AN ACT to amend and reenact sections 23-01-05.5, 43-10-10.1, and 44-04-18.18 of the North Dakota Century Code, relating to autopsy reports, working papers, funeral practice exceptions, and photographs.
HB 1068 revises North Dakota law governing the confidentiality and disclosure of autopsy-related records and images, and makes a narrow update to funeral practice exceptions. The bill reorganizes and clarifies definitions for autopsy reports, working papers, notes, and images, and sets out who may receive each category of record. It preserves confidentiality for autopsy reports and investigative materials, but requires disclosure to specified public officials and agencies, including coroners, prosecutors, criminal justice agencies, workers’ compensation entities, fatality review bodies, and certain federal agencies. It also establishes procedures for next-of-kin notification and makes the report of death public eight days after finalization.
The bill amends sections 23-01-05.5, 43-10-10.1, and 44-04-18.18 of the North Dakota Century Code. Its main legal effect is to refine public-records and confidentiality rules for autopsy reports, working papers, notes, photographs, and audio/video recordings, including expanded disclosure pathways, clearer limits on who may access materials, and immunity for good-faith disclosures. It also updates funeral practice exceptions to clarify that certain nonlicensed or out-of-state individuals may perform limited tasks or assist funeral practitioners without being treated as engaging in the licensed practice of funeral service.
The bill appears to have been broadly supported and noncontroversial. It passed the House 91-0 and the Senate 44-1, indicating strong bipartisan approval. The available record does not include committee testimony, but the vote totals suggest lawmakers generally viewed the measure as a technical or clarifying update rather than a major policy dispute.
No major points of contention are evident in the available materials. The only likely areas for debate would have been the balance between privacy for families and public access to autopsy materials, and the scope of permitted disclosures to law enforcement, researchers, insurers, and review panels. The near-unanimous votes suggest any concerns about confidentiality, next-of-kin access, or the funeral practice exceptions were limited or resolved during the legislative process.