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PRINTER'S NO. 4214
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2755
Session of
2020
INTRODUCED BY BROOKS, BERNSTINE, READSHAW, MILLARD, JONES,
ROTHMAN, McNEILL, EMRICK, JOZWIAK, HEFFLEY, RYAN, GLEIM AND
ROEBUCK, AUGUST 7, 2020
REFERRED TO COMMITTEE ON HEALTH, AUGUST 7, 2020
AN ACT
Providing for release of information on deceased individuals by
coroners or medical examiners and for immunity from
liability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Release of
Coroner and Medical Examiner Information Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"County." Any county in this Commonwealth, including a
county within which is located a city of the first class or with
which a city of the first class is coextensive.
Section 3. Release of information on deceased individuals.
(a) Release to public.--Notwithstanding the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, and
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except as provided under subsection (b), after an investigation
by the coroner or medical examiner in a county to determine the
cause of death of an individual in this Commonwealth, the
coroner or medical examiner may not release to the public the
identity of the deceased individual or the cause and manner of
death unless any of the following occur:
(1) Notice of the identity of the deceased individual
and the cause and manner of death is provided to the next of
kin of the deceased individual.
(2) No less than 24 hours have elapsed after the coroner
or medical examiner has identified the deceased individual or
the cause and manner of the death, whichever occurs first.
(b) Exception.--A coroner or medical examiner in a county
may release to the public the identity of a deceased individual
and the cause and manner of the death at any time if the coroner
or medical examiner determines that the release is necessary to
avert a public health emergency.
Section 4. Immunity from liability.
(a) Immunity.--Except as provided under subsection (b), a
coroner or medical examiner in a county who acts in good faith
in accordance with the provisions of this act shall not be
subject to criminal or civil liability arising from any action
under this act.
(b) Exception.--A coroner or medical examiner in a county
shall not be immune from criminal or civil liability under
subsection (a) for acts of gross negligence or recklessness.
Section 5. Construction.
Nothing in this act shall be construed to prohibit a coroner
or medical examiner in a county from releasing to the public the
identity of a deceased individual or the cause and manner of
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death if the identity of the deceased individual or the next of
kin is unknown and all of the following apply:
(1) The release is necessary to find the next of kin to
satisfy the notice requirement under section 3(a)(1).
(2) The release contains only the following information
about the deceased individual:
(i) Name, if known.
(ii) Gender.
(iii) Race.
(iv) Age.
(v) Date the deceased individual was found.
(vi) Sketch of the deceased individual.
(vii) Any information the coroner and medical
examiner deem necessary to find the next of kin to
satisfy the notice requirement under section 3(a)(1).
(3) The information in the release does not jeopardize
an official investigation.
(4) The information in the release is not privileged or
confidential under the laws of this Commonwealth or a court
order.
Section 6. Effective date.
This act shall take effect in 60 days.
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