§ 23-01-05.5 — Autopsy reports, working papers, and images - Confidential - Exceptions

North Dakota § 23-01-05.5

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-01: Health Division

Text

1. As used in this section:
a. "Autopsy report" means the report of the forensic examiner or the examiner's
designee on the post-mortem examination of a deceased individual to determine
the cause and manner of death, including any written analysis, diagram,
photograph, or toxicological test results.
b. "Notes" means the notes or dictations taken or created by the state forensic
examiner or the examiner's designee during the course of an investigation into
the cause and manner of death of a decedent.
c. "Report of death" means the official findings on the cause of death and manner of
death issued by the state forensic examiner, the examiner's designee, county
coroner, or pathologist performing an autopsy ordered by a county coroner or by
the state forensic examiner and which is the face page of the autopsy report
identifying the decedent and stating the cause of death and manner of death.
d. "Working papers" means the medical records, investigatory records, law
enforcement records, and other records or materials collected or compiled by the
state forensic examiner or the examiner's designee and the notes or dictations
created by the state forensic examiner or the examiner's designee during the
course of an investigation into the cause and manner of death of a decedent. The
term does not include autopsy photographs or other visual images or video or
audio recordings of an autopsy taken by the state forensic examiner, the
examiner's designee, prosecutor, criminal justice agency, any employee or agent
of a criminal justice agency, or any other individual, or other photographs or visual
images of the decedent which may have been taken by law enforcement or other
individuals.
2. The report of death is subject to disclosure as follows:
a. If requested before the report of death becomes a public record, the next of kin or
authorized representative requesting the report of death is responsible for
providing to the state forensic examiner or the examiner's designee satisfactory
proof of relationship to the deceased and contact information for notification of the
report of death.
b. When in receipt of the information in subdivision a, the state forensic examiner,
examiner's designee, county coroner, or pathologist who performed the autopsy
shall make a good faith effort to immediately notify the decedent's next of kin or
authorized representative of the availability of the report of death. The notification
or attempts to notify the next of kin or authorized representative must be recorded
and must precede any public disclosure of the report of death.
c. The report of death becomes a public record eight days after the report of death
is finalized.
3. Working papers relating to a final autopsy report may be disclosed in accordance with
section 44-04-18.11 and subsection 5.
4. An autopsy report is confidential and may be disclosed in accordance with section
44-04-18.11 and subsections 5 and 6.
5. The state forensic examiner or the examiner's designee shall disclose a copy of the
autopsy report and working papers to:
a. A county coroner, including a coroner in any state or Canadian province, with
jurisdiction over the death, and the coroner may use or disclose these records for
purposes of an investigation, inquest, or prosecution.
b. A prosecutor or criminal justice agency, as defined by section 44-04-18.7,
including a prosecutor or criminal justice agency of the United States, any state,
or any Canadian province, with jurisdiction over an investigation of the death and
the prosecutor or criminal justice agency may use or disclose these records for
the purposes of an investigation or prosecution.

c. Workforce safety and insurance if the death is related to the decedent's work, and
to any other workers' compensation or other similar program, established by law,
that provides benefits for work-related injuries or illness without regard to fault if
there is no criminal investigation.
d. The child fatality review panel if there is no active criminal investigation.
e. The suicide fatality review commission if there is no active criminal investigation.
f. To the department of corrections and rehabilitation if the decedent was an inmate
in a county, regional, or state correctional facility.
g. In accordance with a court order.
6. If there is no active criminal investigation, the state forensic examiner or the
examiner's designee upon request shall disclose a copy of the autopsy report to:
a. The decedent's personal representative.
b. The decedent's spouse, child eighteen years of age or older, or parent, upon
proof of the relationship.
c. A physician or hospital that treated the decedent immediately before death.
d. An insurance company upon proof the decedent's life was covered by a policy
issued by the company.
e. The food and drug administration, the national transportation safety board, the
occupational health and safety administration, and any other federal or state
agency with authority to obtain an autopsy report to investigate a death resulting
from the decedent's type of injury or illness.
f. A professional or research organization collecting data to initiate or advance
death investigation standards, after the identifiers necessary to create a limited
data set under title 45, Code of Federal Regulations, part 164, section 514,
subsection e have been removed from the report.
g. The maternal mortality review committee.
7. An autopsy photograph or other visual image or a video or audio recording of an
autopsy taken by the state forensic examiner, the examiner's designee, prosecutor,
criminal justice agency, any employee or agent of a criminal justice agency, or any
other individual is confidential and may be disclosed in accordance with section
44-04-18.11 and as provided in this subsection:
a. The state forensic examiner or the examiner's designee shall, upon request,
disclose a copy of autopsy photographs or other visual images or video or audio
recordings of an autopsy to any prosecutor or criminal justice agency as defined
by section 44-04-18.7, including a prosecutor or criminal justice agency of the
United States, any state, or any Canadian province, with jurisdiction over an
investigation of the death and the prosecutor or criminal justice agency may use
or disclose these records for the purposes of an investigation or prosecution.
b. After redacting all information identifying the decedent, including name, address,
and social security number, and anonymizing facial recognition, a medical
examiner, coroner, or physician may use an autopsy photograph, image, or video
or audio recording for:
(1) Medical or scientific teaching or training purposes;
(2) Teaching or training of law enforcement personnel;
(3) Teaching or training of attorneys or others with a bona fide professional
need to use or understand forensic science;
(4) Conferring with medical or scientific experts;
(5) Publication in a scientific or medical journal or textbook; or
(6) Teaching or training of coroner personnel or other licensed or certified
medical professionals.
c. The decedent's spouse, child eighteen years of age or older, or parent, upon
proof of the relationship, may view an autopsy photograph, image, or recording in
the business office of a medical examiner, coroner, or physician who has
possession of the materials, if there is not an active criminal investigation or
prosecution.

d. Upon receipt by the requestor of a court order requiring disclosure and a court-
issued protective order in accordance with section 44-04-18.11, the state forensic
examiner or the examiner's designee shall disclose a copy of autopsy
photographs or other visual images or video or audio recordings of an autopsy to
the decedent's spouse, child eighteen years of age or older, or parent, upon proof
of the relationship.
8. Other photographs or visual images of the decedent in the possession of the forensic
examiner, the examiner's designee, or any county coroner which may have been taken
by law enforcement or other persons are confidential.
9. Notes are confidential records.
10. The forensic examiner, the examiner's designee, any county coroner or county medical
coroner, and any public employee who, in good faith, discloses autopsy findings, an
autopsy report, working papers, autopsy photograph, notes, other photographs or
visual images of a decedent, or a video or audio recording of an autopsy, or other
information relating to an autopsy report or cause of death to a person who the public
official or employee reasonably believes is entitled to that information under this
section is immune from any liability, civil or criminal, for making that disclosure. For the
purposes of any proceeding, the good faith of any public employee who makes a
disclosure under this section is presumed.