N.J. Admin. Code § 8:70-3.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:70-3.1 - Release of records

(a) The records that are required by law to be made, maintained or kept by the County or State Medical Examiner are the Report of Investigation by Medical Examiner, the inventory of property of value, the autopsy report, including its findings and conclusions, and the results of external examinations upon the bodies of deceased persons. Not included within this definition are any records or portions thereof which contain opinions, subjective evaluations or critical analyses.

(b) The medical examiner shall, upon request, make available for inspection during regular business hours the records required to be made, maintained or kept as defined by (a) above and shall produce copies of the requested records upon payment of such reasonable fee as may be provided by this chapter, except as otherwise provided by:

1. The Right to Know Law, N.J.S.A. 47:1A-1 et seq.;

2. Laws covering confidentiality of records such as the AIDS Assistance Law, N.J.S.A. 5C-1 et seq.;

3. Any other law requiring confidentiality of records;

4. The status of an ongoing investigation as defined by Executive Order No. 123(1985); or

5. Whenever medical examiner's records are not yet complete.

(c) Any other records that satisfy the common law definition of a "public record" which may exist in the medical examiner's file may be inspected or copied with the exceptions as noted above in (b) provided the requestor is able to demonstrate that his or her particular interest outweighs the need of the agency and/or the public interest in confidentiality. The propriety of the party's interest in these records shall be determined by the authorized county medical examiner in consultation with the State Medical Examiner whose final determination shall be binding. The next of kin of the decedent, immediate family members, physicians who treated the decedent for his or her last illness or injury, the decedent's legal representative, law enforcement agencies, or attorneys or insurance companies representing parties in litigation arising from the incident that caused the decedent's death are presumed to have a proper interest in these records.

(d) In the event that the requestor is unable to demonstrate a proper interest, the County or State Medical Examiner may advise the requestor to seek a court ordered release of records.

(e) Notwithstanding (b) and (c) above, if the death has been referred to the county prosecutor or Attorney General for continuing criminal investigation, only the county prosecutor or Attorney General may disclose the autopsy findings. When a party seeks the autopsy report in connection with pending or future criminal litigation, the county prosecutor or Attorney General shall provide the report through the discovery process, in accordance with court rules, or before discovery is undertaken if the prosecutor or Attorney General deems it appropriate.

(f) Notwithstanding (c) and (d) above, the autopsy report may be furnished to any person upon written authority of the decedent's next of kin or legal representative, unless the death has been referred to the county prosecutor or Attorney General for continuing criminal investigation.

N.J. Admin. Code § 8:70-3.1

Amended by R.1989 d.110, effective 2/21/1989.
See: 20 N.J.R. 2856(b), 21 N.J.R. 447(a).
Substantially amended.
Amended by R.1994 d.30, effective 1/18/1994.
See: 25 N.J.R. 5104(a), 26 N.J.R. 484(a).