Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 82 (2025GS)

Sponsor

Sen. Pitcher, Stephanie

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines a term; and
• with exceptions, criminalizes the sharing of non-public photographs or videos of a decedent that are part of the medical examiners record.

Every vote on this bill

Bill text

3
26B-8-217
26B-8-217
0
Autopsy Photo Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Nicholeen P. Peck
LONG TITLE
General Description:
This bill addresses the sharing of autopsy photographs or videos.
Highlighted Provisions:
This bill:
defines a term; and
with exceptions, criminalizes the sharing of non-public photographs or videos of a 
decedent that are part of the medical examiner's record.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-8-217
, as last amended by Laws of Utah 2024, Chapter 240
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-8-217
 is amended to read:
26B-8-217
. Records of medical examiner -- Confidentiality.
(1)
For purposes of this section, "deidentify" means to remove personally identifying 
information about a decedent or the decedent's family and any other information that 
may be used to identify a decedent.
(2)
The medical examiner shall maintain complete, original records for the medical 
examiner record, which shall:
(a)
be properly indexed, giving the name, if known, or otherwise identifying every 
individual whose death is investigated;
(b)
indicate the place where the body was found;
(c)
indicate the date of death;
(d)
indicate the cause and manner of death;
(e)
indicate the occupation of the decedent, if available;
(f)
include all other relevant information concerning the death; and
(g)
include a full report and detailed findings of the autopsy or report of the investigation.
(2)
(3)
(a)
Upon written request from an individual described in Subsections 
(2)(a)(i)
(3)(a)(i)
 through (iv), the medical examiner shall provide a copy of the autopsy 
report, toxicology report, lab reports, investigative reports, documents generated by 
the medical examiner related to any report, and any other specifically requested 
portions of the medical examiner record, if any, to any of the following:
(i)
a decedent's immediate relative;
(ii)
a decedent's legal representative;
(iii)
a physician or physician assistant who attended the decedent during the year 
before the decedent's death; or
(iv)
a county attorney, a district attorney, a criminal defense attorney, or other law 
enforcement official with jurisdiction, as necessary for the performance of the 
attorney or official's professional duties.
(b)
Subject to Subsection 
(2)
(c)
(3)(c)
, upon written request from the director or a 
designee of the director of an entity described in Subsections 
(2)(b)(i)
(3)(b)(i)
through (iv), the medical examiner may provide a copy of any medical examiner 
report or other portions of the medical examiner's record described in Subsection 
(2)(a)
(3)(a)
, to any of the following entities as necessary for performance of the 
entity's official purposes:
(i)
a local health department;
(ii)
a local mental health authority;
(iii)
a public health authority; or
(iv)
another state or federal governmental agency.
(c)
The medical examiner may provide a copy of a report or portion of the medical 
examiner's record described in Subsection 
(2)(a)
(3)(a)
, if the report or portion of the 
medical examiner's record relates to an issue of public health or safety, as further 
defined by rule made by the department in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act.
(3)
(4)
Reports provided under Subsection 
(2)
(3)
 may not include records that the 
medical examiner obtains from a third party in the course of investigating the decedent's 
death.
(4)
(5)
(a)
The medical examiner may provide a medical examiner record to a researcher 
who:
(a)
(i)
has an advanced degree;
(b)
(ii)
(i)
(A)
is affiliated with an accredited college or university, a hospital, or 
another system of care, including an emergency medical response or a local 
health agency; or
(ii)
(B)
is part of a research firm contracted with an accredited college or 
university, a hospital, or another system of care;
(c)
(iii)
requests a medical examiner record for a research project or a quality 
improvement initiative that will have a public health benefit, as determined by the 
department; and
(d)
(iv)
provides to the medical examiner an approval from:
(i)
(A)
the researcher's sponsoring organization; and
(ii)
(B)
the Utah Department of Health and Human Services Institutional Review 
Board.
(5)
(b)
Records provided under Subsection 
(4)
(5)(a)
 may not include a third party 
record, unless:
(a)
(i)
a court has ordered disclosure of the third party record; and
(b)
(ii)
disclosure is conducted in compliance with state and federal law.
(6)
(c)
(i)
A person who obtains a medical examiner record under Subsection 
(4)
(5)(a)
 shall:
(a)
(A)
maintain the confidentiality of the medical examiner record 
by removing 
personally identifying information about a decedent or the decedent's family 
and any other information that may be used to identify a decedent
and 
deidentify the medical examiner record
 before using the medical examiner 
record in research;
(b)
(B)
conduct any research within and under the supervision of the Office of 
the Medical Examiner, if the medical examiner record contains a third party 
record with personally identifiable information;
(c)
(C)
limit the use of a medical examiner record to the purpose for which the 
person requested the medical examiner record;
(d)
(D)
destroy a medical examiner record and the data abstracted from the 
medical examiner record at the conclusion of the research for which the person 
requested the medical examiner record;
(e)
(E)
reimburse the medical examiner, as provided in Section 
26B-1-209
, for 
any costs incurred by the medical examiner in providing a medical examiner 
record;
(f)
(F)
allow the medical examiner to review, before public release, a publication 
in which data from a medical examiner record is referenced or analyzed; and
(g)
(G)
provide the medical examiner access to the researcher's database 
containing data from a medical examiner record, until the day on which the 
researcher permanently destroys the medical examiner record and all data 
obtained from the medical examiner record.
(ii)
A person who fails to comply with the requirements of Subsections (5)(c)(i)(A) 
through (D) is guilty of a class B misdemeanor.
(6)
(a)
Except as provided in Subsections 
(6)(b)
 and (c), it is a class B misdemeanor for a 
person who receives a photograph or video of a decedent under Subsection 
(3)
 of this 
section to knowingly share, publish, or otherwise distribute or make available to 
another person a photograph or video of a decedent if the photograph or video:
(i)
is part of the medical examiner's record; and
(ii)
is not in the public domain at the time that the person shared, published, 
distributed, or otherwise made the photograph or video available.
(b)
Subsection 
(6)
 does not apply to an employee or contractor of the Office of the 
Medical Examiner who, in the course of performing or assisting with the duties of the 
Office of the Medical Examiner, and in accordance with any applicable department 
rules, shares, publishes, distributes, or makes available:
(i)
a photograph or video of a decedent for consultation with other professionals in 
determining cause and manner of the decedent's death; or
(ii)
a deidentified photograph or video of a decedent for:
(A)
training and services authorized under Section 26B-8-222;
(B)
research;
(C)
presentations and publication for academic or educational purposes; or
(D)
other purposes provided by law.
(c)
Subsection 
(6)
 does not apply to:
(i)
a member, a contractor, or an employee of a law enforcement agency or 
prosecutorial agency who, in the course of performing or assisting with the duties 
of the agency, shares, publishes, distributes, or makes available a deidentified 
photograph or video of a decedent for the purposes of training;
(ii)
an individual who shares or makes available a photograph or video of a decedent 
for the purposes of adjudicating a claim in an administrative or judicial 
proceeding; or
(iii)
an individual who shares, publishes, distributes, or makes available a photograph 
or video of a decedent pursuant to lawful subpoena, court order, or the 
Government Records Access and Management Act.
(7)
The department may make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, and in consideration of applicable state and federal 
law, to establish permissible uses and disclosures of a medical examiner record or other 
record obtained under this section.
(8)
Except as provided in this chapter or ordered by a court, the medical examiner may not 
disclose any part of a medical examiner record.
(9)
A person who obtains a medical examiner record under Subsection (4) is guilty of a 
class B misdemeanor, if the person fails to comply with the requirements of Subsections 
(6)(a) through (d).
Section 2. 
Effective date.
This bill takes effect on 
May 7, 2025
.
3-6-25 1:02 PM