New Jersey Administrative Code › Title 8 - HEALTH › Chapter 70 - CHIEF STATE MEDICAL EXAMINER RULES › Subchapter 1 - AUTOPSIES › Section 8:70-1.6 - Objections to autopsy on religious grounds

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				When the medical examiner determines that an autopsy is a compelling public
				necessity, as defined by N.J.S.A. 52:17B-88.1a(1) through (4), but the circumstances
				of the death or the appearance or personal effects of the decedent indicate an
				obvious reason to believe that it would have been against the religious beliefs of
				the decedent to be autopsied, or a member of the decedent's immediate family, or, in
				the absence thereof, a friend of the deceased (as defined by N.J.S.A. 52:17B-88.1b),
				has objected to the autopsy, then the medical examiner shall proceed as follows:
1. If the medical examiner has obvious reason to
				believe that it is against the decedent's religious beliefs, and a member of the
				decedent's immediate family, or, in the absence thereof, a friend of the deceased,
				does not raise the religious objection, then the medical examiner shall request a
				judge of the Superior Court to appoint a representative to act on behalf of the
				decedent and shall postpone the autopsy for 48 hours.
2. If a member of the decedent's family, or, in
				the absence thereof, a friend of the deceased, objects because the procedure is
				contrary to the decedent's religious beliefs, the medical examiner shall postpone
				the autopsy for 48 hours.
3. After
				making the decision to postpone the autopsy, the medical examiner shall reevaluate
				all of the facts, seek any necessary additional information, and examine the body
				and perform any examinations that do not invade the body, including, but not limited
				to, external examinations, photography, X-rays, laser examination, computerized
				tomography, and magnetic resonance.
4.
				At the conclusion of any procedures set forth in (a)3 above, the medical examiner
				shall reconsider whether the autopsy is a compelling public necessity, as defined by
				N.J.S.A. 52:17B-88.1a(1) through (4). If the medical examiner concludes that the
				autopsy constitutes a compelling public necessity, he or she shall notify the
				objecting party, shall advise the party of the party's right to institute an action
				in the Superior Court to determine the propriety of the autopsy, and, if any court
				proceeding is pending, shall notify the Superior Court judge that the autopsy
				constitutes a compelling public necessity. If at the end of this evaluation the
				medical examiner concludes that the autopsy is not a compelling public necessity,
				pursuant to N.J.S.A. 52:17B-88.1a(1) through (4), and that there are sufficient
				facts to complete a competent death certificate and to satisfy the forensic needs of
				the investigation, he or she shall issue a death certificate and may release the
				body for burial.
5. Notwithstanding the
				provisions of this subsection, the medical examiner may make ex parte application to
				the judge to dispense with the waiting period if the medical examiner determines
				that any compelling necessity exists, as defined by N.J.S.A. 52:17B-88.1a(1), (2),
				(3) or (4), and concludes that the delay may prejudice the accuracy of the autopsy,
				and makes a good faith effort to notify any court-appointed representative or
				objecting family member or friend.