SB 82: Autopsy Photo Amendments - Utah

Amended 2/18/2025 11:02:125 → Substitute #1 · 6 edits

MODERATE

This bill substitutes a new version of SB 82 that criminalizes the unauthorized sharing of autopsy photos or videos of deceased individuals. The new version clarifies confidentiality requirements for medical examiner records, defines 'deidentify' more clearly, and establishes specific rules for when researchers and other entities may access these records. It also adds criminal penalties for sharing non-public autopsy images without proper authorization.

Scope change

The bill maintains its focus on autopsy photo confidentiality but reorganizes and clarifies the provisions regarding who can access records and under what circumstances sharing is permitted or prohibited.

DEFINITION

Added a clear definition of 'deidentify' to specify what information must be removed from autopsy records before they can be shared for research or other purposes.

REQUIREMENT

Restructured the sections governing who can request medical examiner records, clarifying the process for relatives, legal representatives, physicians, and law enforcement officials.

ENFORCEMENT

Established criminal penalties (class B misdemeanor) for knowingly sharing non-public autopsy photographs or videos that are part of the medical examiner's record.

ELIGIBILITY

Updated criteria for researchers who can access medical examiner records, specifying requirements for advanced degrees, institutional affiliation, and IRB approval.

EXEMPTIONS

Added specific exceptions for law enforcement training, legal proceedings, and situations involving lawful subpoenas or court orders.

TECHNICAL

Removed the original effective date of May 7, 2025 and replaced it with a new version dated February 5, 2025, indicating this is a substitute bill rather than the original version.

Amended Excerpts 2/18/2025 11:02:125 → Amended 2/18/2025 11:02:125 · 4 edits

MODERATE

This bill amends Utah's medical examiner confidentiality laws to address the sharing of autopsy photographs and videos. It adds a new definition for 'deidentify' and establishes criminal penalties for knowingly sharing non-public autopsy photos or videos of decedents that are part of the medical examiner's record, with specific exceptions for immediate relatives, legal representatives, and medical professionals. The bill also clarifies procedures for researchers accessing medical examiner records for public health research.

Scope change

The bill expands the scope of Utah Code Section 26B-8-217 to explicitly include autopsy photographs and videos in the medical examiner's confidential records, whereas the previous version did not specifically address these visual materials.

ENFORCEMENT

Added criminal penalties (class B misdemeanor) for knowingly sharing autopsy photos or videos of decedents that are part of the medical examiner's record.

DEFINITION

Added a new definition for 'deidentify' to specify removal of personally identifying information about a decedent or their family.

REQUIREMENT

Modified requirements for researchers accessing medical examiner records to include specific approval processes from institutional review boards and sponsoring organizations.

Added requirements for researchers to deidentify records before use and to conduct research under supervision when third-party records contain personally identifiable information.

Enrolled → Amended Excerpts 2/18/2025 11:02:125 · 3 edits

MINOR

The bill adds a new criminal penalty for knowingly sharing autopsy photos or videos that are part of a medical examiner's record. This amendment clarifies that distributing such images without authorization is a class B misdemeanor, with specific exceptions for law enforcement, legal proceedings, and authorized medical professionals.

Scope change

The bill's scope remains focused on protecting medical examiner records, but it now explicitly criminalizes unauthorized sharing of autopsy photographs and videos in addition to written reports.

ENFORCEMENT

Added a new misdemeanor penalty for knowingly sharing autopsy photos or videos from medical examiner records, unless specific exceptions apply.

REQUIREMENT

Clarified that the criminal penalty applies to sharing photos or videos that are part of the medical examiner's record and not in the public domain.

EXCEPTIONS

Added specific exceptions allowing sharing for law enforcement training, legal proceedings, and authorized medical consultation purposes.

Introduced → Enrolled · 4 edits · Mar 26, 2025

MODERATE

This bill amends Utah's medical examiner confidentiality laws to explicitly criminalize the sharing of autopsy photographs and videos of decedents, while also clarifying definitions and procedures for releasing medical examiner records to researchers and other authorized parties.

Scope change

The bill expands the scope to specifically address autopsy photographs and videos, which were not explicitly covered in the previous version of the statute.

ENFORCEMENT

Added a new provision making it a class B misdemeanor to knowingly share, publish, or distribute autopsy photographs or videos of decedents that are part of the medical examiner's record, unless the photograph is already in the public domain.

DEFINITION

Added a specific definition for 'deidentify' meaning to remove personally identifying information about a decedent or their family and any other information that could be used to identify a decedent.

REQUIREMENT

Modified the requirements for researchers obtaining medical examiner records to explicitly require deidentification of records before use in research.

TECHNICAL

Reorganized and renumbered subsections throughout the statute to improve clarity and structure.

Autopsy Photo Amendments

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