Md. Code Regs. 10.35.01.14

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.35.01.14 - Release of Medical Examiner's Records

A. Individual files of the Chief Medical Examiner are confidential medical records protected from disclosure under the provisions of State Government Article, §§4-301 and 10-611 et seq., Annotated Code of Maryland

B. An exception to these confidential medical records is the official medical examiner's autopsy report. This report is a public record and is generally subject to disclosure under State Government Article, §§10-611 et seq., Annotated Code of Maryland, unless the case is subject to an ongoing investigation, or other appropriate reason for denial of disclosure exists.

C. Records request by court order or subpoena shall be subject to the fee schedule set forth herein.

D. Fee Schedule.

(1) Autopsy reports may be sent electronically to the requestor. The fees schedule is the same for paper or electronic reports and is as follows:

(a) A fee of $25 for a first-degree relative may be charged; and

(b) A fee of $100 for all others may be charged for providing a requested autopsy report and included consultation reports.

(2) Requests for other information or material shall be accompanied by a court order or subpoena unless the Custodian of Records determines compelling circumstances exist warranting the release of materials. If releasable, the contents of the file will be copied at a cost of $1 per page with a minimum charge of $25 excluding any item independently listed in §D of this regulation.

(3) Photographs are copied electronically. There is a $50 processing fee for each CD, plus $5 per each image copied. X-rays and CT scans are copied electronically. There is a $50 processing fee for each CD, plus $25 per X-ray.

(4) Slides are copied electronically. There is a $50 processing fee for each CD, plus $20 for each image copied. Slides may be viewed in the Office of the Chief Medical Examiner facility at a rate of $200 for the first hour and $50 for every 15 minute increment thereafter, partial or whole. The reviewer will have access to the medical examiner during the review.

(5) A proof of death document may be obtained for $20.

(6) If any or all of the items listed in §D of this regulation are requested in digital format (CD or DVD), an additional fee of $60 shall apply.

(7) These fees do not apply if the releasable documents are viewed only, by appointment, at the OCME, at the discretion of the custodian of records.

E. An individual, other than the custodian of the records of the Office of the Chief Medical Examiner or a designee, may not copy or distribute a copy of the official report of the Office of the Chief Medical Examiner.

Md. Code Regs. 10.35.01.14

Regulation .14C amended effective May 5, 2008 (35:9 Md. R. 898)
Regulation .14 amended effective 41:23 Md. R. 1373, eff.11/24/2014; amended effective 43:17 Md. R. 955, eff. 8/29/2016