EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 779
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By: Senator King
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Office of the Chief Medical Examiner – Access to Records – Attorney General 2
FOR the purpose of requiring the Office of the Chief Medical Examiner to provide the 3
Attorney General or the Attorney General’s designee with any record that the 4
Attorney General or the Attorney General’s designee requests for the purpose of 5
conducting a legal compliance audit of potential bias in the operation of the Office of 6
the Chief Medical Examiner; and generally relating to the Office of the Chief Medical 7
Examiner, the Attorney General, and access to records. 8
BY repealing and reenacting, with amendments, 9
Article – Health – General 10
Section 5–311 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2021 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Health – General 16
5–311. 17
(a) (1) The Office of the Chief Medical Examiner shall keep complete records 18
on each medical examiner’s case. 19
(2) The records shall be indexed properly and include: 20
(i) The name, if known, of the deceased; 21
(ii) The place where the body was found; 22
2 SENATE BILL 779
(iii) The date, cause, and manner of death; and 1
(iv) All other available information about the death. 2
(b) The original report of the medical examiner who investigates a medical 3
examiner’s case and the findings and conclusions of any autopsy shall be attached to the 4
record of the medical examiner’s case. 5
(c) The Chief Medical Examiner or, if the Chief Medical Examiner is absent or 6
cannot act, the Deputy Chief Medical Examiner or an assistant medical examiner, and each 7
deputy medical examiner promptly shall deliver to the State’s Attorney for the county 8
where the body was found a copy of each record that relates to a death for which the medical 9
examiner considers further investigation advisable. A State’s Attorney may obtain from the 10
office of a medical examiner a copy of any record or other information that the State’s 11
Attorney considers necessary. 12
(d) (1) In this subsection, “record”: 13
(i) Means the result of an external examination of or an autopsy on 14
a body; and 15
(ii) Does not include a statement of a witness or other individual. 16
(2) A record of the Office of the Chief Medical Examiner or any deputy 17
medical examiner, if made by the medical examiner or by anyone under the medical 18
examiner’s direct supervision or control, or a certified transcript of that record, is competent 19
evidence in any court in this State of the matters and facts contained in it. 20
(e) (1) The Office of the Chief Medical Examiner shall charge a reasonable fee 21
for reports as specified in a schedule of fees defined in the regulations of the Office of the 22
Chief Medical Examiner. 23
(2) A deputy medical examiner may keep any fee collected by the deputy 24
medical examiner. 25
(F) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 26
MEANINGS INDICATED . 27
(II) “DOCUMENTARY MATERIAL ” HAS THE MEANING STAT ED IN 28
§ 2–601 OF THIS ARTICLE. 29
(III) “RECORD”: 30
1. MEANS THE ORIGINAL OR A COPY OF ANY 31
DOCUMENTARY MATERIAL IN ANY FORM THAT : 32
SENATE BILL 779 3
A. IS IN THE CUSTODY OF THE OFFICE OF THE CHIEF 1
MEDICAL EXAMINER; AND 2
B. RELATES TO THE OPERAT ION OF THE OFFICE OF THE 3
CHIEF MEDICAL EXAMINER; AND 4
2. INCLUDES A MEDICAL RE CORD AS DEFINED IN § 5
4–301(J) OF THIS ARTICLE. 6
(2) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THE OFFICE 7
OF THE CHIEF MEDICAL EXAMINER SHALL PROVID E THE ATTORNEY GENERAL OR 8
THE ATTORNEY GENERAL’S DESIGNEE WITH ANY RECORD REQUESTED BY THE 9
ATTORNEY GENERAL OR THE ATTORNEY GENERAL’S DESIGNEE FOR THE PUR POSE 10
OF CONDUCTING A LEGA L COMPLIANCE AUDIT O F POTENTIAL BIAS IN THE 11
OPERATION OF THE OFFICE OF THE CHIEF MEDICAL EXAMINER. 12
(3) THE OFFICE OF THE CHIEF MEDICAL EXAMINER MAY NOT 13
CHARGE A FEE FOR PRO VIDING A RECORD UNDE R THIS SUBSECTIO N. 14
(4) THE OFFICE OF THE ATTORNEY GENERAL MAY REDISCLOS E ANY 15
RECORD PROVIDED UNDE R THIS SUBSECTION OU TSIDE THE OFFICE OF THE 16
ATTORNEY GENERAL ONLY IN ACCOR DANCE WITH: 17
(I) TITLE 4 OF THE GENERAL PROVISIONS ARTICLE; AND 18
(II) FOR MEDICAL RECORDS , § 4–302(D) OF THIS ARTICLE. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2022. 21