§19. 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.
(2) For purposes of this Subsection, the phrase "medical record or personal medical
history of a deceased person" shall mean information regarding the physical, mental, or
behavioral health or condition of a deceased person prior to death.
(3) The provisions of Paragraph (1) of this Subsection shall not apply to a death
certificate, fact of death letter, or coroner's report.
B. Notwithstanding any other provision of law to the contrary, photographs, video,
or other visual images, in whatever form, of or relating to an autopsy conducted under the
authority of the office of the coroner shall be confidential, are deemed not to be public
records, and shall not be released by the office of the coroner or any officer, employee, or
agent thereof except as otherwise provided in this Section.
C. Nothing in this Section shall prevent the release of information in the custody of
a coroner, including autopsy photographs, video, or other visual images, in whatever form,
of or relating to an autopsy conducted under the authority of the office of the coroner as
follows:
(1) To a family member of the deceased or his designee.
(2) To the succession representative of the deceased's estate or his designee.
(3) To a law enforcement agency, for official use only.
(4) To a qualified dentist, forensic anthropologist, or forensic pathologist as
necessary to establish the identity of the deceased.
(5) As directed by a court order or subpoena.
D. Nothing in this Section shall prevent the inspection of photographs, video, or
other visual images, in whatever form, of or relating to an autopsy.
E. Coroner death investigation documents shall include the following:
(1) A fact of death letter is a written statement attesting to the fact of death, which
shall constitute proof of death for all purposes, including but not limited to any claim under
any policy of insurance issued on the life of the deceased individual. The fact of death letter
shall be a public record. The fact of death letter shall be provided, upon request, to the
spouse, parent, sibling, child, grandchild, niece, nephew, aunt, or uncle of the decedent. If
there is no spouse, parent, sibling, child, grandchild, niece, nephew, aunt, or uncle of the
decedent, then the coroner shall provide one copy of the autopsy report, upon request, to the
next of kin.
(2) A death investigation report is the work product of the coroner and is an internal
document that comprehensively records the findings and all known information about the
case created by both the investigative and administrative staff of the coroner's office. The
death investigation report is not a public document. However, it shall be made available at
no charge to the appropriate law enforcement agencies as requested and is subject to
subpoena. The death investigation report shall also be made available, upon request, to the
spouse, parent, sibling, child, grandchild, niece, nephew, aunt, or uncle of the decedent. If
there is no spouse, parent, sibling, child, grandchild, niece, nephew, aunt, or uncle of the
decedent, then the coroner shall provide one copy of the autopsy report, upon request, to the
next of kin.
(3) A coroner's report is a document that includes the name of the decedent, address,
sex, date of birth, age, and race of the decedent, date and time of death, place of death, date
and time of autopsy, when applicable, and the cause and manner of death, including any
scientifically contributing factors. The coroner's report is a public record, and the coroner
or his designee shall release this report to the news media, any other person, the Department
of Children and Family Services, when appropriate, the spouse, parent, sibling, child,
grandchild, niece, nephew, aunt, or uncle of the decedent, or to the person with the right to
control and authorize the interment of the decedent as provided in R.S. 8:655(A). However,
nothing in this Paragraph shall authorize the release of the information set forth in this
Paragraph prior to notification of the next of kin of the deceased unless no next of kin can
be determined or, despite reasonable efforts by the coroner's office, no next of kin can be
located. The provisions of this Paragraph shall not require the release of information in non-coroner cases, nor shall it prohibit the coroner from releasing information pursuant to R.S.
13:5713 or Children's Code Article 609 to the Department of Children and Family Services.
(4) A post-mortem forensic medical examination report, referred to as the "autopsy
report", may include an external examination only, an external examination with toxicology,
toxicology only, or an autopsy with supporting laboratory evaluation. The post-mortem
forensic medical examination report is a document that is the work product of the coroner
that contains the name of the decedent, address, date of birth, age, sex, and race of the
decedent, date and time of death, place of death, date and time of autopsy, when applicable,
name of the doctor performing the autopsy and names of all persons present at the autopsy,
and information regarding the autopsy, including whether the autopsy was requested or
performed by operation of law, a listing of the physical findings of the autopsy, a summary
in narrative form of the medical findings and conclusions, toxicology, histology, and
radiology findings, when applicable, and the cause and manner of death. The post-mortem
forensic medical examination report is not a public document except as provided in
Paragraph (6) of this Subsection, or if ordered opened to the public by a court of competent
jurisdiction. However, it shall be made available at no charge to the appropriate law
enforcement agencies as requested and is subject to subpoena. The coroner shall provide one
copy of this document upon request by the spouse, parent, sibling, child, grandchild, niece,
nephew, aunt, or uncle of the decedent, or the next of kin pursuant to R.S. 8:655(A) and one
copy of this document upon request by the decedent's physician. The provisions of this
Paragraph shall not apply to the medical records of the decedent or any records generated by
any public entity other than the coroner and those records shall be obtained from the entity
generating them in accordance with other applicable provisions of law.
(5) Nothing in this Subsection shall prohibit a coroner from providing the documents
described in this Subsection to the Louisiana Department of Health, office of public health,
for mortality surveillance and other purposes related to public health. The office of public
health shall treat any such documents as confidential, and such documents shall not be
subject to release pursuant to a public records request or subpoena to the Louisiana
Department of Health or the office of public health.
(6) Notwithstanding any other provision of this Section, any post-mortem forensic
medical examination report used in the investigation of any criminal activity or death of any
person in the custody or control of any law enforcement or corrections entity authorized by
the constitution and laws of the United States or the state of Louisiana is a public record
subject to the provisions of R.S. 44:3(A)(1).