February 14, 2012
Senator Jerome Delvin
Washington State Senate
202 Irv Newhouse Building
PO Box 40408
Olympia, WA 98504-0405
Re: Request for Amendment to Senate Bill 6037 (Autopsy Images)
Dear Senator Delvin:
I am writing on behalf of the American Society for Clinical Pathology (ASCP) in support of efforts
made by both the College of American Pathologists (CAP) and the Washington State Society of
Pathologists (WSP) to request amendments to Senate Bill 6037.
The ASCP is a 501(c) (3) nonprofit medical specialty society representing more than 100,000
members. Our members are board certified pathologists, other physicians, clinical scientists, certified
medical technologists and technicians, and educators. ASCP is one of our nation’s largest medical
specialty societies and is the world’s largest organization representing the field of laboratory
medicine and pathology. As the leading provider of continuing education for pathologists and
medical laboratory personnel, ASCP enhances the quality of the profession through comprehensive
educational programs, publications, and self-assessment and advocacy. The Society was pleased to
see that the legislation has been tabled until 2013 giving legislators an opportunity to address the
concerns in Senate Bill 6037:
For example, a photograph, video, or audio recording from an autopsy or
postmortem examination shall be confidential, except that the following persons must
file a petition with the court in order to obtain a court order that would allow the
person to examine, view, copy, listen to, or record, the photograph or video or audio
recording: The personal representative of the decedent as defined in RCW 11.02.005,
any family member, and the attending physician or advanced registered nurse
practitioner. The court shall prescribe any restrictions or stipulations it deems
appropriate.
The amended language of this bill would also make it a Class C felony for any person to violate this
provision. Of concern to the medical community is that autopsy photos and visual materials have a
long standing bona fide and traditional use for teaching and training purposes with medical students,
public health personnel, medical examiners and law enforcement personnel. All of these activities
would be prohibited and criminalized if this legislation is enacted in its current form.
Please recognize that all of these teaching and training activities have a societal and scientific benefit
that should not be prohibited to the extent contemplated under this language. The effect of the
prohibition set forth in this legislation will impair medical teaching, public health education, and the
training of forensic science personnel.
In listening to the hearing on this bill, it was evident that many members of the Committee,
including the Chair, understood the need to preserve legitimate scientific, medical and law
enforcement uses of this material; however, inexplicably, no language was included in the
Committee amendment to preserve and protect the use of these materials for these important
purposes. In order to protect the privacy of the decedent and the decedent’s family, while allowing
for continued use of these materials for teaching and training, we strongly urge adoption of the
following amendment:
Sec 2. (1) Notwithstanding the prohibitions of Section 1, a medical examiner, coroner, or physician
in lawful possession of an autopsy photograph, or other visual image in whatever form, including
video, or audio recording, may, after expunging and redacting all information identifying the
decedent, including name, address, and Social Security number, and after rendering facial identity
anonymous, use such material for:
(i) medical or scientific teaching or training purposes;
(ii) teaching or training of law enforcement personnel;
(iii) teaching or training of attorneys or others with a bona fide professional need to use or
understand forensic science;
(iv) conferring with medical or scientific experts in the field of forensic science;
(v) publication in a scientific or medical journal or textbook.
(2) A medical examiner, coroner or physician who has in good faith complied with this provision
shall not be subject to any penalty under this section.
The legislative language being proposed herein has been substantively included in multiple state laws
(See: California Cal. C.C.P. § 129; Indiana IC 36-2-14-10; Michigan M.C.L.A. 333.2855a; North
Carolina N.C.G.S.A. § 130A-389.1; North Dakota NDCC, 44-04-18.18; South Carolina Code 1976 §
17-5-535; Tennessee T. C. A. § 38-7-119.) that otherwise prohibit the use or release of autopsy
image materials so as to protect the privacy of decedent while continuing to allow the use of such
materials for societal benefit. ASCP, along with the other pathology organizations, believes that the
laws in other states, with this language, have effectively regulated these materials while ensuring their
contained use for necessary medical, public health and legal purposes. We strongly urge that this
language be included in any prohibition on use of these materials enacted in Washington State.
Thank you for your consideration of this request.
Sincerely,
C. Bruce Alexander, MD, FASCP
President, American Society for Clinical Pathology (ASCP)