CHAPTER 7.1. AUTOPSY RECORDS
IC 16-39-7.1
Chapter 7.1. Autopsy Records
IC 16-39-7.1-1
Applicability of chapter
Sec. 1. This chapter applies to a physician.
As added by P.L.271-2001, SEC.3.
IC 16-39-7.1-1.5
"Training or educational purposes"
Sec. 1.5. As used in this chapter, "training or educationalpurposes" means for the purpose of:
(1) teaching or giving lectures to:
(A) medical students;
(B) physicians;
(C) coroners;
(D) law enforcement personnel;
(E) public safety personnel;
(F) attorneys; or
(G) an individual who relies upon information or recordsregulated under this chapter in the course of the individual'sprofession or occupation;
(2) publication in professional medical:
(A) books; or
(B) periodicals; or
(3) use in:
(A) training videos; or
(B) computer programs.
As added by P.L.179-2003, SEC.2.
IC 16-39-7.1-2
Confidentiality of records
Sec. 2. Except as provided in section 3 of this chapter, aphotograph, a video recording, or an audio recording of an autopsyin the custody of a physician is confidential.
As added by P.L.271-2001, SEC.3.
IC 16-39-7.1-3
Access to records; confidentiality
Sec. 3. (a) 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, thesurviving parents shall have access to the records under thissubsection. If there is no surviving spouse or parent, an adult childshall have access to the records.
(b) Upon making a written request, a unit (as defined inIC 36-1-2-23), the state, an agency of the state, the federalgovernment, or an agency of the federal government, while inperformance 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 theirduties, the identity of the deceased must remain confidential.
(c) The physician having custody of a photograph, a videorecording, or an audio recording of an autopsy may use or allow theuse of the photograph, video recording, or audio recording of theautopsy for case consultation with a pathologist or forensic scientist.The physician having custody of a photograph, a video recording, oran audio recording of an autopsy may also use or allow the use of thephotograph, video recording, or audio recording of the autopsy fortraining or educational purposes if all information that identifies theindividual on whom the autopsy was performed is masked orremoved from the photograph, video recording, or audio recording.For purposes of this subsection, information that identifies anindividual 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 theeducational purpose of the information or to the medicalcondition or the medical status;
of the deceased individual. A physician who allows the use ofautopsy information under this subsection has a duty to disclose toeach person to whom the physician releases it that the information isconfidential and may not be used for a purpose other than thepurpose for which it was originally released. A physician who failsto disclose the confidentiality restrictions of this informationcommits a Class A misdemeanor.
(d) Except as provided in subsection (c), the physician havingcustody of a photograph, a video recording, or an audio recording ofan autopsy may not permit a person to:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of an autopsy without a court order.
(e) Information disclosed under subsection (c) is confidential.
As added by P.L.271-2001, SEC.3. Amended by P.L.179-2003,SEC.3.
IC 16-39-7.1-4
Court orders regarding access to records
Sec. 4. (a) A court, upon a showing of good cause, may issue anorder 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 thatthe court considers appropriate.
(b) In determining good cause, 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 toprivacy;
(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 publicrecords, regardless of form.
(c) In all cases, the viewing, copying, listening to, or otherhandling of a photograph or video or audio recording of an autopsymust be under the direct supervision of the physician who is thecustodian of the record.
As added by P.L.271-2001, SEC.3.
IC 16-39-7.1-5
Notice to survivors of petitions for access to records
Sec. 5. (a) A surviving spouse shall be given:
(1) reasonable notice of the petition filed with the court to viewor copy a photograph or video recording of an autopsy or apetition to listen to or copy an audio recording;
(2) a copy of the petition filed with the court to view or copy aphotograph or video recording of an autopsy or a petition tolisten to or copy an audio recording; and
(3) reasonable notice of the opportunity to be present and heardat any hearing on the matter.
(b) If there is no surviving spouse, the notice under this sectionmust be given to the deceased's parents, and if the deceased has noliving parent, the notice must be given to the adult children of thedeceased.
As added by P.L.271-2001, SEC.3.
IC 16-39-7.1-6
Violations
Sec. 6. (a) A provider 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 chapter;
commits a Class A misdemeanor.
(b) A person who knowingly or intentionally violates a court orderissued under this chapter commits a Class A misdemeanor.
(c) A person who:
(1) receives autopsy information under section 3(c) of thischapter; and
(2) knowingly or intentionally uses the information in a mannerother than the specified purpose for which it was released;
commits a Class A misdemeanor.
As added by P.L.271-2001, SEC.3. Amended by P.L.179-2003,SEC.4.