KRS § 72.031 — KY Code / Title IX / Chapter 72 / Section 72.031
72.031 Prohibited uses of autopsy photographs, other visual images, and video and audio recordings
Status: in_force

72.031 Prohibited uses of autopsy photographs, other visual images, and video and

audio recordings.

(1) No autopsy photograph, other visual image in whatever form, video recording, or

audio recording shall be open to the public unless the spouse or personal

representative of the decedent provides an express waiver to the state medical

examiner, coroner, or other public official in lawful possession of those materials to

make those materials public. However, the office of the state medical examiner, a

coroner, or other public official in lawful possession of an autopsy photograph,

other visual image in whatever form, video recording, or audio recording shall make

an autopsy photograph, other visual image in whatever form, video recording, or

audio recording available to:

(a) The spouse, children, and surviving parents, and the personal representative of

the decedent;

(b) A law enforcement agency, any agency or panel required by statute to conduct

fatality reviews, county attorney, Commonwealth's attorney, public health

officer, or coroner having a bona fide interest in the case;

(c) 1. A beneficiary under an insurance policy, for the purpose of processing a

claim related to the decedent's death; or

2. An insurance company, with the written permission of the decedent's

spouse or personal representative, for the purpose of processing a claim

related to the decedent's death;

(d) An attorney or an attorney's agents in a matter arising out of the decedent's

death;

(e) A defendant in any criminal case arising out of the decedent's death if the

defendant is proceeding pro se in the case;

(f) A physician or other medical professional licensed by the Commonwealth or

another state or territory under the jurisdiction of the United States for the

purposes of teaching or for publication in a scientific journal or textbook;

(g) A certified law enforcement instructor for the purpose of using the autopsy

photograph, other visual image in whatever form, video recording, or audio

recording in bona fide law enforcement training;

(h) A county attorney, Commonwealth's attorney, public health officer, or coroner

for the purpose of using the autopsy photograph, other visual image in

whatever form, video recording, or audio recording in bona fide training;

(i) A licensed attorney for the purpose of using the autopsy photograph, other

visual image in whatever form, video recording, or audio recording in a

Kentucky continuing legal education program; and

(j) A person disseminating the image as part of an informative, expressive, or

artistic work, whether analog or digital, that is:

1. Part of a play, book, magazine, newspaper, audiovisual work, or cable,

broadcast, or satellite television program; or

2. Part of a work of art, including but not limited to news or commentary;

after a court with jurisdiction as provided in subsection (8)(a) of this section,

in a proceeding including parties entitled to notice under subsection (8)(b) of

this section, has determined that the autopsy photograph, other visual image in

whatever form, video recording, or audio recording is newsworthy or pertains

to a matter of public concern or public interest.

(2) (a) Except as provided in paragraph (b) of this subsection, no medical examiner,

coroner, or other public official in lawful possession of an autopsy

photograph, other visual image in whatever form, video recording, or audio

recording shall knowingly release those materials to any person not

specifically authorized in subsection (1) of this section.

(b) A medical examiner, coroner, or other public official in lawful possession of

an autopsy photograph, other visual image in whatever form, video recording,

or audio recording may publish such material in a scientific journal or

textbook, or use such material for bona fide teaching or training after:

1. Redacting the decedent's name, address, and Social Security number;

and

2. Obscuring any distinguishing physical features which would allow a

viewer to identify the decedent, including but not limited to the

decedent's face or any tattoos.

(3) No autopsy photograph, other visual image in whatever form, video recording, or

audio recording supplied by the state medical examiner, coroner, or other public

official in lawful possession of those materials pursuant to subsection (1)(b) to (j) of

this section shall be used for any purpose not specifically described therein.

(4) When the purpose for the use of an autopsy photograph, other visual image in

whatever form, video recording, or audio recording has been achieved, the material

shall be destroyed by the person to whom it was made available under this section.

(5) When the state medical examiner, coroner, or other public official in lawful

possession of an autopsy photograph, other visual image in whatever form, video

recording, or audio recording makes the materials available under subsection (1)(f)

to (j) of this section:

1. The name, address, and Social Security number of the decedent shall be

redacted; and

2. Any distinguishing physical features which would allow a viewer to identify

the decedent, including but not limited to the decedent's face or any tattoos,

shall be obscured.

(6) Any person seeking any autopsy photograph, other visual image in whatever form,

video recording, or audio recording pursuant to this section shall pay any fee

allowed under KRS 72.260 for the requested items.

(7) The provisions of this section shall not be construed to contravene or limit the

production of records pursuant to the Rules of Civil Procedure or the Rules of

Criminal Procedure.

(8) (a) The Circuit Court of the county where the decedent resided or, if the decedent

was not a resident of the Commonwealth, in which an autopsy photograph,

other visual image in whatever form, video recording, or audio recording is

located may, upon a showing of good cause, issue an order authorizing any

person to view or copy a photograph, other visual image in whatever form,

video recording, or audio recording of an autopsy or to listen to or copy an

audio recording of an autopsy, and may prescribe any restrictions or

stipulations that the court deems appropriate. In determining good cause, the

court shall consider whether this disclosure is necessary for the public

evaluation of governmental performance, whether the disclosure is the least

intrusive means available, and the availability of similar information in other

public records, regardless of form. In all cases, the viewing, copying, listening

to, or other handling of a photograph, other visual image in whatever form,

video recording, or audio recording of an autopsy shall be under the direct

supervision of the custodian of the record or of the custodian's designee.

(b) 1. The spouse or personal representative of the decedent shall be given:

a. Reasonable notice of a petition filed with the court to view or copy

a photograph, other visual image in whatever form, video

recording, or audio recording of an autopsy or a petition to listen to

or copy an audio recording;

b. A copy of the petition; and

c. Reasonable notice of the opportunity to be present and heard at any

hearing on the matter.

2. If there is no surviving spouse or personal representative, then the notice

shall be given to the deceased's adult children or, if the deceased has no

adult children, to the surviving parents of the deceased, and, if there is

no individual to represent the estate of the decedent, then the court shall

proceed to schedule a hearing without giving such notice.