§19. Records of a coroner; autopsy photographs, video, and other visual images

A.(1) Notwithstanding any provision of this Chapter to the contrary, any medical record or personal medical history of a deceased person in the custody of a coroner shall be confidential and shall not be subject to examination, inspection, or copying pursuant to R.S. 44:31, 32, or 33.

(2) For purposes of this Subsection, the phrase "medical record or personal medical history of a deceased person" shall mean information regarding the physical, mental, or behavioral health or condition of a deceased person prior to death.

(3) The provisions of Paragraph (1) of this Subsection shall not apply to a death certificate, fact of death letter, or coroner's report.

B. Notwithstanding any other provision of law to the contrary, photographs, video, or other visual images, in whatever form, of or relating to an autopsy conducted under the authority of the office of the coroner shall be confidential, are deemed not to be public records, and shall not be released by the office of the coroner or any officer, employee, or agent thereof except as otherwise provided in this Section.

C. Nothing in this Section shall prevent the release of information in the custody of a coroner, including autopsy photographs, video, or other visual images, in whatever form, of or relating to an autopsy conducted under the authority of the office of the coroner as follows:

(1) To a family member of the deceased or his designee.

(2) To the succession representative of the deceased's estate or his designee.

(3) To a law enforcement agency, for official use only.

(4) To a qualified dentist, forensic anthropologist, or forensic pathologist as necessary to establish the identity of the deceased.

(5) As directed by a court order or subpoena.

D. Nothing in this Section shall prevent the inspection of photographs, video, or other visual images, in whatever form, of or relating to an autopsy.

E. Coroner death investigation documents shall include the following:

(1) A fact of death letter is a written statement attesting to the fact of death, which shall constitute proof of death for all purposes, including but not limited to any claim under any policy of insurance issued on the life of the deceased individual. The fact of death letter shall be a public record. The fact of death letter shall be provided, upon request, to the spouse, parent, sibling, child, grandchild, niece, nephew, aunt, or uncle of the decedent. If there is no spouse, parent, sibling, child, grandchild, niece, nephew, aunt, or uncle of the decedent, then the coroner shall provide one copy of the autopsy report, upon request, to the next of kin.

(2) A death investigation report is the work product of the coroner and is an internal document that comprehensively records the findings and all known information about the case created by both the investigative and administrative staff of the coroner's office. The death investigation report is not a public document. However, it shall be made available at no charge to the appropriate law enforcement agencies as requested and is subject to subpoena. The death investigation report shall also be made available, upon request, to the spouse, parent, sibling, child, grandchild, niece, nephew, aunt, or uncle of the decedent. If there is no spouse, parent, sibling, child, grandchild, niece, nephew, aunt, or uncle of the decedent, then the coroner shall provide one copy of the autopsy report, upon request, to the next of kin.

(3) A coroner's report is a document that includes the name of the decedent, address, sex, date of birth, age, and race of the decedent, date and time of death, place of death, date and time of autopsy, when applicable, and the cause and manner of death, including any scientifically contributing factors. The coroner's report is a public record, and the coroner or his designee shall release this report to the news media, any other person, the Department of Children and Family Services, when appropriate, the spouse, parent, sibling, child, grandchild, niece, nephew, aunt, or uncle of the decedent, or to the person with the right to control and authorize the interment of the decedent as provided in R.S. 8:655(A). However, nothing in this Paragraph shall authorize the release of the information set forth in this Paragraph prior to notification of the next of kin of the deceased unless no next of kin can be determined or, despite reasonable efforts by the coroner's office, no next of kin can be located. The provisions of this Paragraph shall not require the release of information in non-coroner cases, nor shall it prohibit the coroner from releasing information pursuant to R.S. 13:5713 or Children's Code Article 609 to the Department of Children and Family Services.

(4) A post-mortem forensic medical examination report, referred to as the "autopsy report", may include an external examination only, an external examination with toxicology, toxicology only, or an autopsy with supporting laboratory evaluation. The post-mortem forensic medical examination report is a document that is the work product of the coroner that contains the name of the decedent, address, date of birth, age, sex, and race of the decedent, date and time of death, place of death, date and time of autopsy, when applicable, name of the doctor performing the autopsy and names of all persons present at the autopsy, and information regarding the autopsy, including whether the autopsy was requested or performed by operation of law, a listing of the physical findings of the autopsy, a summary in narrative form of the medical findings and conclusions, toxicology, histology, and radiology findings, when applicable, and the cause and manner of death. The post-mortem forensic medical examination report is not a public document except as provided in Paragraph (6) of this Subsection, or if ordered opened to the public by a court of competent jurisdiction. However, it shall be made available at no charge to the appropriate law enforcement agencies as requested and is subject to subpoena. The coroner shall provide one copy of this document upon request by the spouse, parent, sibling, child, grandchild, niece, nephew, aunt, or uncle of the decedent, or the next of kin pursuant to R.S. 8:655(A) and one copy of this document upon request by the decedent's physician. The provisions of this Paragraph shall not apply to the medical records of the decedent or any records generated by any public entity other than the coroner and those records shall be obtained from the entity generating them in accordance with other applicable provisions of law.

(5) Nothing in this Subsection shall prohibit a coroner from providing the documents described in this Subsection to the Louisiana Department of Health, office of public health, for mortality surveillance and other purposes related to public health. The office of public health shall treat any such documents as confidential, and such documents shall not be subject to release pursuant to a public records request or subpoena to the Louisiana Department of Health or the office of public health.

(6) Notwithstanding any other provision of this Section, any post-mortem forensic medical examination report used in the investigation of any criminal activity or death of any person in the custody or control of any law enforcement or corrections entity authorized by the constitution and laws of the United States or the state of Louisiana is a public record subject to the provisions of R.S. 44:3(A)(1).

Acts 2001, No. 117, §1; Acts 2010, No. 849, §1, eff. June 30, 2010; Acts 2018, No. 621, §3.