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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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

  

 

PRIOR PRINTER'S NO. 251

PRINTER'S NO.  1815

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

298

Session of

2011

  

  

INTRODUCED BY GODSHALL, CALTAGIRONE, CREIGHTON, CUTLER, DALEY, GEIST, GIBBONS, HARPER, HESS, KAUFFMAN, KNOWLES, MILLER, OBERLANDER, O'NEILL, PASHINSKI, PICKETT, READSHAW, REICHLEY, ROCK, SWANGER, DENLINGER AND MILNE, JANUARY 27, 2011

  

  

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 10, 2011  

  

  

  

AN ACT

  

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Amending Title 20 (Decedents, Estates and Fiduciaries) of the

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Pennsylvania Consolidated Statutes, providing for autopsies.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Title 20 of the Pennsylvania Consolidated

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Statutes is amended by adding a chapter to read:

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CHAPTER 89

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AUTOPSIES

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Sec.

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8901.  Definitions.

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8902.  Preparation of autopsy audiovisual material.

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8903.  Confidentiality.

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8904.  Penalties.

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§ 8901.  Definitions.

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The following words and phrases when used in this chapter

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shall have the meanings given to them in this section unless the

 


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context clearly indicates otherwise:

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"Autopsy."  An examination of a body after death to determine

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the:

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(1)  cause of death; or

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(2)  character and extent of changes produced by disease

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or injury.

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"Autopsy audiovisual material."  Any of the following:

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(1)  A photograph of the body of the decedent.

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(2)  A video recording of the autopsy.

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(3)  An audio recording of the autopsy.

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"Law enforcement officer."  The term includes an

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investigative and a prosecutorial officer.

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§ 8902.  Preparation of autopsy audiovisual material.

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Autopsy audiovisual material may not be prepared by an

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individual unless the individual has the written consent of:

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(1)  the physician performing the autopsy; or

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(2)  the coroner or medical examiner authorized by law to

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perform or order the autopsy.

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§ 8903.  Confidentiality.

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(a)  General rule.--

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(1)  Except as set forth under subsection (b), autopsy

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audiovisual material is confidential. Autopsy audiovisual

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material may not be released by any of the following:

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(i)  The physician, coroner or medical examiner who

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performed or ordered the autopsy.

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(ii)  An individual who assisted the physician,

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coroner or medical examiner under subparagraph (i).

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(iii)  An individual who participated in the

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preparation of autopsy audiovisual material.

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(iv)  The facility where the autopsy was performed.

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(2)  Autopsy audiovisual material shall not be deemed

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official records and papers of the coroner and shall not be

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subject to section 1251 of the act of August 9, 1955

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(P.L.323, No.130), known as The County Code.

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(b)  Exception.--Subsection (a) does not apply to a release

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of autopsy audiovisual material in any of the following

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circumstances:

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(1)  Pursuant to consent of the decedent or a personal

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representative, except that during an investigation by law

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enforcement or a coroner, the information shall only be

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released in accordance with paragraph (4)(ii) 5(ii) and

<--

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(iii).

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(2)  To a Federal, State or local law enforcement officer

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in the performance of official duties.

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(3)  To the coroner or medical examiner for use in the

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performance of official duties or training, including

<--

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conferral with medical or scientific experts, for teaching

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and training.

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(4)  When an autopsy is conducted pursuant to consent of

<--

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the decedent or personal representative, to a physician who

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uses the materials for teaching, training or publication in a

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medical or scientific journal or textbook, provided the

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identity of the decedent is redacted so as to reasonably

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render the decedent anonymous.

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(4) (5)  To a person pursuant to a court order of public

<--

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necessity or, during litigation, pursuant to a court order.

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For an order under this paragraph, the following apply:

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(i)  There must be notice to the personal

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representative of the subject decedent.

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(ii)  There must be a hearing.

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(iii)  The court must determine, based upon clear and

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convincing evidence, all of the following:

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(A)  Release of the autopsy audiovisual material

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is necessary to protect public health or safety or is

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material and relevant to the litigation.

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(B)  The necessity under clause (A) overrides the

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privacy interest of the decedent and the family of

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the decedent.

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§ 8904.  Penalties.

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(a)  Preparation.--An individual who violates section 8902

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(relating to preparation of autopsy audiovisual material)

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commits a misdemeanor of the second degree.

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(b)  Confidentiality.--A person that violates section 8903

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(relating to confidentiality) commits a misdemeanor of the first

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degree.

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Section 2.  This act shall take effect in 60 days.

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