EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0290*
HOUSE BILL 290
J1, P1 5lr0260
(PRE–FILED) CF SB 115
By: Chair, Health and Government Operations Committee (By Request –
Departmental – Health)
Requested: October 9, 2024
Introduced and read first time: January 8, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Office of the Chief Medical Examiner – Disclosure of Autopsy Information and 2
Maintenance of Investigative Database 3
FOR the purpose of altering the autopsy information in a public record with respect to 4
which a custodian is required to deny inspection; requiring the Office of the Chief 5
Medical Examiner to maintain an investigative database; providing that certain data 6
and records maintained in the database are not public records and not subject to the 7
Maryland Public Information Act; and generally relating to the Office of the Chief 8
Medical Examiner. 9
BY repealing and reenacting, with amendments, 10
Article – General Provisions 11
Section 4–329 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Health – General 16
Section 5–301 and 5–310 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2024 Supplement) 19
Preamble 20
WHEREAS, The safeguarding of personal information pertaining to decedents is a 21
matter of pressing concern, as these details are presently susceptible to exposure under the 22
current parameters of the Maryland Public Information Act; and 23
WHEREAS, The Office of the Chief Medical Examiner’s duty to protect sensitive 24 2 HOUSE BILL 290
personal information highlighted an essential requirement to curb the undue and extensive 1
release of sensitive personal information from postmortem examinations; and 2
WHEREAS, There is uncertainty concerning the definition of an autopsy report and 3
the determination of which Office of the Chief Medical Examiner records should be 4
accessible by the public; and 5
WHEREAS, It is unclear whether records stored in the Chief Medical Examiner 6
electronic database qualify as public records subject to the Maryland Public Information 7
Act; now, therefore, 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – General Provisions 11
4–329. 12
(A) IN THIS SECTION , “FINAL AUTOPSY DIAGNO SIS” MEANS THE 13
INTERPRETATIONS AND CONCLUSIONS OF A MED ICAL EXAMINER OR FOR ENSIC 14
PATHOLOGIST THAT ARE PART OF AN AUTOPSY R EPORT. 15
[(a)] (B) Except for subsection [(b)(3)] (C)(3) of this section, this section does not 16
apply to: 17
(1) a nursing home as defined in § 19–1401 of the Health – General Article; 18
or 19
(2) an assisted living program as defined in § 19 –1801 of the 20
Health – General Article. 21
[(b)] (C) Subject to subsection [(c)] (D) of this section, a custodian shall deny 22
inspection of the part of a public record that contains: 23
(1) medical or psychological information about an individual, other than 24
[an autopsy report of a medical examiner] A FINAL AUTOPSY DIAGNOSIS; 25
(2) personal information about an individual with, or perceived to have, a 26
disability as defined in § 20–701 of the State Government Article; or 27
(3) any report on human immunodeficiency virus or acquired 28
immunodeficiency syndrome submitted in accordance with Title 18 of the Health – General 29
Article. 30
[(c)] (D) A custodian shall allow the person in interest to inspect the public 31
record to the extent allowed under § 4–304(a) of the Health – General Article. 32 HOUSE BILL 290 3
Article – Health – General 1
5–301. 2
(a) In this subtitle the following words have the meanings indicated. 3
(B) “AUTOPSY REPORT ” MEANS A DOCUMENT DET AILING THE MEDICAL 4
FINDINGS, INTERPRETATIONS , AND CONCLUSIONS OF A POSTMORTEM 5
EXAMINATION PERFORME D BY A MEDICAL EXAMI NER OR FORENSIC PATHOLOGIST . 6
[(b)] (C) “Committee” means the Postmortem Examiners Advisory Committee. 7
(D) “FINAL AUTOPSY DIAGNOS IS” MEANS THE INTERPRETA TIONS AND 8
CONCLUSIONS OF A MED ICAL EXAMINER OR FOR ENSIC PATHOLOGIST TH AT ARE 9
PART OF AN AUTOPSY R EPORT. 10
[(c)] (E) “Medical examiner’s case” means a death that a medical examiner is 11
required by law to investigate. 12
[(d)] (F) “Office” means the Office of the Chief Medical Examiner. 13
5–310. 14
(a) (1) The Office of the Chief Medical Examiner shall keep complete records 15
on each medical examiner’s case. 16
(2) The records shall be indexed properly and include: 17
(i) The name, if known, of the deceased; 18
(ii) The place where the body was found; 19
(iii) The date, cause, and manner of death; and 20
(iv) All other available information about the death. 21
(3) (I) THE OFFICE OF THE CHIEF MEDICAL EXAMINER SHALL 22
MAINTAIN A CHIEF MEDICAL EXAMINER INVESTIGATIV E DATABASE THAT INCL UDES 23
RECORDS ON EACH MEDI CAL EXAMINER ’S OR FORENSIC PATHOL OGIST’S CASE. 24
(II) EXCEPT FOR A FINAL AU TOPSY DIAGNOSIS , ELECTRONIC 25
DATA OR A RECORD STO RED IN THE CHIEF MEDICAL EXAMINER INVESTIGATIV E 26
DATABASE, OR A COMPARABLE DATA BASE MANAGED BY THE OFFICE FOR USE IN ANY 27
MEDICAL EXAMINER ’S CASE, IS NOT CONSIDERED A PUBLIC RECORD AND SH ALL BE 28 4 HOUSE BILL 290
EXEMPT FROM INSPECTI ON UNDER THE MARYLAND PUBLIC INFORMATION ACT. 1
(b) The original report of the medical examiner who investigates a medical 2
examiner’s case and the findings and conclusions of any autopsy shall be attached to the 3
record of the medical examiner’s case. 4
(c) The Chief Medical Examiner or, if the Chief Medical Examiner is absent or 5
cannot act, the Deputy Chief Medical Examiner or an assistant medical examiner, and each 6
deputy medical examiner promptly shall deliver to the State’s Attorney for the county 7
where the body was found a copy of each record that relates to a death for which the medical 8
examiner considers further investigation advisable. A State’s Attorney may obtain from the 9
office of a medical examiner a copy of any record or other information that the State’s 10
Attorney considers necessary. 11
(d) (1) In this subsection, “record”: 12
(i) Means the result of an external examination of or an autopsy on 13
a body; and 14
(ii) Does not include a statement of a witness or other individual. 15
(2) A record of the Office of the Chief Medical Examiner or any deputy 16
medical examiner, if made by the medical examiner or by anyone under the medical 17
examiner’s direct supervision or control, or a certified transcript of that record, is competent 18
evidence in any court in this State of the matters and facts contained in it. 19
(e) (1) The Office of the Chief Medical Examiner shall charge a reasonable fee 20
for reports as specified in a schedule of fees defined in the regulations of the Office of the 21
Chief Medical Examiner. 22
(2) A deputy medical examiner may keep any fee collected by the deputy 23
medical examiner. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2025. 26