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HB 290

Office of the Chief Medical Examiner - Disclosure of Autopsy Information and Maintenance of Investigative Database

2025 Regular Session

HB 290 requires OCME to maintain an electronic investigative database; most records are exempt from public inspection, leaving only final autopsy diagnoses publicly accessible.

Hearing 1/22 at 2:00 p.m.
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Bill Summary · HB 290

Summary — HB 290

Office of the Chief Medical Examiner — Disclosure of Autopsy Information and Maintenance of Investigative Database

Status: Hearing (House) 1/22 at 2:00 p.m. (House Health & Government Operations); Effective date (as drafted): October 1, 2025.
Primary sponsor/intro: Chair, Health & Government Operations Committee (By Request — Departmental — Health). Cross-file: SB 115.

Purpose / Intent

The bill is a departmental measure that (1) clarifies what portions of medical examiner records are subject to public inspection under Maryland’s Public Information Act (PIA) and (2) requires the Office of the Chief Medical Examiner (OCME) to maintain an electronic investigative database. The stated intent is to safeguard sensitive postmortem investigative information (witness statements, contact info, medical records, investigative materials) while preserving public access to the final diagnostic conclusions of autopsies.

Key provisions

  • Definitions

    • “Autopsy report” — a document detailing the medical findings, interpretations, and conclusions of a postmortem exam performed by a medical examiner or forensic pathologist.
    • “Final autopsy diagnosis” — the interpretations and conclusions of a medical examiner or forensic pathologist that are part of an autopsy report.

  • Investigative Database

    • OCME must maintain a chief medical examiner investigative database that includes records for each medical examiner’s or forensic pathologist’s case.
    • Electronic data or records in that database (or a comparable OCME-managed database used in any case) are explicitly not considered public records and are exempt from inspection under the Maryland Public Information Act — with one exception (see below).

  • Public disclosure rule (PIA exception)

    • Except for a “final autopsy diagnosis,” medical or psychological information in OCME records stored electronically in the database must be withheld from public inspection.
    • The bill revises the statutory custodial/PIA language to require denial of inspection of medical/psychological information about an individual except for the final autopsy diagnosis.

  • Existing case-record practices preserved/clarified

    • OCME must keep complete indexed records for each case (name if known, location where found, date/cause/manner of death, and other available info).
    • The original report and autopsy findings/conclusions remain attached to the case record.
    • OCME (or deputies) must continue to deliver copies of records relevant to a death to the State’s Attorney when further investigation is advisable; State’s Attorneys may obtain copies they deem necessary.

  • Fees

    • OCME may charge reasonable fees for reports per a schedule in OCME regulations; deputy medical examiners may keep fees they collect.

Who is affected

  • OCME and its staff (must maintain the specified database; programmatic/operational responsibilities).
  • Decedents’ families and next of kin (access to sensitive investigative materials will be restricted; they retain statutory access rights where applicable).
  • Journalists, researchers, and members of the public seeking OCME records (public access limited to final autopsy diagnoses rather than full investigative materials).
  • State’s Attorneys and law enforcement (explicit continued access to records necessary for prosecution and investigation).
  • Courts (OCME records and certified transcripts remain competent evidence).

Fiscal impact

  • Department of Legislative Services (Maryland) — The bill is not expected to materially affect State finances. The Maryland Department of Health estimates minimal or no impact on small businesses.

Practical implications / effects

  • Tightens privacy protections for decedents and sensitive investigative content by making most electronic OCME records exempt from PIA inspection.
  • Preserves public disclosure of the final diagnostic conclusions of autopsies while limiting release of underlying investigative materials (witness information, next-of-kin contact details, raw medical records, etc.).
  • Maintains prosecutorial access and evidentiary use of OCME records.
  • May reduce public availability of materials commonly used in investigative reporting, academic research, or public records requests; access routes for interested parties (beyond final diagnosis) would depend on existing statutory carve-outs, court-ordered disclosure, or internal OCME release policies.

Effective date and procedural notes

  • As introduced, bill takes effect October 1, 2025.
  • Cross-filed as SB 115.
  • DLS fiscal/policy note prepared (First Reader, Feb. 2025).

Compiled from official sources — confirm details with the bill’s official record.

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