§ 36-2-14-10 — Coroner's verdict and report; autopsy records; confidentiality

(a) After viewing the body, hearing the
evidence, and making all necessary inquiries, the coroner shall draw up
and sign the coroner's verdict on the death under consideration. The
coroner shall also make a written report giving an accurate description
of the deceased person, the deceased person's name if it can be
determined, and the amount of money and other property found with
the body. The verdict and the written report are subject to inspection
and copying under IC 5-14-3-3.
(b) Except as provided in subsections (c), (d), and (e), a photograph,
video recording, or audio recording of an autopsy in the custody of a
medical examiner is declared confidential for purposes of IC 5-14-3-4(a)(1).
(c) A surviving spouse may:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of the deceased spouse's autopsy. If there is no surviving spouse, the
surviving parents shall have access to the records under this section. If
there is no surviving spouse or parent, an adult child shall have access
to the records.
(d) Upon making a written request, a unit (as defined in IC 36-1-2-23), the state, an agency of the state, the federal government, or
an agency of the federal government, while in performance of their
official duty, may:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of an autopsy. Unless otherwise required in the performance of official
duties, the identity of the deceased must remain confidential.
(e) The coroner or the coroner's designee having custody of a
photograph, a video recording, or an audio recording of an autopsy may
use or allow the use of the photograph, video recording, or audio
recording of the autopsy for case consultation with a pathologist or
forensic scientist. The coroner or the coroner's designee having custody
of a photograph, a video recording, or an audio recording of an autopsy
may also use or allow the use of the photograph, video recording, or
audio recording for training or educational purposes (as defined in IC 16-39-7.1-1.5) if all information that identifies the individual on whom
the autopsy was performed is masked or removed from the photograph,
video recording, or audio recording. For purposes of this subsection,
information that identifies an individual consists of:
(1) the name;
(2) the address;
(3) the Social Security number;
(4) a full view of the face; or
(5) identifying marks on the body that are unrelated to the medical
condition or medical status;
of the deceased individual. A coroner or coroner's designee who allows
the use of autopsy information under this subsection has a duty to
disclose to each person to whom the coroner or coroner's designee
releases it that the information is confidential and may not be used for
a purpose other than the purpose for which it was originally released.
Information disclosed under this subsection is confidential. A coroner
or coroner's designee who fails to disclose the confidentiality
restrictions of this information commits a Class A misdemeanor.
(f) Except as provided in subsection (e), the coroner or the coroner's
designee having custody of a photograph, a video, or an audio
recording of an autopsy may not permit a person to:
(1) view or copy the photograph or video recording; and
(2) listen to or copy the audio recording;
of an autopsy without a court order.
(g) A court, upon a showing of good cause, may issue an order
authorizing a person to:
(1) view or copy a photograph or video recording; and
(2) listen to or copy an audio recording;
of an autopsy, and may prescribe any restrictions or stipulations that the
court considers appropriate.
(h) In determining good cause under subsection (g), the court shall
consider:
(1) whether the disclosure is necessary for the public evaluation
of governmental performance;
(2) the seriousness of the intrusion into the family's right to
privacy;
(3) whether the disclosure of the photograph, video recording, or
audio recording is by the least intrusive means available; and
(4) the availability of similar information in other public records,
regardless of form.
(i) In all cases, the viewing, copying, listening to, or other handling
of a photograph, video recording, or audio recording of an autopsy
must be under the direct supervision of the coroner, or the coroner's
designee, who is the custodian of the record.
(j) A surviving spouse shall be given:
(1) reasonable notice of the petition filed with the court to view or
copy a photograph or video recording of an autopsy or a petition
to listen to or copy an audio recording;
(2) a copy of the petition filed with the court to view or copy a
photograph or video recording of an autopsy or a petition to listen
to or copy an audio recording; and
(3) reasonable notice of the opportunity to be present and heard
at any hearing on the matter.
(k) If there is no surviving spouse, the notice under subsection (j)
must be given to the deceased's parents, and if the deceased has no
living parent, the notice must be given to the adult children of the
deceased.
(l) A coroner or coroner's designee who:
(1) is the custodian of a photograph, a video recording, or an
audio recording of an autopsy; and
(2) knowingly or intentionally violates this section;
commits a Class A misdemeanor.
(m) A person who knowingly or intentionally violates a court order
issued under this section commits a Class A misdemeanor.
(n) A person who:
(1) receives autopsy information under subsection (e); and
(2) knowingly or intentionally uses the information in a manner
other than the specified purpose for which it was released;
commits a Class A misdemeanor.
[Pre-Local Government Recodification Citations: 17-3-17-7;
17-3-17-8 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by
P.L.4-1994, SEC.22; P.L.271-2001, SEC.4; P.L.179-2003, SEC.6;
P.L.127-2017, SEC.97.