D.C. Mun. Regs. tit. 28, r. 28-5005
Current through Register Vol. 71, No. 49, December 6, 2024
Rule 28-5005 - ACCESS TO DOCUMENTS AND RECORD RETENTION5005.1The CME shall be responsible for maintaining full and complete records and files, properly indexed, which provide the following information:
(a) The name, if known, of every person whose death is investigated;(b) The place where the body was found;(c) The date the body was found;(d) The cause and manner of death; and(e) All other relevant information and reports of the medical examiner concerning the death. 5005.2The CME shall promptly deliver copies of records relating to deaths as to which further investigation may be advisable to all persons designated below, and the records and files maintained under the provisions of Subsection 5005.1 shall be open to inspection upon written request by any person designated by:
(b) The Office of the United States Attorney for the District of Columbia;(c) The Metropolitan Police Department;(d) Any other law enforcement agency;(e) A government organization responsible for protecting health or safety; or(f) A District fatality review committee or board. 5005.3 The CME shall release a copy of an external examination or autopsy report to the following persons upon such conditions and payment of such fees as may be prescribed under this chapter and applicable privacy laws after a written request is made by:
(a) A person with the priority right to control disposition of the decedent's remains ("next of kin");(b) A person who has the written authorization of the next of kin for release of the records;(c) A person who has the authority to receive the records under a valid subpoena issued by a court having jurisdiction over OCME;(d) A person to which a court having jurisdiction over OCME has ordered the release of the records; or(e) A healthcare professional, facility, or peer review committee for the purpose of reviewing the quality of the decedent's healthcare. 5005.4A person who is not listed in Subsection 5005.3 may obtain the following information about a decedent upon such conditions and payment of such fees as may be prescribed under this chapter, the Freedom of Information Act, and applicable privacy laws:
(a) Name of the decedent;(b) Race of the decedent;(h) Case identification number;(i) Date of examination; and(j) Name of the examiner performing the external examination or autopsy. 5005.5(a) Photographs, video, and other images of a decedent, or any part of the body of a decedent, are exempt from the Freedom of Information Act under D.C. Code § 2-534(a)(2) or (a)(3)(C), as an unwarranted invasion of privacy of the survivors of the decedent. The CME shall not release photographs, video, or other images of a decedent, or any portion of the body of a decedent, except under the circumstances provided in Subsection (b) of this subsection.(b) Copies of photographs, video, or other images of a decedent, or any portion of the body of a decedent, shall be made available upon such conditions and payment of such fees as may be prescribed under this chapter and applicable privacy laws in only the following circumstances: (1) In a criminal action or proceeding related to the decedent's death upon written request by a prosecuting attorney or upon service of a valid subpoena by an attorney defending a person charged with a crime related to the death of the decedent;(2) In a civil action or proceeding upon the written authorization of the person with the right to control disposition of decedent's remains or upon service of a valid subpoena by an attorney representing a party in litigation related to the death of the decedent;(3) In an investigation by a person listed in Subsection 5005.2 upon written request; or(4) In medical or scientific education or research where the CME has granted permission and the identity of the decedent is kept confidential. 5005.6 Information obtained by the OCME from the Homicide Section of the Metropolitan Police Department pursuant to Subsection 5005.1 shall not be available to those individuals covered under Subsection 5005.3.
5005.7 Records and files maintained pursuant to Subsection 5005.1 shall be preserved by the CME for a period of thirty (30) years except that records and files related to an open investigation of a homicide shall be retained for sixty-five (65) years from the date the CME initiates its investigation of the homicide.
5005.8 Toxicology specimens shall be preserved by the CME for a minimum of twelve (12) months and histology specimens shall be preserved for a minimum of three (3) months.
D.C. Mun. Regs. tit. 28, r. 28-5005
As amended by Final Rulemaking published at 52 DCR 8922 (October 7, 2005); amended by Final Rulemaking published at 71 DCR1274 (2/2/2024)