BILL REQ. #:  S-4239.1 

READ FIRST TIME 01/30/12.   

     AN ACT Relating to access to reports and records of autopsies and postmortems; amending RCW 68.50.105; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 68.50.105 and 2011 c 61 s 1 are each amended to read as follows:
     (1) Written reports and records of autopsies or postmortems shall be confidential, except that the following persons may examine and obtain copies of any such written report or record: The personal representative of the decedent as defined in RCW 11.02.005, any family member, the attending physician or advanced registered nurse practitioner, the prosecuting attorney or law enforcement agencies having jurisdiction, public health officials, the department of labor and industries in cases in which it has an interest under RCW 68.50.103, or the secretary of the department of social and health services or his or her designee in cases being reviewed under RCW 74.13.640. A person, except for public health officials, the department of labor and industries, or the secretary of the department of social and health services or his or her designee, who obtains a copy shall not further disseminate, distribute, or publish the reports or records in any manner. The willful and knowing dissemination, distribution, or publication of the reports or records is a class C felony punishable pursuant to RCW 9A.20.020.
     The coroner, the medical examiner, ((or)) the attending physician, or advanced registered nurse practitioner shall, upon request, meet with the family of the decedent to discuss the findings of the autopsy or postmortem. For the purposes of this section, the term "family" means the surviving spouse, state registered domestic partner, or any child, parent, grandparent, grandchild, brother, or sister of the decedent, or any person who was guardian of the decedent at the time of death.
     (2) A photograph, video, or audio recording from an autopsy or postmortem examination shall be confidential, except that the following persons must file a petition with the court in order to obtain a court order that would allow the person to examine, view, copy, listen to, or record the photograph or video or audio recording: The personal representative of the decedent as defined in RCW 11.02.005, any family member, and the attending physician or advanced registered nurse practitioner. The court shall prescribe any restrictions or stipulations it deems appropriate.
     (3) The right to examine and obtain an autopsy or postmortem report or record or to meet and discuss the findings of the report or record is revoked for any person who has plead guilty to or been found guilty of a crime that lead to or caused the decedent's death unless the report or record would be used pursuant to court-ordered access as part of any appeal.