§ 611-B:21 — Autopsy and Investigative Reports

I. The medical examiner shall charge a reasonable fee for each autopsy report made available upon request. Such fee shall be credited to the medico-legal investigation fund established under RSA 611-B:28.
II. Homicide autopsy reports shall be made available only to the department of justice unless a written release is provided by the department of justice.
III. Except as provided otherwise by law and in rules adopted by the chief medical examiner pursuant to RSA 541-A, autopsy reports, investigative reports, and supporting documentation are confidential medical records and, as such, are exempt from the provisions of RSA 91-A. Copies of such documents may be made available to the next of kin, a law enforcement, prosecutorial, or other governmental agency involved in the investigation of the death, the decedent's treating physician, and a medical or scientific body or university or similar organization for educational or research purposes. Autopsy reports, investigative reports, and supporting documents shall not otherwise be released without the authorization of next of kin.
IV. For any autopsy conducted pursuant to RSA 126-A:5, V, a report of any autopsy requested by the commissioner of health and human services shall be provided to the commissioner's quality assurance program and any autopsy findings, test results, reports, or any other information pertaining to the autopsy shall be treated by the department of health and human services in accordance with the quality assurance program under RSA 126-A:4, IV. The copy of the report provided to the department under this section shall be privileged and confidential as provided in RSA 126-A:4, IV(b), except that the medical examiner may forward a copy of the report to the department of justice if the medical examiner finds that the cause of death may be attributable to criminal conduct, or may otherwise disclose the report in accordance with this statute.

Legislative History

2007, 324:1, eff. Sept. 14, 2007.