North Dakota Century Code Title 23. Health and Safety § 23-01-05.5. Autopsy reports, working papers, and images--Confidential--Exceptions

a. “Autopsy report” means the report of the forensic examiner or the examiner's designee on the post-mortem examination of a deceased individual to determine the cause and manner of death, including any written analysis, diagram, photograph, or toxicological test results.

b. “Notes” means the notes or dictations taken or created by the state forensic examiner or the examiner's designee during the course of an investigation into the cause and manner of death of a decedent.

c. “Report of death” means the official findings on the cause of death and manner of death issued by the state forensic examiner, the examiner's designee, county coroner, or pathologist performing an autopsy ordered by a county coroner or by the state forensic examiner and which is the face page of the autopsy report identifying the decedent and stating the cause of death and manner of death.

d. “Working papers” means the medical records, investigatory records, law enforcement records, and other records or materials collected or compiled by the state forensic examiner or the examiner's designee and the notes or dictations created by the state forensic examiner or the examiner's designee during the course of an investigation into the cause and manner of death of a decedent. The term does not include autopsy photographs or other visual images or video or audio recordings of an autopsy taken by the state forensic examiner, the examiner's designee, prosecutor, criminal justice agency, any employee or agent of a criminal justice agency, or any other individual, or other photographs or visual images of the decedent which may have been taken by law enforcement or other individuals.

a. If requested before the report of death becomes a public record, the next of kin or authorized representative requesting the report of death is responsible for providing to the state forensic examiner or the examiner's designee satisfactory proof of relationship to the deceased and contact information for notification of the report of death.

b. When in receipt of the information in subdivision a, the state forensic examiner, examiner's designee, county coroner, or pathologist who performed the autopsy shall make a good faith effort to immediately notify the decedent's next of kin or authorized representative of the availability of the report of death. The notification or attempts to notify the next of kin or authorized representative must be recorded and must precede any public disclosure of the report of death.

c. The report of death becomes a public record eight days after the report of death is finalized.

a. A county coroner, including a coroner in any state or Canadian province, with jurisdiction over the death, and the coroner may use or disclose these records for purposes of an investigation, inquest, or prosecution.

b. A prosecutor or criminal justice agency, as defined by section 44-04-18.7, including a prosecutor or criminal justice agency of the United States, any state, or any Canadian province, with jurisdiction over an investigation of the death and the prosecutor or criminal justice agency may use or disclose these records for the purposes of an investigation or prosecution.

c. Workforce safety and insurance if the death is related to the decedent's work, and to any other workers' compensation or other similar program, established by law, that provides benefits for work-related injuries or illness without regard to fault if there is no criminal investigation.

d. The child fatality review panel if there is no active criminal investigation.

e. The suicide fatality review commission if there is no active criminal investigation.

f. To the department of corrections and rehabilitation if the decedent was an inmate in a county, regional, or state correctional facility.

g. In accordance with a court order.

a. The decedent's personal representative.

b. The decedent's spouse, child eighteen years of age or older, or parent, upon proof of the relationship.

c. A physician or hospital that treated the decedent immediately before death.

d. An insurance company upon proof the decedent's life was covered by a policy issued by the company.

e. The food and drug administration, the national transportation safety board, the occupational health and safety administration, and any other federal or state agency with authority to obtain an autopsy report to investigate a death resulting from the decedent's type of injury or illness.

f. A professional or research organization collecting data to initiate or advance death investigation standards, after the identifiers necessary to create a limited data set under title 45, Code of Federal Regulations, part 164, section 514, subsection e have been removed from the report.

g. The maternal mortality review committee.

a. The state forensic examiner or the examiner's designee shall, upon request, disclose a copy of autopsy photographs or other visual images or video or audio recordings of an autopsy to any prosecutor or criminal justice agency as defined by section 44-04-18.7, including a prosecutor or criminal justice agency of the United States, any state, or any Canadian province, with jurisdiction over an investigation of the death and the prosecutor or criminal justice agency may use or disclose these records for the purposes of an investigation or prosecution.

b. 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 video or audio recording for:

c. The decedent's spouse, child eighteen years of age or older, or parent, 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.

d. Upon receipt by the requestor of a court order requiring disclosure and a court-issued protective order in accordance with section 44-04-18.11, the state forensic examiner or the examiner's designee shall disclose a copy of autopsy photographs or other visual images or video or audio recordings of an autopsy to the decedent's spouse, child eighteen years of age or older, or parent, upon proof of the relationship.