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North Dakota House Bill HB1068

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1068 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1068
4-(Human Services Committee)
1+25.8082.01002
2+Title.02000
3+Adopted by the Human Services
4+Committee
5+Sixty-ninth
6+February 3, 2025
7+Legislative Assembly
8+of North Dakota
9+Introduced by
10+Human Services Committee
511 (At the request of the Department of Health and Human Services)
6-AN ACT to amend and reenact sections 23-01-05.5, 43-10-10.1, and 44-04-18.18 of the North Dakota
7-Century Code, relating to autopsy reports, working papers, funeral practice exceptions, and
8-photographs.
12+A BILL for an Act to amend and reenact sections 23-01-05.5, 43-10-10.1, and 44-04-18.18 of
13+the North Dakota Century Code, relating to autopsy reports, working papers, funeral practice
14+exceptions, and photographs.
915 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10-SECTION 1. AMENDMENT. Section 23-01-05.5 of the North Dakota Century Code is amended and
11-reenacted as follows:
16+SECTION 1. AMENDMENT. Section 23-01-05.5 of the North Dakota Century Code is
17+amended and reenacted as follows:
1218 23-01-05.5. Autopsy reports, working papers, and images - Confidential - Exceptions.
1319 1.As used in this section:
14-a."Autopsy report" means the report of the forensic examiner or the examiner's designee
15-on the post-mortem examination of a deceased individual to determine the cause and
16-manner of death, including any written analysis, diagram, photograph, or toxicological
17-test results.
18-b."Notes" means the notes or dictations taken or created by the state forensic examiner or
19-the examiner's designee during the course of an investigation into the cause and manner
20-of death of a decedent.
21-c."Report of death" means the official findings on the cause of death and manner of death
22-issued by the state forensic examiner, the examiner's designee, county coroner, or
23-pathologist performing an autopsy ordered by a county coroner or by the state forensic
24-examiner and which is the face page of the autopsy report identifying the decedent and
25-stating the cause of death and manner of death.
26-d."Working papers" means the medical records, investigatory records, law enforcement
27-records, and other records or materials collected or compiled by the state forensic
28-examiner or the examiner's designee and the notes or dictations created by the state
29-forensic examiner or the examiner's designee during the course of an investigation into
30-the cause and manner of death of a decedent. The term does not include autopsy
31-photographs or other visual images or video or audio recordings of an autopsy taken by
32-the state forensic examiner, the examiner's designee, prosecutor, criminal justice agency,
33-any employee or agent of a criminal justice agency, or any other individual, or other
34-photographs or visual images of the decedent which may have been taken by law
35-enforcement or other individuals.
20+a."Autopsy report" means the report of the forensic examiner or the examiner's
21+designee on the post-mortem examination of a deceased individual to determine
22+the cause and manner of death, including any written analysis, diagram,
23+photograph, or toxicological test results.
24+b."Notes" means the notes or dictations taken or created by the state forensic
25+examiner or the examiner's designee during the course of an investigation into
26+the cause and manner of death of a decedent.
27+c."Report of death" means the official findings on the cause of death and manner of
28+death issued by the state forensic examiner, the examiner's designee, county
29+coroner, or pathologist performing an autopsy ordered by a county coroner or by
30+the state forensic examiner and which is the face page of the autopsy report
31+identifying the decedent and stating the cause of death and manner of death.
32+Page No. 1 25.8082.01002
33+ HOUSE BILL NO. 1068
34+PROPOSED AMENDMENTS TO
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56+d."Working papers" means the medical records, investigatory records, law
57+enforcement records, and other records or materials collected or compiled by the
58+state forensic examiner or the examiner's designee and the notes or dictations
59+created by the state forensic examiner or the examiner's designee during the
60+course of an investigation into the cause and manner of death of a decedent. The
61+term does not include autopsy photographs or other visual images or video or
62+audio recordings of an autopsy taken by the state forensic examiner, the
63+examiner's designee, prosecutor, criminal justice agency, any employee or agent
64+of a criminal justice agency, or any other individual, or other photographs or
65+visual images of the decedent which may have been taken by law enforcement or
66+other individuals.
3667 2.An autopsy report and any working papers and notes relating to an autopsy report are
37-confidential and may be disclosed only as permitted by this section. The report of death is
38-subject to disclosure as follows:
39-a.TheIf requested before the report of death becomes a public record, the next of kin or
40-authorized representative requesting the report of death is responsible for providing to
41-the state forensic examiner or the examiner's designee satisfactory proof of relationship
42-to the deceased and contact information for notification of the report of death.
68+confidential and may be disclosed only as permitted by this section. The report of
69+death is subject to disclosure as follows:
70+a.TheIf requested before the report of death becomes a public record, the next of
71+kin or authorized representative requesting the report of death is responsible for
72+providing to the state forensic examiner or the examiner's designee satisfactory
73+proof of relationship to the deceased and contact information for notification of
74+the report of death.
4375 b.When in receipt of the information in subdivision a, the state forensic examiner,
44-examiner's designee, county coroner, or pathologist who performed the autopsy shall H. B. NO. 1068 - PAGE 2
45-make a good faith effort to immediately notify the decedent's next of kin or authorized
46-representative of the availability of the report of death. The notification or attempts to
47-notify the next of kin or authorized representative must be recorded and must precede
48-any public disclosure of the report of death.
49-c.The report of death becomes a public record eight days after the report of death is
50-finalized.
51-3.Subject to the limitations on the disclosure of an autopsy photograph or other visual image or
52-video or audio recording of an autopsy required under section 44 -04-18.18, any
53-workingWorking papers and notes relating to a final autopsy report may be disclosed pursuant
54-to a court orderin accordance with section 44 - 04 - 18.11 and as otherwise expressly provided
55-by lawsubsection 5 .
76+examiner's designee, county coroner, or pathologist who performed the autopsy
77+shall make a good faith effort to immediately notify the decedent's next of kin or
78+authorized representative of the availability of the report of death. The notification
79+or attempts to notify the next of kin or authorized representative must be
80+recorded and must precede any public disclosure of the report of death.
81+c.The report of death becomes a public record eight days after the report of death
82+is finalized.
83+3.Subject to the limitations on the disclosure of an autopsy photograph or other visual
84+image or video or audio recording of an autopsy required under section 44-04-18.18,
85+any workingWorking papers and notes relating to a final autopsy report may be
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118+disclosed pursuant to a court orderin accordance with section 44 - 04 - 18.11 and as
119+otherwise expressly provided by lawsubsection 5 .
56120 4.An autopsy report is confidential and may be disclosed in accordance with section
57121 44 - 04 - 18.11 and subsections 5 and 6.
58-5.The state forensic examiner or the examiner's designee shall disclose a copy of the autopsy
59-report and working papers to:
60-a.To anyA county coroner, including a coroner in any state or Canadian province, with
61-jurisdiction over the death, and the coroner may use or disclose these records for
62-purposes of an investigation, inquest, or prosecution.
63-b.To any state's attorneyA prosecutor or criminal justice agency, as defined by section
64-44 - 04 - 18.7 , including a prosecutor or criminal justice agency of the United States, any
65-state, or any Canadian province, with jurisdiction over an investigation of the death and
66-the state's attorneyprosecutor or criminal justice agency may use or disclose these
67-records for the purposes of an investigation or prosecution.
68-c.To workforceWorkforce safety and insurance if the death is related to the decedent's
69-work, and to any other workers' compensation or other similar program, established by
70-law, that provides benefits for work-related injuries or illness without regard to fault if
71-there is no criminal investigation.
122+5.The state forensic examiner or the examiner's designee shall disclose a copy of the
123+autopsy report and working papers to:
124+a.To anyA county coroner, including a coroner in any state or Canadian province,
125+with jurisdiction over the death, and the coroner may use or disclose these
126+records for purposes of an investigation, inquest, or prosecution.
127+b.To any state's attorneyA prosecutor or criminal justice agency, as defined by
128+section 44 - 04 - 18.7 , including a prosecutor or criminal justice agency of the
129+United States, any state, or any Canadian province, with jurisdiction over an
130+investigation of the death and the state's attorneyprosecutor or criminal justice
131+agency may use or disclose these records for the purposes of an investigation or
132+prosecution.
133+c.To workforceWorkforce safety and insurance if the death is related to the
134+decedent's work, and to any other workers' compensation or other similar
135+program, established by law, that provides benefits for work-related injuries or
136+illness without regard to fault if there is no criminal investigation.
72137 d.To theThe child fatality review panel if there is no active criminal investigation.
73138 e.The suicide fatality review commission if there is no active criminal investigation.
74139 f.In accordance with a court order.
75-5.6.TheIf there is no active criminal investigation, the state forensic examiner or the examiner's
76-designee upon request shall disclose a copy of the autopsy report to:
140+5.6.TheIf there is no active criminal investigation, the state forensic examiner or the
141+examiner's designee upon request shall disclose a copy of the autopsy report to:
77142 a.The decedent's personal representative and to the.
78-b.The decedent's spouse, child eighteen years of age or older, or parent, upon proof of the
79-relationship, if there is no active criminal investigation.
80-b.c.A physician or hospital whothat treated the deceaseddecedent immediately prior tobefore
81-death if there is no active criminal investigation.
82-c.d.An insurance company upon proof that the decedent's life was covered by a policy
83-issued by the company if there is no active criminal investigation.
143+b.The decedent's spouse, child eighteen years of age or older, or parent, upon
144+proof of the relationship, if there is no active criminal investigation.
145+b.c.A physician or hospital whothat treated the deceaseddecedent immediately prior
146+tobefore death if there is no active criminal investigation.
147+c.d.An insurance company upon proof that the decedent's life was covered by a
148+policy issued by the company if there is no active criminal investigation.
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84182 d.e.The food and drug administration, the national transportation safety board, the
85-occupational health and safety administration, and any other federal or state agency with
86-authority to obtain an autopsy report to investigate a death resulting from the decedent's
87-type of injury or illness. H. B. NO. 1068 - PAGE 3
88-e.f.A professional or research organization collecting data to initiate or advance death
89-investigation standards, after the identifiers necessary to create a limited data set under
90-title 45, Code of Federal Regulations, part 164, section 514, subsection e have been
91-removed from the report.
183+occupational health and safety administration, and any other federal or state
184+agency with authority to obtain an autopsy report to investigate a death resulting
185+from the decedent's type of injury or illness.
186+e.f.A professional or research organization collecting data to initiate or advance
187+death investigation standards, after the identifiers necessary to create a limited
188+data set under title 45, Code of Federal Regulations, part 164, section 514,
189+subsection e have been removed from the report.
92190 g.The maternal mortality review committee.
93-6.7.An autopsy photograph or other visual image or a video or audio recording of an autopsy
94-taken by the state forensic examiner, the examiner's designee, prosecutor, criminal justice
95-agency, any employee or agent of a criminal justice agency, or any other individual is
96-confidential and may be disclosed in accordance with section 44 - 04 - 18.11 and as provided in
97-this subsection:
98-a.The state forensic examiner or the examiner's designee shall, upon request, disclose a
99-copy of autopsy photographs or other visual images or video or audio recordings of an
100-autopsy to any prosecutor or criminal justice agency as defined by section 44 - 04 - 18.7,
101-including a prosecutor or criminal justice agency of the United States, any state, or any
102-Canadian province, with jurisdiction over an investigation of the death and the prosecutor
103-or criminal justice agency may use or disclose these records for the purposes of an
104-investigation or prosecution.
105-b.After redacting all information identifying the decedent, including name, address, and
106-social security number, and anonymizing facial recognition, a medical examiner, coroner,
107-or physician may use an autopsy photograph, image, or video or audio recording for:
191+6.7.An autopsy photograph or other visual image or a video or audio recording of an
192+autopsy taken by the state forensic examiner, the examiner's designee, prosecutor,
193+criminal justice agency, any employee or agent of a criminal justice agency, or any
194+other individual is confidential and may be disclosed in accordance with section
195+44 - 04 - 18.11 and as provided in this subsection:
196+a.The state forensic examiner or the examiner's designee shall, upon request,
197+disclose a copy of autopsy photographs or other visual images or video or audio
198+recordings of an autopsy to any prosecutor or criminal justice agency as defined
199+by section 44 - 04 - 18.7, including a prosecutor or criminal justice agency of the
200+United States, any state, or any Canadian province, with jurisdiction over an
201+investigation of the death and the prosecutor or criminal justice agency may use
202+or disclose these records for the purposes of an investigation or prosecution.
203+b.After redacting all information identifying the decedent, including name, address,
204+and social security number, and anonymizing facial recognition, a medical
205+examiner, coroner, or physician may use an autopsy photograph, image, or video
206+or audio recording for:
108207 (1)Medical or scientific teaching or training purposes;
109208 (2)Teaching or training of law enforcement personnel;
110-(3)Teaching or training of attorneys or others with a bona fide professional need to use
111-or understand forensic science;
209+(3)Teaching or training of attorneys or others with a bona fide professional
210+need to use or understand forensic science;
112211 (4)Conferring with medical or scientific experts;
113212 (5)Publication in a scientific or medical journal or textbook; or
114-(6)Teaching or training of coroner personnel or other licensed or certified medical
115-professionals.
116-c.The decedent's spouse, child eighteen years of age or older, or parent, upon proof of the
117-relationship, may view an autopsy photograph, image, or recording in the business office
118-of a medical examiner, coroner, or physician who has possession of the materials, if
119-there is not an active criminal investigation or prosecution.
120-d.Upon receipt by the requestor of a court order requiring disclosure and a court-issued
121-protective order in accordance with section 44 - 04 - 18.11, the state forensic examiner or
122-the examiner's designee shall disclose a copy of autopsy photographs or other visual
123-images or video or audio recordings of an autopsy to the decedent's spouse, child
124-eighteen years of age or older, or parent, upon proof of the relationship.
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246+(6)Teaching or training of coroner personnel or other licensed or certified
247+medical professionals.
248+c.The decedent's spouse, child eighteen years of age or older, or parent, upon
249+proof of the relationship, may view an autopsy photograph, image, or recording in
250+the business office of a medical examiner, coroner, or physician who has
251+possession of the materials, if there is not an active criminal investigation or
252+prosecution.
253+d.Upon receipt by the requestor of a court order requiring disclosure and a court-
254+issued protective order in accordance with section 44 - 04 - 18.11, the state forensic
255+examiner or the examiner's designee shall disclose a copy of autopsy
256+photographs or other visual images or video or audio recordings of an autopsy to
257+the decedent's spouse, child eighteen years of age or older, or parent, upon proof
258+of the relationship.
125259 8.Other photographs or visual images of the decedent in the possession of the forensic
126-examiner, the examiner's designee, or any county coroner which may have been taken by law
127-enforcement or other persons are confidential.
260+examiner, the examiner's designee, or any county coroner which may have been
261+taken by law enforcement or other persons are confidential.
128262 9.Notes are confidential records.
129-10.The forensic examiner, the examiner's designee, any county coroner or county medical
130-coroner, and any public employee who, in good faith, discloses autopsy findings, an autopsy
131-report, working papers, autopsy photograph, notes, other photographs or visual images of a H. B. NO. 1068 - PAGE 4
132-decedent, or a video or audio recording of an autopsy, or other information relating to an
133-autopsy report or cause of death to a person who the public official or employee reasonably
134-believes is entitled to that information under this section is immune from any liability, civil or
135-criminal, for making that disclosure. For the purposes of any proceeding, the good faith of any
136-public employee who makes a disclosure under this section is presumed.
137-SECTION 2. AMENDMENT. Section 43-10-10.1 of the North Dakota Century Code is amended and
138-reenacted as follows:
263+10.The forensic examiner, the examiner's designee, any county coroner or county
264+medical coroner, and any public employee who, in good faith, discloses autopsy
265+findings, an autopsy report, working papers, autopsy photograph, notes, other
266+photographs or visual images of a decedent, or a video or audio recording of an
267+autopsy , or other information relating to an autopsy report or cause of death to a
268+person who the public official or employee reasonably believes is entitled to that
269+information under this section is immune from any liability, civil or criminal, for making
270+that disclosure. For the purposes of any proceeding, the good faith of any public
271+employee who makes a disclosure under this section is presumed.
272+SECTION 2. AMENDMENT. Section 43-10-10.1 of the North Dakota Century Code is
273+amended and reenacted as follows:
139274 43-10-10.1. Funeral practice - Exceptions.
140-1.Nothing in this chapter may be construed to prevent a person from doing work within the
141-standards and ethics of that person's profession and calling, provided that the person does not
142-represent to the public that the person is engaging in the practice of funeral service.
143-2.Nothing in this chapter may be construed to prevent embalming by commissioned medical
144-officers in the armed forces of the United States or under the United States public health
145-service while on active duty in a respective service.
146-3.This chapter does not prevent the transportation of a dead human body in accordance with
147-other applicable state and federal laws.
148-4.This chapter does not prohibit ambulance or other emergency transportation of a dead human
149-body.
150-5.This chapter does not prohibit members of the clergy from performing funeral and gravesite or
151-memorial services.
152-6.This chapter does not prohibit unlicensed individuals, employed by a funeral establishment,
153-from performing gravesite or memorial services for cremated remains.
154-7.This chapter does not prohibit individuals licensed in other states, as embalmers or funeral
155-directors, from assisting funeral practitioners.
275+1.Nothing in this chapter may be construed to prevent a person from doing work within
276+the standards and ethics of that person's profession and calling, provided that the
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310+person does not represent to the public that the person is engaging in the practice of
311+funeral service.
312+2.Nothing in this chapter may be construed to prevent embalming by commissioned
313+medical officers in the armed forces of the United States or under the United States
314+public health service while on active duty in a respective service.
315+3.This chapter does not prevent the transportation of a dead human body in accordance
316+with other applicable state and federal laws.
317+4.This chapter does not prohibit ambulance or other emergency transportation of a dead
318+human body.
319+5.This chapter does not prohibit members of the clergy from performing funeral and
320+gravesite or memorial services.
321+6.This chapter does not prohibit unlicensed individuals, employed by a funeral
322+establishment, from performing gravesite or memorial services for cremated remains.
323+ 7. This chapter does not prohibit individuals licensed in other states, as embalmers or
324+funeral directors, from assisting funeral practitioners.
156325 7.8.This chapter does not prohibit individuals employed by a funeral establishment from
157-performing nonprofessional tasks or activities that do not require independent, professional
158-judgment under the supervision of an individual licensed to practice funeral service.
159-SECTION 3. AMENDMENT. Section 44-04-18.18 of the North Dakota Century Code is amended
160-and reenacted as follows:
326+performing nonprofessional tasks or activities that do not require independent,
327+professional judgment under the supervision of an individual licensed to practice
328+funeral service.
329+SECTION 3. AMENDMENT. Section 44-04-18.18 of the North Dakota Century Code is
330+amended and reenacted as follows:
161331 44-04-18.18. Autopsy images - Confidential - Exceptions.
162-1.An autopsy photograph or other visual image or a video or audio recording of an autopsy is
163-confidential. However, a criminal justice agency may use or disclose these materials for
164-purposes of an investigation or prosecution.
165-2.a.After redacting all information identifying the decedent, including name, address, and
166-social security number, and anonymizing facial recognition, a medical examiner, coroner,
167-or physician may use an autopsy photograph, image, or recording for:
332+1.An autopsy photograph or other visual image or a video or audio recording of an
333+autopsy is confidential. However, a criminal justice agency may use or disclose these
334+materials for purposes of an investigation or prosecution.
335+2.a.After redacting all information identifying the decedent, including name, address,
336+and social security number, and anonymizing facial recognition, a medical
337+examiner, coroner, or physician may use an autopsy photograph, image, or
338+recording for:
168339 (1)Medical or scientific teaching or training purposes;
169340 (2)Teaching or training of law enforcement personnel;
170-(3)Teaching or training of attorneys or others with a bona fide professional need to use
171-or understand forensic science;
172-(4)Conferring with medical or scientific experts; H. B. NO. 1068 - PAGE 5
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374+(3)Teaching or training of attorneys or others with a bona fide professional
375+need to use or understand forensic science;
376+(4)Conferring with medical or scientific experts;
173377 (5)Publication in a scientific or medical journal or textbook; or
174-(6)Teaching or training of coroner personnel or other licensed or certified medical
175-professionals.
176-b.A medical examiner, coroner, or physician who has in good faith complied with this
177-subsection is not subject to any penalty or liability for using an autopsy photograph,
178-image, or recording.
179-3.The decedent's spouse, child, parent, or sibling, upon proof of the relationship, may view an
180-autopsy photograph, image, or recording in the business office of a medical examiner,
181-coroner, or physician who has possession of the materials, if there is not an active criminal
182-investigation or prosecution.
183-4.Disclosure of an autopsy photograph, image, or recording may be obtained under section
184-44-04-18.11An autopsy photograph or other visual image or a video or audio recording of an
185-autopsy taken by the state forensic examiner, the examiner's designee, prosecutor, criminal
186-justice agency, any employee or agent of the criminal justice agency, or any other individual is
187-confidential and may be disclosed in accordance with section 23 - 01 - 05.5 . H. B. NO. 1068 - PAGE 6
188-____________________________ ____________________________
189-Speaker of the House President of the Senate
190-____________________________ ____________________________
191-Chief Clerk of the House Secretary of the Senate
192-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
193-Assembly of North Dakota and is known on the records of that body as House Bill No. 1068.
194-House Vote: Yeas 91 Nays 0 Absent 3
195-Senate Vote:Yeas 44 Nays 1 Absent 2
196-____________________________
197-Chief Clerk of the House
198-Received by the Governor at ________M. on _____________________________________, 2025.
199-Approved at ________M. on __________________________________________________, 2025.
200-____________________________
201-Governor
202-Filed in this office this ___________day of _______________________________________, 2025,
203-at ________ o’clock ________M.
204-____________________________
205-Secretary of State
378+(6)Teaching or training of coroner personnel or other licensed or certified
379+medical professionals.
380+b.A medical examiner, coroner, or physician who has in good faith complied with
381+this subsection is not subject to any penalty or liability for using an autopsy
382+photograph, image, or recording.
383+3.The decedent's spouse, child, parent, or sibling, upon proof of the relationship, may
384+view an autopsy photograph, image, or recording in the business office of a medical
385+examiner, coroner, or physician who has possession of the materials, if there is not an
386+active criminal investigation or prosecution.
387+4.Disclosure of an autopsy photograph, image, or recording may be obtained under
388+section 44-04-18.11An autopsy photograph or other visual image or a video or audio
389+recording of an autopsy taken by the state forensic examiner, the examiner's
390+designee, prosecutor, criminal justice agency, any employee or agent of the criminal
391+justice agency, or any other individual is confidential and may be disclosed in
392+accordance with section 23 - 01 - 05.5 .
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