UT
Utah Senate Bill SB0082

Utah 2025 Regular Session

Utah Senate Bill SB0082 Compare Versions

OldNewDifferences
1-Enrolled Copy S.B. 82
1+02-18 11:02 1st Sub. (Green) S.B. 82
2+Stephanie Pitcher proposes the following substitute bill:
23 1
34 Autopsy Photo Amendments
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Stephanie Pitcher
7-House Sponsor: Nicholeen P. Peck
8+House Sponsor:
89 2
910
1011 3
1112 LONG TITLE
1213 4
1314 General Description:
1415 5
1516 This bill addresses the sharing of autopsy photographs or videos.
1617 6
1718 Highlighted Provisions:
1819 7
1920 This bill:
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2122 ▸ defines a term; and
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2324 ▸ with exceptions, criminalizes the sharing of non-public photographs or videos of a
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25-decedent that are part of the medical examiner's record.
26+decedent that are part of the medical examiners record.
2627 11
2728 Money Appropriated in this Bill:
2829 12
2930 None
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3132 Other Special Clauses:
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3334 None
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3536 Utah Code Sections Affected:
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3738 AMENDS:
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3940 26B-8-217, as last amended by Laws of Utah 2024, Chapter 240
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4142
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4344 Be it enacted by the Legislature of the state of Utah:
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4546 Section 1. Section 26B-8-217 is amended to read:
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4748 26B-8-217 . Records of medical examiner -- Confidentiality.
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4950 (1) For purposes of this section, "deidentify" means to remove personally identifying
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5152 information about a decedent or the decedent's family and any other information that
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5354 may be used to identify a decedent.
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5556 (2) The medical examiner shall maintain complete, original records for the medical
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5758 examiner record, which shall:
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5960 (a) be properly indexed, giving the name, if known, or otherwise identifying every
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61-individual whose death is investigated; S.B. 82 Enrolled Copy
62+individual whose death is investigated;
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6364 (b) indicate the place where the body was found;
65+1st Sub. S.B. 82 1st Sub. (Green) S.B. 82 02-18 11:02
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6567 (c) indicate the date of death;
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6769 (d) indicate the cause and manner of death;
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6971 (e) indicate the occupation of the decedent, if available;
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7173 (f) include all other relevant information concerning the death; and
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7375 (g) include a full report and detailed findings of the autopsy or report of the investigation.
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7577 [(2)] (3)(a) Upon written request from an individual described in Subsections [(2)(a)(i)]
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7779 (3)(a)(i) through (iv), the medical examiner shall provide a copy of the autopsy
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7981 report, toxicology report, lab reports, investigative reports, documents generated by
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8183 the medical examiner related to any report, and any other specifically requested
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8385 portions of the medical examiner record, if any, to any of the following:
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8587 (i) a decedent's immediate relative;
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8789 (ii) a decedent's legal representative;
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8991 (iii) a physician or physician assistant who attended the decedent during the year
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9193 before the decedent's death; or
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9395 (iv) a county attorney, a district attorney, a criminal defense attorney, or other law
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9597 enforcement official with jurisdiction, as necessary for the performance of the
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9799 attorney or official's professional duties.
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99101 (b) Subject to Subsection [(2)(c)] (3)(c), upon written request from the director or a
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101103 designee of the director of an entity described in Subsections [(2)(b)(i)] (3)(b)(i)
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103105 through (iv), the medical examiner may provide a copy of any medical examiner
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105107 report or other portions of the medical examiner's record described in Subsection [
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107109 (2)(a)] (3)(a), to any of the following entities as necessary for performance of the
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109111 entity's official purposes:
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111113 (i) a local health department;
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113115 (ii) a local mental health authority;
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115117 (iii) a public health authority; or
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117119 (iv) another state or federal governmental agency.
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119121 (c) The medical examiner may provide a copy of a report or portion of the medical
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121123 examiner's record described in Subsection [(2)(a)] (3)(a), if the report or portion of the
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123125 medical examiner's record relates to an issue of public health or safety, as further
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125127 defined by rule made by the department in accordance with Title 63G, Chapter 3,
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127129 Utah Administrative Rulemaking Act.
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129131 [(3)] (4) Reports provided under Subsection [(2)] (3) may not include records that the
130-- 2 - Enrolled Copy S.B. 82
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132133 medical examiner obtains from a third party in the course of investigating the decedent's
134+- 2 - 02-18 11:02 1st Sub. (Green) S.B. 82
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134136 death.
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136138 [(4)] (5)(a) The medical examiner may provide a medical examiner record to a researcher
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138140 who:
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140142 [(a)] (i) has an advanced degree;
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142144 [(b)] (ii)[(i)] (A) is affiliated with an accredited college or university, a hospital, or
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144146 another system of care, including an emergency medical response or a local
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146148 health agency; or
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148150 [(ii)] (B) is part of a research firm contracted with an accredited college or
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150152 university, a hospital, or another system of care;
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152154 [(c)] (iii) requests a medical examiner record for a research project or a quality
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154156 improvement initiative that will have a public health benefit, as determined by the
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156158 department; and
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158160 [(d)] (iv) provides to the medical examiner an approval from:
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160162 [(i)] (A) the researcher's sponsoring organization; and
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162164 [(ii)] (B) the Utah Department of Health and Human Services Institutional Review
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164166 Board.
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166168 [(5)] (b) Records provided under Subsection [(4)] (5)(a) may not include a third party
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168170 record, unless:
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170172 [(a)] (i) a court has ordered disclosure of the third party record; and
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172174 [(b)] (ii) disclosure is conducted in compliance with state and federal law.
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174176 [(6)] (c)(i) A person who obtains a medical examiner record under Subsection [(4)]
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176178 (5)(a) shall:
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178180 [(a)] (A) maintain the confidentiality of the medical examiner record [by removing
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180182 personally identifying information about a decedent or the decedent's family
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182184 and any other information that may be used to identify a decedent] and
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184186 deidentify the medical examiner record before using the medical examiner
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186188 record in research;
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188190 [(b)] (B) conduct any research within and under the supervision of the Office of
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190192 the Medical Examiner, if the medical examiner record contains a third party
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192194 record with personally identifiable information;
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194196 [(c)] (C) limit the use of a medical examiner record to the purpose for which the
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196198 person requested the medical examiner record;
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198200 [(d)] (D) destroy a medical examiner record and the data abstracted from the
199-- 3 - S.B. 82 Enrolled Copy
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201202 medical examiner record at the conclusion of the research for which the person
203+- 3 - 1st Sub. (Green) S.B. 82 02-18 11:02
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203205 requested the medical examiner record;
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205207 [(e)] (E) reimburse the medical examiner, as provided in Section 26B-1-209, for
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207209 any costs incurred by the medical examiner in providing a medical examiner
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209211 record;
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211213 [(f)] (F) allow the medical examiner to review, before public release, a publication
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213215 in which data from a medical examiner record is referenced or analyzed; and
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215217 [(g)] (G) provide the medical examiner access to the researcher's database
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217219 containing data from a medical examiner record, until the day on which the
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219221 researcher permanently destroys the medical examiner record and all data
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221223 obtained from the medical examiner record.
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223225 (ii) A person who fails to comply with the requirements of Subsections (5)(c)(i)(A)
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225227 through (D) is guilty of a class B misdemeanor.
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227-(6)(a) Except as provided in Subsections (6)(b) and (c), it is a class B misdemeanor for a
229+(6)(a) Except as provided in Subsections (6)(b) and (c), it is a class B misdemeanor Ŝ→
230+110a
231+for a person who receives a photograph or video of a decedent under Subsection (3)
232+110b
233+of this section ←Ŝ to
228234 111
229-person who receives a photograph or video of a decedent under Subsection (3) of this
235+knowingly share, publish, or otherwise distribute or make available to another person
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231-section to knowingly share, publish, or otherwise distribute or make available to
237+a photograph or video of a decedent Ŝ→ [that] if the photograph or
238+112a
239+video ←Ŝ :
232240 113
233-another person a photograph or video of a decedent if the photograph or video:
241+(i) is part of the medical examiner's record; and
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235-(i) is part of the medical examiner's record; and
243+(ii) is not in the public domain at the time that the person shared, published,
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237-(ii) is not in the public domain at the time that the person shared, published,
245+distributed, or otherwise made the photograph or video available.
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239-distributed, or otherwise made the photograph or video available.
247+(b) Subsection (6) does not apply to an employee or contractor of the Office of the
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241-(b) Subsection (6) does not apply to an employee or contractor of the Office of the
249+Medical Examiner who, in the course of performing or assisting with the duties of the
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243-Medical Examiner who, in the course of performing or assisting with the duties of the
251+Office of the Medical Examiner, and in accordance with any applicable department
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245-Office of the Medical Examiner, and in accordance with any applicable department
253+rules, shares, publishes, distributes, or makes available:
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247-rules, shares, publishes, distributes, or makes available:
255+(i) a photograph or video of a decedent for consultation with other professionals in
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249-(i) a photograph or video of a decedent for consultation with other professionals in
257+determining cause and manner of the decedent's death; or
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251-determining cause and manner of the decedent's death; or
259+(ii) a deidentified photograph or video of a decedent for:
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253-(ii) a deidentified photograph or video of a decedent for:
261+(A) training and services authorized under Section 26B-8-222;
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255-(A) training and services authorized under Section 26B-8-222;
263+(B) research;
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257-(B) research;
265+(C) presentations and publication for academic or educational purposes; or
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259-(C) presentations and publication for academic or educational purposes; or
267+(D) other purposes provided by law.
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261-(D) other purposes provided by law.
269+(c) Subsection (6) does not apply to:
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263-(c) Subsection (6) does not apply to:
271+(i) a member, a contractor, or an employee of a law enforcement agency or
272+- 4 - 02-18 11:02 1st Sub. (Green) S.B. 82
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265-(i) a member, a contractor, or an employee of a law enforcement agency or
274+prosecutorial agency who, in the course of performing or assisting with the duties
266275 130
267-prosecutorial agency who, in the course of performing or assisting with the duties
268-- 4 - Enrolled Copy S.B. 82
276+of the agency, shares, publishes, distributes, or makes available a deidentified
269277 131
270-of the agency, shares, publishes, distributes, or makes available a deidentified
278+photograph or video of a decedent for the purposes of training;
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272-photograph or video of a decedent for the purposes of training;
280+(ii) an individual who shares or makes available a photograph or video of a decedent
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274-(ii) an individual who shares or makes available a photograph or video of a decedent
282+for the purposes of adjudicating a claim in an administrative or judicial
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276-for the purposes of adjudicating a claim in an administrative or judicial
284+proceeding; or
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278-proceeding; or
286+(iii) an individual who shares, publishes, distributes, or makes available a photograph
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280-(iii) an individual who shares, publishes, distributes, or makes available a photograph
288+or video of a decedent for the pursuant to lawful subpoena, court order, or the
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282-or video of a decedent pursuant to lawful subpoena, court order, or the
290+Government Records Access and Management Act.
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284-Government Records Access and Management Act.
292+(7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
285293 139
286-(7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
294+Administrative Rulemaking Act, and in consideration of applicable state and federal
287295 140
288-Administrative Rulemaking Act, and in consideration of applicable state and federal
296+law, to establish permissible uses and disclosures of a medical examiner record or other
289297 141
290-law, to establish permissible uses and disclosures of a medical examiner record or other
298+record obtained under this section.
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292-record obtained under this section.
300+(8) Except as provided in this chapter or ordered by a court, the medical examiner may not
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294-(8) Except as provided in this chapter or ordered by a court, the medical examiner may not
302+disclose any part of a medical examiner record.
295303 144
296-disclose any part of a medical examiner record.
304+(9) [A person who obtains a medical examiner record under Subsection (4) is guilty of a
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298-[(9) A person who obtains a medical examiner record under Subsection (4) is guilty of a
306+class B misdemeanor, if the person fails to comply with the requirements of Subsections
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300-class B misdemeanor, if the person fails to comply with the requirements of Subsections
308+(6)(a) through (d).]
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302-(6)(a) through (d).]
310+Section 2. Effective date.
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304-Section 2. Effective date.
305-149
306312 This bill takes effect on May 7, 2025.
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