NY Cty L § 677 (2021)
2021 New York Laws CNT - County Article 17-A - Coroner, Coroner's Physician and Medical Examiner 677 - Records; Reports.

§ 677. Records; reports. 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. Notwithstanding section six hundred seventy of this article or  any other  provision  of  law,  the  coroner, coroner's physician or medical examiner shall promptly provide the chairman of the  correction  medical review   board   and  the  commissioner  of  corrections  and  community supervision  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 incarcerated individual of a correctional facility as  defined  by subdivision three of section forty of the correction law within his or her county;  and  shall  promptly  provide  the  executive director of the justice center for the protection of people with special needs with copies of any autopsy report, toxicology report or any report of  any examination or inquiry prepared with respect to the death of any service recipient occurring while he  or  she  was  a  resident  in  any facility  operated,  licensed  or  certified  by  any  agency within the department  of  mental  hygiene,  the  office  of  children  and  family services, the department of health or the state education department. 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,  the commissioner of corrections and community supervision or the executive director of the justice center for people with special  needs, as appropriate, by such person, partnership, corporation or governmental agency.   7.  (a) Upon the written request of the commissioner of mental health, the  commissioner  of  the  office  for   persons   with   developmental disabilities,  the  director  of  the  mental hygiene legal service, the executive director of the justice center for the  protection  of  people with  special  needs  or  the  director of a mental hygiene facility, as defined in  subdivision  two  of  section  five  hundred  fifty  of  the executive  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 at such a mental hygiene facility.  (b)  Upon the written request of the commissioner of mental health, or commissioner  of  developmental  disabilities,  or  a  director   of   a departmental  facility  as defined in section 1.03 of the mental hygiene law, or the executive director of the justice center for the  protection of  people  with  special  needs,  the  coroner,  coroner's physician or medical examiner shall transmit to the commissioner, or  such  director, or  any  member  of  the  justice  center medical review board, 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 justice center medical review board pursuant to its authority under section five hundred fifty-six of the  executive  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.   9. When required for official purposes  of  the  state  department  of health,  the  state  commissioner  of  health or his or her designee may request copies of all reports and records related to a death, including, but not limited to, autopsy reports and toxicology reports. Upon receipt of the written request of the state commissioner of health or his or her designee, a coroner, coroner's physician  or  medical  examiner,  shall, within  three  business  days  of  their  completion,  provide  to  such commissioner or his or her designee a copy of all reports  and  records, including,  but  not  limited to, autopsy reports and toxicology reports related to the death.