Section 677. Records; reports  


Latest version.
  • 1. The writing made by the coroner, or by the
      coroner  and  coroner's  physician,  or  by the medical examiner, at the
      place where he takes charge of the body, shall be filed promptly in  the
      office  of  the  coroner or medical examiner. The testimony of witnesses
      examined before him and the report of any examination made  or  directed
      by  him  shall  be  made  in writing or reduced to writing and thereupon
      filed in such office.
        2. The report of any autopsy or other examination  shall  state  every
      fact  and circumstance tending to show the condition of the body and the
      cause and means or manner of death. The person  performing  an  autopsy,
      for  the purpose of determining the cause of death or means or manner of
      death, shall enter upon the  record  the  pathological  appearances  and
      findings,  embodying  such  information  as  may  be  prescribed  by the
      commissioner of health, and append thereto the diagnosis of the cause of
      death and of the means or manner of death. Methods and forms  prescribed
      by  the  commissioner of health for obtaining and preserving records and
      statistics of autopsies conducted within the state shall be employed.  A
      detailed description of the findings, written during the progress of the
      autopsy,  and  the conclusions drawn therefrom shall, when completed, be
      filed in the office of the coroner or medical examiner.
        3. (a) The  coroner  or  coroners  of  each  county,  or  the  medical
      examiner,  shall  keep  full  and  complete  records,  properly indexed,
      stating the name, if known, of every person whose death is investigated,
      the place where the body was found, the date of death, if known, and  if
      not   known,   the  date  or  approximate  date  as  determined  by  the
      investigation, to which there shall be attached the original  report  of
      the  coroner,  or coroner and coroner's physician or physician employed,
      or medical examiner, and the detailed findings of the autopsy,  if  any.
      Such  records  shall be kept in the office of the county clerk except in
      those counties having a full-time coroner or medical examiner, in  which
      case  such records shall be kept in the office of the coroner or medical
      examiner.
        (b) Such records shall be open to inspection by the district  attorney
      of  the  county. Upon application of the personal representative, spouse
      or next of kin of the deceased to the coroner or the medical examiner, a
      copy of the autopsy report, as described  in  subdivision  two  of  this
      section shall be furnished to such applicant. Upon proper application of
      any  person  who  is or may be affected in a civil or criminal action by
      the contents of the record of any investigation, or upon application  of
      any  person  having a substantial interest therein, an order may be made
      by a court of record, or by a justice of the  supreme  court,  that  the
      record  of  that  investigation be made available for his inspection, or
      that a transcript thereof be furnished to him, or both.
        4. The coroner, coroner's physician or medical examiner shall promptly
      deliver to the district attorney copies of all records pertaining to any
      death whenever, in his  opinion,  or  in  the  judgment  of  the  person
      performing  the  autopsy,  there  is  any  indication  that  a crime was
      committed.
        5. The coroner, coroner's physician or medical examiner shall promptly
      report to the commissioner of motor  vehicles,  in  a  form  and  manner
      specified by the commissioner, the results of all quantitative tests for
      alcohol,  and  for  any  trace  of a controlled substance, as defined in
      section three thousand three hundred six of the public health law,  that
      the  coroner,  coroner's  physician  or  medical examiner has reasonable
      cause to believe is present, performed upon bodies of victims  of  motor
      vehicle  accidents  pursuant to the requirements of subdivision three of
      section six hundred seventy-four of this chapter.
    
        6. The coroner, coroner's physician or medical examiner shall promptly
      provide the chairman of the correction  medical  review  board  and  the
      commissioner of correctional services with copies of any autopsy report,
      toxicological  report  or  any  report  of  any  examination  or inquiry
      prepared  with  respect  to  any  death  occurring  to  an  inmate  of a
      correctional facility as defined by subdivision three of  section  forty
      of  the correction law within his county. If the toxicological report is
      prepared  pursuant  to  any  agreement  or  contract  with  any  person,
      partnership,  corporation  or  governmental  agency  with the coroner or
      medical examiner, such report shall be promptly provided to the chairman
      of the correction medical  review  board  and  to  the  commissioner  of
      correctional  services  by  such  person,  partnership,  corporation  or
      governmental agency.
        7. (a) Upon the written request of the commissioner of mental  health,
      the  commissioner  of mental retardation and developmental disabilities,
      the director of the mental hygiene legal service, the  chairman  of  the
      commission  on quality of care for the mentally disabled or the director
      of a mental hygiene facility, as defined in section 45.01 of the  mental
      hygiene  law,  at  which  the  deceased  was  a patient or resident, the
      coroner, coroner's physician or  medical  examiner  shall  provide  such
      person  with  a  copy  of  all  reports  and records, including, but not
      limited to, autopsy reports and toxicological  reports  related  to  the
      deceased  prepared by a person, partnership, corporation or governmental
      agency pursuant to any agreement or contract with the coroner or medical
      examiner with respect to the death of a patient  or  resident  receiving
      services for a mental disability at such a mental hygiene facility.
        (b)  Upon the written request of the commissioner of mental health, or
      commissioner of mental retardation and developmental disabilities, or  a
      director  of  a  departmental facility as defined in section 1.03 of the
      mental hygiene law, or the chairman of the commission on quality of care
      for the mentally disabled, the coroner, coroner's physician  or  medical
      examiner  shall  transmit  to  the  commissioner,  or  such director, or
      chairman, or any member of  the  mental  hygiene  medical  review  board
      designated  by the chairman of such commission, original autopsy slides,
      tissue materials and specimens taken from the body of a deceased patient
      or resident as defined in paragraph (a) of this section.  Such  original
      materials  may  be  used  and tested by such office of the department of
      mental hygiene, or such director,  and  mental  hygiene  medical  review
      board  pursuant  to  its  authority  under  section  45.17 of the mental
      hygiene law. Such slides, materials and specimens may be retained for  a
      reasonable  time,  and shall be returned to the office of the coroner or
      medical examiner in good condition allowing for reasonable use for study
      and testing purposes.
        8.  The  coroner,  coroner's  physician  or  medical  examiner   shall
      promptly,  but in no event later than sixty days from the date of death,
      absent extraordinary circumstances, provide the office of  children  and
      family  services with copies of any autopsy report, toxicological report
      or any report of any examination or inquiry prepared with respect to any
      death occurring to a  child  whose  care  and  custody  or  custody  and
      guardianship  has  been transferred to an authorized agency, a child for
      whom child protective services has an open case, a child  for  whom  the
      local  department  of  social  services  has an open preventive services
      case, or a child reported to the statewide  central  register  of  child
      abuse and maltreatment. If the toxicological report is prepared pursuant
      to  any  agreement or contract with any person, partnership, corporation
      or governmental agency with the coroner or medical examiner, such report
      shall be promptly, but in no event later than sixty days from  the  date
      of  death, absent extraordinary circumstances, provided to the office of
    
      children and family services by such person, partnership, corporation or
      governmental agency. Where the death involves a child  reported  to  the
      statewide  central register of child abuse and maltreatment, the reports
      referred  to in this subdivision shall also be promptly, but in no event
      later than sixty days from  the  date  of  death,  absent  extraordinary
      circumstances,   provided   to   the   local  child  protective  service
      investigating the report pursuant to section four hundred twenty-four of
      the social services law.