Current through the 2023 Legislative Sessions
Section 44-04-18.18 - Autopsy images - Confidential - Exceptions1. An autopsy photograph or other visual image or a video or audio recording of an autopsy is confidential. However, a criminal justice agency may use or disclose these materials for purposes of an investigation or prosecution.2.a. After redacting all information identifying the decedent, including name, address, and social security number, and anonymizing facial recognition, a medical examiner, coroner, or physician may use an autopsy photograph, image, or recording for:(1) Medical or scientific teaching or training purposes;(2) Teaching or training of law enforcement personnel;(3) Teaching or training of attorneys or others with a bona fide professional need to use or understand forensic science;(4) Conferring with medical or scientific experts; (5) Publication in a scientific or medical journal or textbook; or(6) Teaching or training of coroner personnel or other licensed or certified medical professionals.b. A medical examiner, coroner, or physician who has in good faith complied with this subsection is not subject to any penalty or liability for using an autopsy photograph, image, or recording.3. The decedent's spouse, child, parent, or sibling, upon proof of the relationship, may view an autopsy photograph, image, or recording in the business office of a medical examiner, coroner, or physician who has possession of the materials, if there is not an active criminal investigation or prosecution.4. Disclosure of an autopsy photograph, image, or recording may be obtained under section 44-04-18.11.Amended by S.L. 2023 , ch. 236( HB 1481 ), § 3, eff. 8/1/2023.