Disclosure of Autopsy Reports to Persons or Entities Statutorily Entitled to Receive Autopsy Reports

provisions of M.G.L. c. 38 or any other Massachusetts statute, which authorizes or mandates the disclosure of autopsy reports. (2) The Office shall provide a copy of an autopsy report of a decedent to the Attorney General or District Attorney having lawful jurisdiction of the investigation of the death, forthwith upon request. The Chief may, in his discretion, provide a copy of an autopsy report to a health care provider if the following conditions are met: (1) The autopsy report is requested by a medical peer review committee and will only be used by the committee to review the medical care provided to the decedent; 1.07: continued (2) The autopsy report is requested as part of, and will only be used in furtherance of, a review of the medical care provided to the decedent by the requesting health care provider; (3) In cases involving hospital deaths, the autopsy report may be provided to the hospital without a request; and representative is or has been directing or is or has been controlling the investigation of the death pursuant to M.G.L. c. 38, § 4, the district attorney or his law enforcement representative has determined, in his discretion, and has stated in writing that he does not object to the disclosure of the autopsy report to the health care provider. Any autopsy report released pursuant to 505 CMR 1.00 shall have accompanying it a statement that autopsy reports are not public records and must not be disseminated or used for any purposes other than those authorized by 505 CMR 1.00 or by law. Health care providers who obtain an autopsy report pursuant to 505 CMR 1.00 may disseminate the autopsy report to others only if necessary to review the medical care provided by the health care provider or the relationship, if any, between the medical care and the decedent’s death. Dissemination of the autopsy report or any information contained within the autopsy report for any other purpose, without the express written consent of the Office or the decedent’s next of kin, is prohibited unless required by law. The Office may, in its discretion, provide a copy of the autopsy report or information contained therein to a requesting Authority Compiling Statistical Data if the following conditions are met: (1) The authority compiling statistical data demonstrates in writing to the satisfaction of the Office that the information sought is relevant, material, and necessary for the complete and proper fulfillment of its federal or state or statutory requirements; and (2) The authority compiling statistical data demonstrates that all publicly accessible reports containing Office data received pursuant to this regulation will contain only aggregate data and no individual names or other personally identifying information or information that could lead to the identification of an individual decedent, or other information that is protected by statute, regulation, or executive order, including but not limited to M.G.L. c. 214, § 1B, c. 66A, c. 93H, c. 93I, c. 4, § 7(26), 5 USC 552, and Massachusetts Executive Order 504, will be published or released. provisions of M.G.L. c. 38, the Massachusetts Rules of Civil and Criminal Procedure pertaining to the rules of discovery, or any other Massachusetts statute. (2) If any article, section, subsection, sentence, clause, or phrase of 505 CMR 1.00 is for any reason determined to be unconstitutional, contrary to statute, in excess of authority, or otherwise inoperative, such determination shall not affect the validity of any other article, section, subsection, sentence, clause, or phrase of 505 CMR 1.00. As provided in M.G.L. c. 38, § 2, neither the Chief Medical Examiner, nor any employee of the Office, shall be subject to civil or criminal liability for disclosing an autopsy report or any part thereof, pursuant to the regulations set forth in 505 CMR 1.00 et seq.