Grim , A. See In re Say v. Lehigh Cty. No specific exemption; however, presumably closed because of R. As a consequence of the death of stock car racer Dale Earnhardt, legislation was adopted to preclude access to autopsy photographs and similar materials.
The Sumter County Coroner denied a request by The Item newspaper for access to an autopsy report on grounds that it was a medical record and restricted by HIPAA, neither position seems to be supported by anything other than the imagination of the Coroner. Perry v. Bullock , S. Arguably these are open once arrest is made following inquest.
University of South Dakota medical school must keep record of bodies received. Physician or coroner fetal death report filed with department of health. In hands of law enforcement could be exempt. Presumably open, however, medical examiners will not release these records if they are a part of an active law enforcement investigation.
ORD JC In addition, the county attorney, the district attorney, the attorney general, or other law enforcement officials having jurisdiction may, upon written request, secure copies of the original records where necessary for the performance of their duties.
Otherwise, the medical examiner shall maintain the confidentiality of the records. See id. To the extent that a report is used at trial, that report is generally open to the public.
Records compiled in conjunction with autopsies performed by or at the direction of the Chief Medical Examiner are not considered public records pursuant to 1 V. Autopsies remain confidential and beyond the scope of public records requests even if those reports are provided to the Department of Corrections or the Domestic Violence Fatality Review Commission.
The Chief Medical Examiner may release such reports to the appropriate Commonwealths' Attorney or law enforcement agency investigating the death. Confidential records and information obtained from private and public entities and provided to the Office of the Chief Medical Examiner during the course of a death investigation shall remain confidential and shall not be subject to the provisions of the Act. Autopsy reports are confidential under RCW Coroner records that identify the deceased may be withheld for 48 hours or until the next of kin is notified, although the official may exercise discretion to release the records earlier to aid in identifying the deceased.
RCW It could be argued that autopsy reports and records of the state medical examiner could fall within the "personal information" exemption of the FOIA, and thus be subject to the Cline balancing test.
See 51 W. Based upon other decisions, it is possible that the Supreme Court of Appeals might recognize some degree of privacy protection even for records of deceased persons. See Jeffery v. McHugh , W.
However, the fact that autopsy reports would not directly affect the privacy rights of any living person undoubtedly would be important in the Cline balancing process.
Child Protection Group v Cline, S. Autopsy and other records of the medical examiner should be disclosed to the family representative of a deceased person as a matter of right under FOIA. Note that there is a specific statute mandating disclosure of autopsy reports made by the state medical examiner to persons to whom the cause of death is "a material issue. Copies of such records or information shall be furnished, upon request, to any party [in court proceedings] to whom the cause of death is a material issue.
As noted above, where such information is of such a personal nature, disclosure depends on a balancing test that weighs privacy and public interests. Child Protection Group v. Cline , W. Autopsy reports are subject to the balancing test. Aagerup , Wis. Pursuant to amendments adopted in , only the coroner's verdict is open. The verdict must contain any relevant toxicology information. For good cause, a petitioner may ask the Court to allow public access to the complete autopsy reports.
Skip to content A. Autopsy and coroners reports. Alabama Most autopsies in Alabama are performed by the State Department of Forensic Sciences, and records of those autopsies are expressly public by statute. Alaska AS Arkansas Autopsy reports prepared by the State Medical Examiner are not considered medical records; however, these records are confidential under Ark.
California Public, unless compiled by law enforcement, for law enforcement purposes, and the prospect of law enforcement is concrete and definite. Colorado Open. Connecticut In Galvin v.
District of Columbia Under D. Florida Generally, autopsy reports made by a district examiner are subject to Chapter Public Records Law. Hawaii Autopsy reports prepared by the Medical Examiner are public records. Idaho Autopsy reports are not specifically exempted under the public records act. Kentucky Autopsy and coroner's reports are generally available under the Open Records Act. Louisiana La. Maine Maine does not have county coroners. Massachusetts Courts have treated autopsy reports as medical records exempt from disclosure pursuant to exemption c.
Michigan Open. Mississippi Are exempt from disclosure. Missouri Coroners are required to prepare and file reports of autopsies performed on bodies where death by criminal action is suspected. Montana Open unless demands of individual privacy clearly exceed the merits of public disclosure. Nebraska No specific exception. Nevada The Nevada Supreme Court has held that autopsy reports are not categorically exempt from disclosure under the NPRA, although certain "private medical or health-related information" may be redacted, pursuant to a two-part balancing test set forth in Cameranesi v.
New Jersey Generally, cause-of-death information is confidential. Autopsy Reports Requests Title. Background Image Location. Link Location. Launch Behavior. Background Image Cluster Horizontal Start. Background Image Cluster Vertical Start. Compliance Details. The postmortem report, or autopsy report if an autopsy was performed, may take up to 60 days to complete, although most are completed within 30 days.
In rare cases, the final report may take more than 60 days. A request for an autopsy report generally includes the report of the postmortem examination, toxicology report and reports of any other studies or examinations by consultants. If the investigative report is needed, this should be requested separately. You may request medical examiner records under the Michigan Freedom of Information Act.
Connect with Onondaga County. How May We Help You? Where Can I Find? Authorized Requestors: 1. Legal Next-of-Kin 2. Attorneys and Insurance Companies 3. Physicians and Healthcare Facilities 1. Please do not submit a request for reports if there are surviving relatives that come before you in the list below: FIRST:.
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