Bill Text: PA HB298 | 2011-2012 | Regular Session | Amended

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Bill Title: Providing for autopsies.

Spectrum: Moderate Partisan Bill (Republican 18-5)

Status: (Engrossed - Dead) 2011-11-10 - Referred to JUDICIARY [HB298 Detail]

Download: Pennsylvania-2011-HB298-Amended.html

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PRIOR PRINTER'S NOS. 251, 1815 PRINTER'S NO. 2704
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 298 Session of2011
INTRODUCED BY GODSHALL, CALTAGIRONE, CREIGHTON, CUTLER, DALEY, GEIST, GIBBONS, HARPER, HESS, KAUFFMAN, KNOWLES, MILLER, OBERLANDER, O'NEILL, PASHINSKI, PICKETT, READSHAW, REICHLEY, ROCK, SWANGER, DENLINGER, MILNE AND BROOKS, JANUARY 27, 2011
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, NOVEMBER 2, 2011
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, providing for autopsies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 20 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 89
AUTOPSIES
Sec.
8901. Definitions.
8902. Preparation of autopsy audiovisual material.
8903. Confidentiality.
8904. Penalties.
§ 8901. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Autopsy." An examination of a body after death to determine
the:
(1) cause of death; or
(2) character and extent of changes produced by disease
or injury.
"Autopsy audiovisual material." Any of the following:
(1) A photograph of the body of the decedent taken <--
during the autopsy.
(2) A video recording of the autopsy.
(3) An audio recording of the autopsy.
"Law enforcement officer." The term includes an
investigative and a prosecutorial officer.
§ 8902. Preparation of autopsy audiovisual material.
Autopsy audiovisual material may not be prepared by an
individual unless the individual has the written consent of:
(1) the physician performing the autopsy; or
(2) the coroner or medical examiner authorized by law to
perform or order the autopsy.
§ 8903. Confidentiality.
(a) General rule.--
(1) Except as set forth under subsection (b), autopsy
audiovisual material is confidential. Autopsy audiovisual
material may not be released by any of the following:
(i) The physician, coroner or medical examiner who
performed or ordered the autopsy.
(ii) An individual who assisted the physician,
coroner or medical examiner under subparagraph (i).
(iii) An individual who participated in the
preparation of autopsy audiovisual material.
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(iv) The facility where the autopsy was performed.
(2) Autopsy audiovisual material shall not be deemed
official records and papers of the coroner and shall not be
subject to section 1251 of the act of August 9, 1955
(P.L.323, No.130), known as The County Code.
(b) Exception.--Subsection (a) does not apply to a release
of autopsy audiovisual material in any of the following
circumstances:
(1) Pursuant to consent of the decedent or a personal
representative, except that during an investigation by law
enforcement or a coroner, the information shall only be
released in accordance with paragraph 5(ii) and (iii).
(2) To a Federal, State or local law enforcement officer
in the performance of official duties.
(3) To the coroner or medical examiner for use in the
performance of official duties or training, including
conferral with medical or scientific experts, for teaching
and training.
(4) When an autopsy is conducted pursuant to consent of
the decedent or personal representative, to a physician who
uses the materials for teaching, training or publication in a
medical or scientific journal or textbook, provided the
identity of the decedent is redacted so as to reasonably
render the decedent anonymous.
(5) To a person pursuant to a court order of public
necessity or, during litigation, pursuant to a court order.
For an order under this paragraph, the following apply:
(i) There must be notice to the personal
representative of the subject decedent.
(ii) There must be a hearing.
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(iii) The court must determine, based upon clear and
convincing evidence, all of the following:
(A) Release of the autopsy audiovisual material
is necessary to protect public health or safety or is
material and relevant to the litigation.
(B) The necessity under clause (A) overrides the
privacy interest of the decedent and the family of
the decedent.
§ 8904. Penalties.
(a) Preparation.--An individual who violates section 8902
(relating to preparation of autopsy audiovisual material)
commits a misdemeanor of the second degree.
(b) Confidentiality.--A person that violates section 8903
(relating to confidentiality) commits a misdemeanor of the first
degree.
Section 2. This act shall take effect in 60 days.
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