State Codes and Statutes

Statutes > New-york > Cnt > Article-17-a > 677

§ 677. Records; reports. 1. The writing made by the coroner, or by the  coroner  and  coroner's  physician,  or  by the medical examiner, at the  place where he takes charge of the body, shall be filed promptly in  the  office  of  the  coroner or medical examiner. The testimony of witnesses  examined before him and the report of any examination made  or  directed  by  him  shall  be  made  in writing or reduced to writing and thereupon  filed in such office.    2. The report of any autopsy or other examination  shall  state  every  fact  and circumstance tending to show the condition of the body and the  cause and means or manner of death. The person  performing  an  autopsy,  for  the purpose of determining the cause of death or means or manner of  death, shall enter upon the  record  the  pathological  appearances  and  findings,  embodying  such  information  as  may  be  prescribed  by the  commissioner of health, and append thereto the diagnosis of the cause of  death and of the means or manner of death. Methods and forms  prescribed  by  the  commissioner of health for obtaining and preserving records and  statistics of autopsies conducted within the state shall be employed.  A  detailed description of the findings, written during the progress of the  autopsy,  and  the conclusions drawn therefrom shall, when completed, be  filed in the office of the coroner or medical examiner.    3. (a) The  coroner  or  coroners  of  each  county,  or  the  medical  examiner,  shall  keep  full  and  complete  records,  properly indexed,  stating the name, if known, of every person whose death is investigated,  the place where the body was found, the date of death, if known, and  if  not   known,   the  date  or  approximate  date  as  determined  by  the  investigation, to which there shall be attached the original  report  of  the  coroner,  or coroner and coroner's physician or physician employed,  or medical examiner, and the detailed findings of the autopsy,  if  any.  Such  records  shall be kept in the office of the county clerk except in  those counties having a full-time coroner or medical examiner, in  which  case  such records shall be kept in the office of the coroner or medical  examiner.    (b) Such records shall be open to inspection by the district  attorney  of  the  county. Upon application of the personal representative, spouse  or next of kin of the deceased to the coroner or the medical examiner, a  copy of the autopsy report, as described  in  subdivision  two  of  this  section shall be furnished to such applicant. Upon proper application of  any  person  who  is or may be affected in a civil or criminal action by  the contents of the record of any investigation, or upon application  of  any  person  having a substantial interest therein, an order may be made  by a court of record, or by a justice of the  supreme  court,  that  the  record  of  that  investigation be made available for his inspection, or  that a transcript thereof be furnished to him, or both.    4. The coroner, coroner's physician or medical examiner shall promptly  deliver to the district attorney copies of all records pertaining to any  death whenever, in his  opinion,  or  in  the  judgment  of  the  person  performing  the  autopsy,  there  is  any  indication  that  a crime was  committed.    5. The coroner, coroner's physician or medical examiner shall promptly  report to the commissioner of motor  vehicles,  in  a  form  and  manner  specified by the commissioner, the results of all quantitative tests for  alcohol,  and  for  any  trace  of a controlled substance, as defined in  section three thousand three hundred six of the public health law,  that  the  coroner,  coroner's  physician  or  medical examiner has reasonable  cause to believe is present, performed upon bodies of victims  of  motor  vehicle  accidents  pursuant to the requirements of subdivision three of  section six hundred seventy-four of this chapter.6. The coroner, coroner's physician or medical examiner shall promptly  provide the chairman of the correction  medical  review  board  and  the  commissioner of correctional services with copies of any autopsy report,  toxicological  report  or  any  report  of  any  examination  or inquiry  prepared  with  respect  to  any  death  occurring  to  an  inmate  of a  correctional facility as defined by subdivision three of  section  forty  of  the correction law within his county. If the toxicological report is  prepared  pursuant  to  any  agreement  or  contract  with  any  person,  partnership,  corporation  or  governmental  agency  with the coroner or  medical examiner, such report shall be promptly provided to the chairman  of the correction medical  review  board  and  to  the  commissioner  of  correctional  services  by  such  person,  partnership,  corporation  or  governmental agency.    7. (a) Upon the written request of the commissioner of mental  health,  the  commissioner  of mental retardation and developmental disabilities,  the director of the mental hygiene legal service, the  chairman  of  the  commission  on quality of care for the mentally disabled or the director  of a mental hygiene facility, as defined in section 45.01 of the  mental  hygiene  law,  at  which  the  deceased  was  a patient or resident, the  coroner, coroner's physician or  medical  examiner  shall  provide  such  person  with  a  copy  of  all  reports  and records, including, but not  limited to, autopsy reports and toxicological  reports  related  to  the  deceased  prepared by a person, partnership, corporation or governmental  agency pursuant to any agreement or contract with the coroner or medical  examiner with respect to the death of a patient  or  resident  receiving  services for a mental disability at such a mental hygiene facility.    (b)  Upon the written request of the commissioner of mental health, or  commissioner of mental retardation and developmental disabilities, or  a  director  of  a  departmental facility as defined in section 1.03 of the  mental hygiene law, or the chairman of the commission on quality of care  for the mentally disabled, the coroner, coroner's physician  or  medical  examiner  shall  transmit  to  the  commissioner,  or  such director, or  chairman, or any member of  the  mental  hygiene  medical  review  board  designated  by the chairman of such commission, original autopsy slides,  tissue materials and specimens taken from the body of a deceased patient  or resident as defined in paragraph (a) of this section.  Such  original  materials  may  be  used  and tested by such office of the department of  mental hygiene, or such director,  and  mental  hygiene  medical  review  board  pursuant  to  its  authority  under  section  45.17 of the mental  hygiene law. Such slides, materials and specimens may be retained for  a  reasonable  time,  and shall be returned to the office of the coroner or  medical examiner in good condition allowing for reasonable use for study  and testing purposes.    8.  The  coroner,  coroner's  physician  or  medical  examiner   shall  promptly,  but in no event later than sixty days from the date of death,  absent extraordinary circumstances, provide the office of  children  and  family  services with copies of any autopsy report, toxicological report  or any report of any examination or inquiry prepared with respect to any  death occurring to a  child  whose  care  and  custody  or  custody  and  guardianship  has  been transferred to an authorized agency, a child for  whom child protective services has an open case, a child  for  whom  the  local  department  of  social  services  has an open preventive services  case, or a child reported to the statewide  central  register  of  child  abuse and maltreatment. If the toxicological report is prepared pursuant  to  any  agreement or contract with any person, partnership, corporation  or governmental agency with the coroner or medical examiner, such report  shall be promptly, but in no event later than sixty days from  the  date  of  death, absent extraordinary circumstances, provided to the office ofchildren and family services by such person, partnership, corporation or  governmental agency. Where the death involves a child  reported  to  the  statewide  central register of child abuse and maltreatment, the reports  referred  to in this subdivision shall also be promptly, but in no event  later than sixty days from  the  date  of  death,  absent  extraordinary  circumstances,   provided   to   the   local  child  protective  service  investigating the report pursuant to section four hundred twenty-four of  the social services law.    9. When required for official purposes  of  the  state  department  of  health,  the  state  commissioner  of  health or his or her designee may  request copies of all reports and records related to a death, including,  but not limited to, autopsy reports and toxicology reports. Upon receipt  of the written request of the state commissioner of health or his or her  designee, a coroner, coroner's physician  or  medical  examiner,  shall,  within  three  business  days  of  their  completion,  provide  to  such  commissioner or his or her designee a copy of all reports  and  records,  including,  but  not  limited to, autopsy reports and toxicology reports  related to the death.

State Codes and Statutes

Statutes > New-york > Cnt > Article-17-a > 677

§ 677. Records; reports. 1. The writing made by the coroner, or by the  coroner  and  coroner's  physician,  or  by the medical examiner, at the  place where he takes charge of the body, shall be filed promptly in  the  office  of  the  coroner or medical examiner. The testimony of witnesses  examined before him and the report of any examination made  or  directed  by  him  shall  be  made  in writing or reduced to writing and thereupon  filed in such office.    2. The report of any autopsy or other examination  shall  state  every  fact  and circumstance tending to show the condition of the body and the  cause and means or manner of death. The person  performing  an  autopsy,  for  the purpose of determining the cause of death or means or manner of  death, shall enter upon the  record  the  pathological  appearances  and  findings,  embodying  such  information  as  may  be  prescribed  by the  commissioner of health, and append thereto the diagnosis of the cause of  death and of the means or manner of death. Methods and forms  prescribed  by  the  commissioner of health for obtaining and preserving records and  statistics of autopsies conducted within the state shall be employed.  A  detailed description of the findings, written during the progress of the  autopsy,  and  the conclusions drawn therefrom shall, when completed, be  filed in the office of the coroner or medical examiner.    3. (a) The  coroner  or  coroners  of  each  county,  or  the  medical  examiner,  shall  keep  full  and  complete  records,  properly indexed,  stating the name, if known, of every person whose death is investigated,  the place where the body was found, the date of death, if known, and  if  not   known,   the  date  or  approximate  date  as  determined  by  the  investigation, to which there shall be attached the original  report  of  the  coroner,  or coroner and coroner's physician or physician employed,  or medical examiner, and the detailed findings of the autopsy,  if  any.  Such  records  shall be kept in the office of the county clerk except in  those counties having a full-time coroner or medical examiner, in  which  case  such records shall be kept in the office of the coroner or medical  examiner.    (b) Such records shall be open to inspection by the district  attorney  of  the  county. Upon application of the personal representative, spouse  or next of kin of the deceased to the coroner or the medical examiner, a  copy of the autopsy report, as described  in  subdivision  two  of  this  section shall be furnished to such applicant. Upon proper application of  any  person  who  is or may be affected in a civil or criminal action by  the contents of the record of any investigation, or upon application  of  any  person  having a substantial interest therein, an order may be made  by a court of record, or by a justice of the  supreme  court,  that  the  record  of  that  investigation be made available for his inspection, or  that a transcript thereof be furnished to him, or both.    4. The coroner, coroner's physician or medical examiner shall promptly  deliver to the district attorney copies of all records pertaining to any  death whenever, in his  opinion,  or  in  the  judgment  of  the  person  performing  the  autopsy,  there  is  any  indication  that  a crime was  committed.    5. The coroner, coroner's physician or medical examiner shall promptly  report to the commissioner of motor  vehicles,  in  a  form  and  manner  specified by the commissioner, the results of all quantitative tests for  alcohol,  and  for  any  trace  of a controlled substance, as defined in  section three thousand three hundred six of the public health law,  that  the  coroner,  coroner's  physician  or  medical examiner has reasonable  cause to believe is present, performed upon bodies of victims  of  motor  vehicle  accidents  pursuant to the requirements of subdivision three of  section six hundred seventy-four of this chapter.6. The coroner, coroner's physician or medical examiner shall promptly  provide the chairman of the correction  medical  review  board  and  the  commissioner of correctional services with copies of any autopsy report,  toxicological  report  or  any  report  of  any  examination  or inquiry  prepared  with  respect  to  any  death  occurring  to  an  inmate  of a  correctional facility as defined by subdivision three of  section  forty  of  the correction law within his county. If the toxicological report is  prepared  pursuant  to  any  agreement  or  contract  with  any  person,  partnership,  corporation  or  governmental  agency  with the coroner or  medical examiner, such report shall be promptly provided to the chairman  of the correction medical  review  board  and  to  the  commissioner  of  correctional  services  by  such  person,  partnership,  corporation  or  governmental agency.    7. (a) Upon the written request of the commissioner of mental  health,  the  commissioner  of mental retardation and developmental disabilities,  the director of the mental hygiene legal service, the  chairman  of  the  commission  on quality of care for the mentally disabled or the director  of a mental hygiene facility, as defined in section 45.01 of the  mental  hygiene  law,  at  which  the  deceased  was  a patient or resident, the  coroner, coroner's physician or  medical  examiner  shall  provide  such  person  with  a  copy  of  all  reports  and records, including, but not  limited to, autopsy reports and toxicological  reports  related  to  the  deceased  prepared by a person, partnership, corporation or governmental  agency pursuant to any agreement or contract with the coroner or medical  examiner with respect to the death of a patient  or  resident  receiving  services for a mental disability at such a mental hygiene facility.    (b)  Upon the written request of the commissioner of mental health, or  commissioner of mental retardation and developmental disabilities, or  a  director  of  a  departmental facility as defined in section 1.03 of the  mental hygiene law, or the chairman of the commission on quality of care  for the mentally disabled, the coroner, coroner's physician  or  medical  examiner  shall  transmit  to  the  commissioner,  or  such director, or  chairman, or any member of  the  mental  hygiene  medical  review  board  designated  by the chairman of such commission, original autopsy slides,  tissue materials and specimens taken from the body of a deceased patient  or resident as defined in paragraph (a) of this section.  Such  original  materials  may  be  used  and tested by such office of the department of  mental hygiene, or such director,  and  mental  hygiene  medical  review  board  pursuant  to  its  authority  under  section  45.17 of the mental  hygiene law. Such slides, materials and specimens may be retained for  a  reasonable  time,  and shall be returned to the office of the coroner or  medical examiner in good condition allowing for reasonable use for study  and testing purposes.    8.  The  coroner,  coroner's  physician  or  medical  examiner   shall  promptly,  but in no event later than sixty days from the date of death,  absent extraordinary circumstances, provide the office of  children  and  family  services with copies of any autopsy report, toxicological report  or any report of any examination or inquiry prepared with respect to any  death occurring to a  child  whose  care  and  custody  or  custody  and  guardianship  has  been transferred to an authorized agency, a child for  whom child protective services has an open case, a child  for  whom  the  local  department  of  social  services  has an open preventive services  case, or a child reported to the statewide  central  register  of  child  abuse and maltreatment. If the toxicological report is prepared pursuant  to  any  agreement or contract with any person, partnership, corporation  or governmental agency with the coroner or medical examiner, such report  shall be promptly, but in no event later than sixty days from  the  date  of  death, absent extraordinary circumstances, provided to the office ofchildren and family services by such person, partnership, corporation or  governmental agency. Where the death involves a child  reported  to  the  statewide  central register of child abuse and maltreatment, the reports  referred  to in this subdivision shall also be promptly, but in no event  later than sixty days from  the  date  of  death,  absent  extraordinary  circumstances,   provided   to   the   local  child  protective  service  investigating the report pursuant to section four hundred twenty-four of  the social services law.    9. When required for official purposes  of  the  state  department  of  health,  the  state  commissioner  of  health or his or her designee may  request copies of all reports and records related to a death, including,  but not limited to, autopsy reports and toxicology reports. Upon receipt  of the written request of the state commissioner of health or his or her  designee, a coroner, coroner's physician  or  medical  examiner,  shall,  within  three  business  days  of  their  completion,  provide  to  such  commissioner or his or her designee a copy of all reports  and  records,  including,  but  not  limited to, autopsy reports and toxicology reports  related to the death.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cnt > Article-17-a > 677

§ 677. Records; reports. 1. The writing made by the coroner, or by the  coroner  and  coroner's  physician,  or  by the medical examiner, at the  place where he takes charge of the body, shall be filed promptly in  the  office  of  the  coroner or medical examiner. The testimony of witnesses  examined before him and the report of any examination made  or  directed  by  him  shall  be  made  in writing or reduced to writing and thereupon  filed in such office.    2. The report of any autopsy or other examination  shall  state  every  fact  and circumstance tending to show the condition of the body and the  cause and means or manner of death. The person  performing  an  autopsy,  for  the purpose of determining the cause of death or means or manner of  death, shall enter upon the  record  the  pathological  appearances  and  findings,  embodying  such  information  as  may  be  prescribed  by the  commissioner of health, and append thereto the diagnosis of the cause of  death and of the means or manner of death. Methods and forms  prescribed  by  the  commissioner of health for obtaining and preserving records and  statistics of autopsies conducted within the state shall be employed.  A  detailed description of the findings, written during the progress of the  autopsy,  and  the conclusions drawn therefrom shall, when completed, be  filed in the office of the coroner or medical examiner.    3. (a) The  coroner  or  coroners  of  each  county,  or  the  medical  examiner,  shall  keep  full  and  complete  records,  properly indexed,  stating the name, if known, of every person whose death is investigated,  the place where the body was found, the date of death, if known, and  if  not   known,   the  date  or  approximate  date  as  determined  by  the  investigation, to which there shall be attached the original  report  of  the  coroner,  or coroner and coroner's physician or physician employed,  or medical examiner, and the detailed findings of the autopsy,  if  any.  Such  records  shall be kept in the office of the county clerk except in  those counties having a full-time coroner or medical examiner, in  which  case  such records shall be kept in the office of the coroner or medical  examiner.    (b) Such records shall be open to inspection by the district  attorney  of  the  county. Upon application of the personal representative, spouse  or next of kin of the deceased to the coroner or the medical examiner, a  copy of the autopsy report, as described  in  subdivision  two  of  this  section shall be furnished to such applicant. Upon proper application of  any  person  who  is or may be affected in a civil or criminal action by  the contents of the record of any investigation, or upon application  of  any  person  having a substantial interest therein, an order may be made  by a court of record, or by a justice of the  supreme  court,  that  the  record  of  that  investigation be made available for his inspection, or  that a transcript thereof be furnished to him, or both.    4. The coroner, coroner's physician or medical examiner shall promptly  deliver to the district attorney copies of all records pertaining to any  death whenever, in his  opinion,  or  in  the  judgment  of  the  person  performing  the  autopsy,  there  is  any  indication  that  a crime was  committed.    5. The coroner, coroner's physician or medical examiner shall promptly  report to the commissioner of motor  vehicles,  in  a  form  and  manner  specified by the commissioner, the results of all quantitative tests for  alcohol,  and  for  any  trace  of a controlled substance, as defined in  section three thousand three hundred six of the public health law,  that  the  coroner,  coroner's  physician  or  medical examiner has reasonable  cause to believe is present, performed upon bodies of victims  of  motor  vehicle  accidents  pursuant to the requirements of subdivision three of  section six hundred seventy-four of this chapter.6. The coroner, coroner's physician or medical examiner shall promptly  provide the chairman of the correction  medical  review  board  and  the  commissioner of correctional services with copies of any autopsy report,  toxicological  report  or  any  report  of  any  examination  or inquiry  prepared  with  respect  to  any  death  occurring  to  an  inmate  of a  correctional facility as defined by subdivision three of  section  forty  of  the correction law within his county. If the toxicological report is  prepared  pursuant  to  any  agreement  or  contract  with  any  person,  partnership,  corporation  or  governmental  agency  with the coroner or  medical examiner, such report shall be promptly provided to the chairman  of the correction medical  review  board  and  to  the  commissioner  of  correctional  services  by  such  person,  partnership,  corporation  or  governmental agency.    7. (a) Upon the written request of the commissioner of mental  health,  the  commissioner  of mental retardation and developmental disabilities,  the director of the mental hygiene legal service, the  chairman  of  the  commission  on quality of care for the mentally disabled or the director  of a mental hygiene facility, as defined in section 45.01 of the  mental  hygiene  law,  at  which  the  deceased  was  a patient or resident, the  coroner, coroner's physician or  medical  examiner  shall  provide  such  person  with  a  copy  of  all  reports  and records, including, but not  limited to, autopsy reports and toxicological  reports  related  to  the  deceased  prepared by a person, partnership, corporation or governmental  agency pursuant to any agreement or contract with the coroner or medical  examiner with respect to the death of a patient  or  resident  receiving  services for a mental disability at such a mental hygiene facility.    (b)  Upon the written request of the commissioner of mental health, or  commissioner of mental retardation and developmental disabilities, or  a  director  of  a  departmental facility as defined in section 1.03 of the  mental hygiene law, or the chairman of the commission on quality of care  for the mentally disabled, the coroner, coroner's physician  or  medical  examiner  shall  transmit  to  the  commissioner,  or  such director, or  chairman, or any member of  the  mental  hygiene  medical  review  board  designated  by the chairman of such commission, original autopsy slides,  tissue materials and specimens taken from the body of a deceased patient  or resident as defined in paragraph (a) of this section.  Such  original  materials  may  be  used  and tested by such office of the department of  mental hygiene, or such director,  and  mental  hygiene  medical  review  board  pursuant  to  its  authority  under  section  45.17 of the mental  hygiene law. Such slides, materials and specimens may be retained for  a  reasonable  time,  and shall be returned to the office of the coroner or  medical examiner in good condition allowing for reasonable use for study  and testing purposes.    8.  The  coroner,  coroner's  physician  or  medical  examiner   shall  promptly,  but in no event later than sixty days from the date of death,  absent extraordinary circumstances, provide the office of  children  and  family  services with copies of any autopsy report, toxicological report  or any report of any examination or inquiry prepared with respect to any  death occurring to a  child  whose  care  and  custody  or  custody  and  guardianship  has  been transferred to an authorized agency, a child for  whom child protective services has an open case, a child  for  whom  the  local  department  of  social  services  has an open preventive services  case, or a child reported to the statewide  central  register  of  child  abuse and maltreatment. If the toxicological report is prepared pursuant  to  any  agreement or contract with any person, partnership, corporation  or governmental agency with the coroner or medical examiner, such report  shall be promptly, but in no event later than sixty days from  the  date  of  death, absent extraordinary circumstances, provided to the office ofchildren and family services by such person, partnership, corporation or  governmental agency. Where the death involves a child  reported  to  the  statewide  central register of child abuse and maltreatment, the reports  referred  to in this subdivision shall also be promptly, but in no event  later than sixty days from  the  date  of  death,  absent  extraordinary  circumstances,   provided   to   the   local  child  protective  service  investigating the report pursuant to section four hundred twenty-four of  the social services law.    9. When required for official purposes  of  the  state  department  of  health,  the  state  commissioner  of  health or his or her designee may  request copies of all reports and records related to a death, including,  but not limited to, autopsy reports and toxicology reports. Upon receipt  of the written request of the state commissioner of health or his or her  designee, a coroner, coroner's physician  or  medical  examiner,  shall,  within  three  business  days  of  their  completion,  provide  to  such  commissioner or his or her designee a copy of all reports  and  records,  including,  but  not  limited to, autopsy reports and toxicology reports  related to the death.