Bill
HB 1068
North Dakota HB 1068 tightens confidentiality around autopsy materials, sets who may receive records, and delays public release of the cause-of-death page while allowing limited di
AN ACT to amend and reenact sections 23‑01‑05.5, 43‑10‑10.1, and 44‑04‑18.18 of the North Dakota Century Code — relating to autopsy reports, working papers, funeral practice exceptions, and photographs.
Status: Filed Nov 12, 2024; enacted as Act 311 (signed by Governor Mar 14, 2025).
Purpose
- To clarify the confidentiality rules and permitted disclosures for autopsy reports, working papers, notes, and autopsy-related photographs/recordings; to establish procedures for next‑of‑kin notification and limited public release; and to define exceptions permitting disclosure for investigatory, public‑health, review, training, and certain administrative uses.
Key provisions and changes
- Definitions: Adds/clarifies terms including “autopsy report,” “notes,” “report of death,” and “working papers.” Importantly, “working papers” explicitly excludes autopsy photographs, other visual images, and audio/video recordings (those are treated separately).
- Confidentiality rule: Autopsy reports, working papers, and notes are confidential and may be disclosed only as allowed by statute.
- Report of death public timing: The “report of death” (the face page of the autopsy report stating cause and manner of death) becomes a public record eight days after finalization. Before that public release, the next of kin or an authorized representative may request the report; they must provide proof of relationship and contact information.
- Notification requirement: The forensic examiner or designee must make a good‑faith effort to immediately notify next of kin or authorized representative (and record notification attempts) before public disclosure.
- Permitted disclosures (autopsy report / working papers): Required or allowed disclosure to county coroners (including in other U.S. states and Canadian provinces); prosecutors and criminal‑justice agencies (U.S., states, Canadian provinces) for investigations/prosecutions; workforce safety/insurance and similar programs when work‑related (if no active criminal investigation); child fatality and suicide fatality review panels (if no active criminal investigation); maternal mortality review committee; treating physicians/hospitals; insurers (with proof of coverage); federal/state investigative agencies (FDA, NTSB, OSHA, etc.); research/professional organizations after removal of identifiers to a “limited data set”; and pursuant to court order.
- Autopsy photographs/videos/audio: Declared confidential. Disclosure allowed to prosecutors/criminal‑justice agencies for investigations/prosecution. Medical examiners, coroners, or physicians may use images/video/audio for medical/scientific teaching, training (including law enforcement) after redacting identifying information and anonymizing facial recognition. The statute establishes safeguards for redaction and identity protection.
- Funeral practice exceptions: The bill addresses (through amendments to the funeral/practice section) limited exceptions permitting certain images or materials to be used consistent with funeral or disposition needs — treated within the broader confidentiality framework (text clarifies scope and exclusions).
Who is affected
- State forensic examiners and their designees; county coroners; prosecutors and criminal‑justice agencies; law enforcement; hospitals and treating physicians; insurers and workers’ compensation programs; child/suicide/maternal mortality review bodies; researchers seeking de‑identified data; next of kin and families; and funeral service providers (to the extent limited exceptions apply). The public’s access to cause/manner information is delayed by the 8‑day rule.
Procedural/timeline notes
- Report of death becomes public eight days after finalization unless timely requested and notified to next of kin. Many disclosures remain conditioned on absence of active criminal investigation or require court order, redaction, or other protections. The enacted bill was requested by the Department of Health and Human Services and processed through the Human Services Committee.
Impact
- The law tightens confidentiality protections, clarifies who may receive autopsy‑related records and images, sets redaction/anonymization requirements for educational uses, and balances investigative, public‑health, research, and family‑notification interests while setting predictable public‑release timing.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
