.65.020. Medical Death Investigations
- (8) subpoena and examine a person or record necessary in the opinion of the medical examiner to determine the material facts relating to the death; and

★ Law Referencing Release of Records

AS 12.65.020. Medical Death Investigations
- (b) When the state medical examiner or deputy medical examiner has completed an investigation or made the inquiry considered appropriate by the examiner, the examiner shall prepare a report of the examiner’s findings and conclusions. If the findings and conclusions indicate that the death may have been caused by criminal means, the state medical examiner or the deputy medical examiner shall submit a copy of the report to the district attorney responsible for prosecutions in the location where the death occurred. The investigative report is a privileged and confidential document, not subject to public disclosure under AS 40.25.

Alabama

★ Law Specific to Access to Medical Records

AL 45-2-61.07 Hospital and Medical Records
- The Coroner can submit a Subpoena Duces to a medical doctor or hospital to obtain medical records of a decedent. This form can also be used to collect any patient samples (admission blood/urine). See also AG opinion 81-00522.

★ Law Referencing Release of Records

AL 12 Record Keeping
- All records belong to the Office of Coroner, NOT the Coroner him/herself
- These records should be turned over to the next successor of office 36-12-20
- In all cases in which it is not otherwise expressly provided, when any office is vacated, except by the death of the incumbent, all books, papers, property and money belonging or appertaining to such office shall, on demand, be delivered over to the qualified successor.

Arizona

★ Law Specific to Access to Medical Records

AZ 11-594 Powers and Duties of County Medical Examiner
- (A.) The county medical examiner or alternate medical examiner shall direct a death investigation and, on a determination that the circumstances of the death provide jurisdiction pursuant to section 11-593, subsection B, shall:
  - (4) Have subpoena authority for all documents, records and papers deemed useful in the death investigation.
- (F.) The county medical examiner or alternate medical examiner is entitled to all medical records and related records of a person for whom the medical examiner is required to certify cause of death.

★ Law Referencing Release of Records

AZ 36-509 Confidential Records, Immunity, Definition
- (A.) A health care entity must keep records and information contained in records confidential and not as public records, except as provided in this section. Records and information contained in records may be disclosed only as authorized by state or federal law, including the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E), or as follows to:
  - (23.) A county medical examiner or an alternate medical examiner directing an investigation into the circumstances surrounding a death pursuant to section 11-593.
Arizona law states that medical examiner autopsy reports are public records.

Arkansas

★ Law Specific to Access to Medical Records

AR 14-15-302 Coroner’s Investigation
- (b 2) A coroner may issue subpoenas as necessary to secure pertinent medical or other records and testimony relevant to the determination of the cause and manner of death.

California

★ Law Specific to Access to Medical Records

CA Civil Code 56.10
- (b) A provider of health care, a health care service plan, or a contractor shall disclose medical information if the disclosure is compelled by any of the following:
  - (8) By a coroner, when requested in the course of an investigation by the coroner’s office for the purpose of identifying the decedent or locating next of kin, or when investigating deaths that may involve public health concerns, organ or tissue donation, child abuse, elder abuse, suicides, poisonings, accidents, sudden infant deaths, suspicious deaths, unknown deaths, or criminal deaths, or when otherwise authorized by the decedent’s representative. Medical information requested by the coroner under this paragraph shall be limited to information regarding the patient who is the decedent and who is the subject of the investigation and shall be disclosed to the coroner without delay upon request.

ⓘ Request for Medical Records Letter Template

Orange County Sheriff-Coroner HIPAA Explanation Letter Template

Colorado

★ Law Specific to Access to Medical Records

C.R.S. 30-10-606
- (6) (a) Notwithstanding sections 12-43-218 and 13-90-107 (1)(d) or (1)(g), C.R.S., the coroner holding an inquest or investigation pursuant to this section has the authority to request and receive a copy of:
  - (I) Any autopsy report or medical information from any pathologist, physician, dentist, hospital, or health care provider or institution if such report or information is relevant to the inquest or investigation; and
  - (II) Any information, record, or report related to treatment, consultation, counseling, or therapy services from any licensed psychologist, professional counselor, marriage and family therapist, social worker, or addiction counselor, certified addiction counselor, registered psychotherapist, psychologist candidate registered pursuant to section 12-43-304 (7), C.R.S., marriage and family therapist candidate registered pursuant to section 12-43-504 (5), C.R.S., licensed professional counselor candidate registered pursuant to section 12-43-603 (5), C.R.S., or person described in section 12-43-215, C.R.S., if the report, record, or information is relevant to the inquest or investigation.

★ Law Mentioning Psych History

C.R.S. 30-10-606
- (6 II) Any information, record, or report related to treatment, consultation, counseling, or therapy services from any licensed psychologist, professional counselor, marriage and family therapist, social worker, or addiction counselor, certified addiction counselor, registered psychotherapist, psychologist candidate registered pursuant to section 12-43-304 (7), C.R.S., marriage and family therapist candidate registered pursuant to section 12-43-504 (5), C.R.S., licensed professional counselor candidate registered pursuant to section 12-43-603 (5), C.R.S., or person described in section 12-43-215, C.R.S., if the report, record, or information is relevant to the inquest or investigation.

★ Law Referencing Release of Records

Colorado Open Records Act (CORA) (C.R.S. 24-72-201 to 24-72-309)
- Autopsy reports are “public records”, as defined in this section. Denver Publ’g Co. v. Dreyfus, 184 Colo. 288, 520 P.2d 104 (1974).

★ Law Specific to Release of Medical Records

C.R.S. 30-10-606
- (6 II c) The coroner or his or her designee shall not release to any party any information, record, or report described in subparagraph (II) of paragraph (a) of this subsection (6) that the coroner obtains pursuant to paragraph (a) of this subsection (6).

ⓘ Request for Medical Records Letter Template

Office of the Medical Examiner (Denver) Records Request

Connecticut

★ Law Specific to Access to Medical Records

CT Sec. 19a-407 (Formerly Sec. 19-531) Reports of Deaths Procedure
- (c) In conducting such investigations or examinations, the Chief Medical Examiner may issue subpoenas requiring the production of medical reports, records or other documents concerning the death under investigation and compelling the attendance and testimony of any person having pertinent knowledge of such death.

★ Law Referencing Release of Records

CT Sec. 19a-411 (Formerly Sec. 19-535) Records
- (b) The report of examinations conducted by the Chief Medical Examiner, Deputy Chief Medical Examiner, an associate medical examiner or an authorized assistant medical examiner, and of the autopsy and other scientific findings may be made available to the public only through the Office of the Chief Medical Examiner and in accordance with this section, section 1-210 and the regulations of the commission. Any person may obtain copies of such records upon such conditions and payment of such fees as may be prescribed by the commission, except that no person with a legitimate interest in the records shall be denied access to such records, and no person may be denied access to records concerning a person in the custody of the state at the time of death. As used in this section, a “person in the custody of the state” is a person committed to the custody of (1) the Commissioner of Correction for confinement in a correctional institution or facility or a community residence, (2) the Commissioner of Children and Families, or (3) the Commissioner of Developmental Services.
- (c) … Where such information is made available for scientific or research purposes, such conditions shall include a requirement that the identity of the deceased persons shall remain confidential and shall not be published.

ⓘ Request for Medical Records Letter Template

State of Connecticut Medical Record Request Form

Delaware

★ Law Referencing Release of Records

29 DE 4707
- (e) Upon written request the next of kin of the deceased shall receive a copy of the postmortem examination report, the autopsy report and the laboratory reports, unless there shall be a criminal prosecution pending in which case no such reports shall be released until the criminal prosecution shall have been finally concluded. The charge for completion of an insurance form for proof of death shall be $5.00.

★ Law Specific to Release of Medical Records

45 CFR § 164.512 Uses and disclosures for which an authorization or opportunity to agree or object is not required
- (g) Standard: Uses and disclosures about decedents—
  - (1) Coroners and medical examiners. A covered entity may disclose protected health information to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law. A covered entity that also performs the duties of a coroner or medical examiner may use protected health information for the purposes described in this paragraph.

Florida

★ Law Referencing Release of Records

406.135 Autopsies; confidentiality of photographs and video and audio recordings; confidentiality of reports of minor victims of domestic violence; exemption.
- (2)(a) A photograph or video or audio recording of an autopsy held by a medical examiner is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a surviving spouse may view and copy a photograph or video recording or listen to or copy an audio recording of the deceased spouse’s autopsy. If there is no surviving spouse, then the surviving parents shall have access to such records. If there is no surviving spouse or parent, then an adult child shall have access to such records.
AGO 78-23 Medical Examiners Act, Public Records
- Autopsy reports made pursuant to law are public records which must be made available for public inspection and examination unless exempted by special act. If not exempted from disclosure by special act, an autopsy report may be kept confidential only to the extent necessary to ensure that a criminal investigation would not be significantly impeded and enable violators of the criminal laws to escape detection and apprehension. Documents or records made confidential by statute do not lose such status upon receipt by the medical examiner.

Georgia

★ Law Specific to Access to Medical Records

GA Code § 45-16-27 (2022) When Inquest to Be Held; Special Situations; Coroner’s Fee; Issuance of Subpoenas; Cost of Copying; Limited Disclosure of Photographs
- (c) When a coroner or a medical examiner or a medical examiner from the office of chief medical examiner, as established in Code Section 35-3-153, conducts an investigation into the death of an individual, the coroner, medical examiner, or medical examiner from the office of chief medical examiner shall be authorized to issue subpoenas to compel the production of any books, records, including but not limited to medical records from hospitals, medical clinics, psychiatric hospitals, physicians’ offices, chiropractors’ offices, and any other health care delivery facility, or papers relevant to the cause of death including without limitation AIDS confidential information as defined by Code Section 31-22-9.1. Any books, records, or papers received by the coroner, medical examiner, or medical examiner from the office of chief medical examiner pursuant to the subpoena must be regarded as confidential information and privileged and not subject to disclosure under Article 4 of Chapter 18 of Title 50. The actual costs of copying any books, records, or papers for the purposes of responding to a subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner or county medical examiner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county. A medical examiner from the office of chief medical examiner shall pay the costs of copying from state funds within 30 days after a bill therefor is submitted to the state.

★ Law Referencing Release of Records

GA Code § 45-16-27 (2022) When Inquest to Be Held; Special Situations; Coroner’s Fee; Issuance of Subpoenas; Cost of Copying; Limited Disclosure of Photographs
- (d) Autopsy photographs shall not be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50; provided, however, that this subsection shall have no application to the disclosure of such photographs to law enforcement agencies and prosecutors for law enforcement purposes or, in closed criminal investigations, to medical schools, medical facilities, and physicians for medical purposes; to individuals who have secured a written release from the deceased’s next of kin; or to the next of kin. It shall be the responsibility of the next of kin to show proof of the familial relationship. For purposes of securing a written release or when access to the photographs is requested by the next of kin, the deceased’s next of kin shall be: 
  1. The spouse of the deceased if living; 
  2. If there is no living spouse of the deceased, an adult child of the deceased; 
  3. If there is no living spouse or adult child, a parent of the deceased; 
  4. If there is no living spouse, adult child, or parent, a sibling of the deceased; 
  5. If there is no living spouse, adult child, parent, or sibling of the deceased, a grandparent of the deceased; 
  6. If none of the above are living, an uncle of the deceased; 
  7. If none of the above are living, an aunt of the deceased; or 
  8. If none of the above are living, a first cousin of the deceased. 
    - A superior court may, in closed criminal investigations, order the disclosure of such photographs upon findings in writing that disclosure is in the public interest and that it outweighs any privacy interest that may be asserted by the deceased’s next of kin. In any such action, the court shall review the photographs in question in camera and may condition any disclosure on such measurers as the court may deem necessary to accommodate the interests of the parties before it.
(e 1) Crime scene photographs and video recordings, including photographs and video recordings created or produced by a state or local agency or by a perpetrator or suspect at a crime scene, which depict or describe a deceased person in a state of dismemberment, decapitation, or similar mutilation including, without limitation, where the deceased person’s genitalia are exposed, shall not be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50; provided, however, that this subsection shall not prohibit disclosure of such material to the deceased’s next of kin or to an individual who has secured a written release from the next of kin. It shall be the responsibility of the next of kin to show proof of the familial relationship. For purposes of such access, the deceased’s next of kin shall be:
- (A) The spouse of the deceased if living;
- (B) If there is no living spouse of the deceased, an adult child of the deceased; or
- (C) If there is no living spouse or adult child, a parent of the deceased.
(e 2) Subject to the provisions of paragraph (3) of this subsection, in the case of closed criminal investigations a superior court may order the disclosure of such photographs or video recordings upon findings in writing that disclosure is in the public interest and outweighs any privacy interest that may be asserted by the deceased person’s next of kin. In making such determination, the court shall consider whether such disclosure is necessary for public evaluation of governmental performance, the seriousness of the intrusion into the family’s right to privacy, and whether such disclosure is the least intrusive means available considering the availability of similar information in other public records. In any such action, the court shall review the photographs in question in camera with the custodian of crime scene materials present and may condition any disclosure on such condition as the court may deem necessary to accommodate the interests of the parties.
(e 3) Prior to releasing any crime scene material described in paragraph (1) of this subsection, the custodian of such material shall give the deceased person’s next of kin at least two weeks’ notice. No court shall order a disclosure pursuant to paragraph (2) of this subsection which would disregard or shorten the duration of such notice requirement.

Introduction

Tag: Tools

Hawaii

★ Law Specific to Access to Medical Records

★ Law Referencing Release of Records

Idaho

★ Law Referencing Access to Records

★ Law Specific to Release of Medical Records

ⓘ Request for Medical Records Letter Templates

Illinois

★ Law Referencing Release of Records

Indiana

★ Law Specific to Access to Medical Records

Iowa

★ Law Referencing Access to Records

Kansas

★ Law Specific to Access to Medical Records

Kentucky

★ Law Specific to Access to Medical Records

★ Law Referencing Release of Records

Louisiana

★ Law Referencing Access to Records

★ Law Referencing Release of Records

Maine

★ Law Referencing Access to Records

★ Law Specific to Access to Medical Records

★ Law Specific to Release of Medical Records

Maryland

★ Law Referencing Release of Records

Massachusetts

★ Law Specific to Access to Medical Records

Michigan

★ Law Specific to Access to Medical Records

★ Law Specific to Release of Medical Records

ⓘ Request for Medical Records Letter Template

Minnesota

★ Law Specific to Access to Medical Records

★ Law Mentioning Psych History

★ Law Specific to Release of Medical Records

Mississippi

★ Law Specific to Access to Medical Records

★ Law Specific to Release of Medical Records

Missouri

★ Law Referencing Release of Records

Montana

★ Law Specific to Access to Medical Records

★ Law Referencing Release of Records

★ Law Specific to Release of Medical Records

ⓘ Request for Medical Records Letter Template

Nebraska

★ Law Referencing Access to Records

Nevada

★ Law Referencing Access to Records

★ Law Specific to Release of Medical Records

ⓘ Request for Medical Records Letter Templates

New Hampshire

★ Law Specific to Access to Medical Records

★ Law Specific to Release of Medical Records

New Jersey

★ Law Specific to Access to Medical Records

★ Law Referencing Release of Records

New Mexico

★ Law Specific to Release of Medical Records

New York

★ Law Referencing Release of Records

North Carolina

★ Law Specific to Access to Medical Records

★ Law Referencing Release of Records

North Dakota

★ Law Referencing Release of Records

ⓘ Request for Medical Records Letter Templates

Ohio

★ Law Specific to Access to Medical Records

★ Law Mentioning Psych History

★ Law Referencing Release of Records

Oklahoma

★ Law Specific to Access to Medical Records

★ Law Specific to Release of Medical Records

Oregon

★ Law Specific to Access to Medical Records