505 CMR, § 1.07

Current through Register 1533, October 25, 2024
Section 1.07 - Disclosure of Autopsy Reports to Health Care Providers

The Chief may, in his discretion, provide a copy of an autopsy report to a health care provider if the following conditions are met:

(1) The autopsy report is requested by a medical peer review committee and will only be used by the committee to review the medical care provided to the decedent;
(2) The autopsy report is requested as part of, and will only be used in furtherance of, a review of the medical care provided to the decedent by the requesting health care provider;
(3) In cases involving hospital deaths, the autopsy report may be provided to the hospital without a request; and
(4) In cases of unnatural or suspicious death where the district attorney or his law enforcement representative is or has been directing or is or has been controlling the investigation of the death pursuant to M.G.L. c. 38, § 4, the district attorney or his law enforcement representative has determined, in his discretion, and has stated in writing that he does not object to the disclosure of the autopsy report to the health care provider.

Any autopsy report released pursuant to 505 CMR 1.00 shall have accompanying it a statement that autopsy reports are not public records and must not be disseminated or used for any purposes other than those authorized by 505 CMR 1.00 or by law.

Health care providers who obtain an autopsy report pursuant to 505 CMR 1.00 may disseminate the autopsy report to others only if necessary to review the medical care provided by the health care provider or the relationship, if any, between the medical care and the decedent's death. Dissemination of the autopsy report or any information contained within the autopsy report for any other purpose, without the express written consent of the Office or the decedent's next of kin, is prohibited unless required by law.

505 CMR, § 1.07