§ 5–1412. Maintenance of records; annual report.

(a) The CME shall be responsible for maintaining full and complete records and files, properly indexed, giving the name, if known, of every person whose death is investigated, the place where the body was found, the date, cause and manner of death and all other relevant information and reports of the medical examiner concerning the death. The CME shall issue a death certificate in all appropriate cases.

(a-1) Records and files related to an open investigation of a homicide shall be retained for 65 years from the date the CME initiates its investigation of the homicide. Other records and files maintained under subsection (a) of this section shall be retained by the CME for periods of time established by regulations issued pursuant to § 5-1417. For the purposes of this subsection, the term “open investigation” shall have the same meaning as provided in § 5-113.31(10).

(b) Except as provided in subsection (c-2)(3) of this section, the records and files maintained pursuant to subsection (a) of this section shall be open, upon request, to inspection by any person designated by the Mayor, the Office of the United States Attorney for the District of Columbia, the Metropolitan Police Department or another law enforcement agency, a government health or safety organization, or a fatality review committee or board of the District government when such inspection is necessary for the discharge of its official duties. Upon request by such person, the CME shall promptly deliver to such person copies of records relating to the deaths as to which further investigation may be advisable.

(c-1) An external examination or autopsy report of a decedent in the CME's records and files:

(1) Shall be a public record under subchapter II of Chapter 5 of Title 2, only as to the following information:

(A) Name of the decedent;

(B) Race of the decedent;

(D) Age of the decedent;

(E) Cause of death;

(F) Manner of death;

(G) Place of death;

(H) Case identification number;

(I) Date of examination; and

(J) Name of the examiner performing the external examination or autopsy; and

(2) May be obtained directly from the CME by the following persons, without those persons being required to make a request for records pursuant to § 2-532(a), after written request and payment of such fees as may be prescribed by regulations issued pursuant to § 5-1417:

(A) A person with the right to control the disposition of the decedent's remains pursuant to § 3-413;

(B) A person without the right to control the disposition of the decedent's remains pursuant to § 3-413 if:

(i) The person has the written consent of a person having the right to control the disposition of the decedent's remains pursuant to § 3-413; or

(ii) The person has the authority to receive the external examination or autopsy report under a properly issued subpoena in a matter pending before a court having personal jurisdiction over the CME, if a copy of the subpoena has been properly served on the person with the right to control the disposition of the decedent's remains pursuant to § 3-413; or

(C) A healthcare provider, healthcare facility, or medical peer review committee in furtherance of a review of the decedent's care.

(c-2) A photograph, negative, video, print or other image of a decedent, or any portion of the body of a decedent, in the CME's records and files, shall not be disclosed by the CME except for:

(1) Use or potential use in a criminal action or proceeding that relates to the decedent's death;

(2) Use or potential use in a civil action or proceeding that relates to the decedent's death, pursuant to:

(A) The written authorization of a person with the right to control the disposition of the decedent's remains pursuant to § 3-413; or

(B) A valid subpoena;

(3) A purpose necessary to further an investigation by a person identified in subsection (b) of this section; or

(4) Use in medical or scientific education or research where the identity of the decedent is kept confidential.

(d) The CME shall prepare an annual report to the Mayor which includes information on the number of autopsies performed, statistics as to the causes of deaths, and any other relevant information the Mayor may require. The annual report shall be open to inspection by the public. The annual report shall not identify by name, deceased persons examined.

(e) For the purposes of this section, the term "government health or safety organization" means a state or federal agency responsible for protecting health or safety, including the Centers for Disease Control and Prevention, the Consumer Product Safety Commission, the Federal Aviation Administration, the National Transportation Safety Board, and the Occupational Safety and Health Administration.

(Oct. 19, 2000, D.C. Law 13-172, § 2913, 47 DCR 6308; Oct. 3, 2001, D.C. Law 14-28, § 4619(c), 48 DCR 6981; July 15, 2004, D.C. Law 15-174, § 201(b), 51 DCR 3677; Feb. 23, 2023, D.C. Law 24-241, § 2(b), 70 DCR 232.)

Prior Codifications

1981 Ed., § 11-2309.

Section References

This section is referenced in § 5-1413.

Effect of Amendments

D.C. Law 14-28 substituted “official, and the Child Fatality Review Committee when necessary for the discharge of its official duties” for “official” in subsec. (b).

D.C. Law 15-174 added subsec. (a-1).

Emergency Legislation

For temporary (90 day) addition of section, see § 2913 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 19(c) of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

For temporary (90 day) amendment of section, see § 19(c) of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14-82, July 9, 2001, 48 DCR 6355).

Temporary Legislation

For temporary (225 day) amendment of section, see § 19(c) of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

Delegation of Authority

Delegation of Authority Pursuant to Title XXIX of D.C. Law 13-172, the “Fiscal Year 2001 Budget Support Act of 2000” Creating the Office of the Chief Medical Examiner, see Mayor’s Order 2001-04, January 5, 2001 ( 48 DCR 938).