§ 23-4-4.1 - Procedure for performance of autopsies against a family's religious beliefs.
SECTION 23-4-4.1
§ 23-4-4.1 Procedure for performance ofautopsies against a family's religious beliefs. – (a) Notwithstanding any other provision of law, in the absence of a compellingpublic necessity, no dissection or autopsy shall be performed over theobjection of a surviving relative or friend of the deceased that the procedureis contrary to the religious belief of the decedent.
(b) For the purposes of this section:
(1) "Compelling public necessity" means:
(i) That the dissection or autopsy is essential to theconduct of a criminal investigation of a suspected homicide, of which thedecedent is the victim,
(ii) That discovery of the cause of death is necessary tomeet an immediate and substantial threat to the public health and that adissection or autopsy is essential to ascertain the cause and/or manner ofdeath, or
(iii) That the dissection or autopsy is necessary to obtainproper toxicologic or other specimens which may represent evidence of a crimeand will deteriorate over time, or the need for a dissection or autopsy isotherwise established in accordance with subsection (e) of this section.
(2) "Relative" means the person most closely related to thedecedent by consanguinity or affinity. In the event that person is unavailable,the objection may be raised on his or her behalf by the next most closelyrelated person. The official who has authority to order a dissection or autopsyof the decedent's body may require a relative to present an affidavit statinghis or her relationship to the decedent, the religious affiliation of thedecedent, if any, that the decedent had religious objection to an autopsy, thebasis for that belief, and that he or she will assume responsibility for thelawful disposition of the body of the deceased.
(3) "Friend" means any person who, prior to the decedent'sdeath, maintained such regular contact with the decedent as to be familiar withhis or her activities, health, and religious beliefs and who presents anaffidavit stating the facts and circumstances upon which the claim that he orshe is a friend is based, the religious affiliation of the decedent, if any,that the decedent had religious objections to an autopsy, the basis for thatbelief, and that he or she will assume responsibility for the lawfuldisposition of the body of the deceased.
(c) All dissections or autopsies performed pursuant to thissection shall be the least intrusive procedure consistent with the compellingstate interest as defined in this section.
(d) Whenever, in the opinion of a medical examiner, there isa compelling public necessity under subsection (b)(1)(i) or (b)(1)(ii) toperform an autopsy or dissection, and a member of the deceased's immediatefamily or, in the absence of a member of the deceased's immediate family, afriend objects that the autopsy or dissection is contrary to the religiousbeliefs of the deceased or there is an obvious reason to believe, based onwritten information or records provided the medical examiner, that the autopsyor dissection is contrary to the religious beliefs of the deceased, then nodissection or autopsy shall be performed until forty-eight (48) hours afternotice of the dissection or autopsy is given by the medical examiner to theobjecting party, or, if there is no objecting party, to any party that thecourt may name. During that forty-eight (48) hour period, the objecting partyor the party named by the court may institute action in the superior court todetermine the propriety of the dissection or autopsy, but the court maydispense with the waiting period upon ex parte motion if it determines that thedelay may prejudice the accuracy of the autopsy or dissection.
(e) Whenever, in the opinion of a medical examiner, there isa compelling public necessity in circumstances not provided for in subsection(b)(1)(i) or (b)(1)(ii), but authorized by § 23-4-4, to perform an autopsyor dissection, and a member of the deceased's immediate family or, in theabsence of a member of the deceased's immediate family, a friend objects thatthe autopsy or dissection is contrary to religious beliefs of the deceased orthere is an obvious reason to believe, based on written information or recordsprovided the medical examiner, that the autopsy or dissection is contrary tothe religious beliefs of the deceased, then the medical examiner may institutean action in the superior court for an order authorizing the autopsy ordissection. The action shall be instituted by an order to show cause on noticeto the next of kin or friend, or if none is known to the petitioner, then toany party that the court may direct, returnable at the earliest possible time.The proceeding shall have preference over all other cases in the court andshall be determined summarily upon the petition and the oral or written proofthat may be offered by the parties. The court shall grant the relief sought inthe petition if it finds that the petitioner has established a demonstrableneed for the autopsy or dissection that, under all circumstances of the case,outweighs the state's interest in observing the decedent's religious beliefs.If the petition is denied, and no stay is granted by the court, the body shallimmediately be released for burial to the surviving relative or friend.