26:6B-11 Determination of necessity for autopsy.

623 words·~3 min read·/nj/title-26/chapter-6b/26-6b-11·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

11. a. The Chief State Medical Examiner, a county or intercounty medical examiner, an assignment judge of the Superior Court, a county prosecutor, the Attorney General, or the commissioner may deem an autopsy necessary after a preliminary death investigation is performed.

b. Notwithstanding any other provision of law to the contrary, no dissection or autopsy shall be performed, in the absence of a compelling public necessity, if a member of the decedent's immediate family or, in the absence thereof, a friend of the decedent objects to the procedure on the grounds that it is contrary to the religious belief of the decedent, or if there is an obvious reason to believe that a dissection or autopsy is contrary to the decedent's religious beliefs.

c. If, in the opinion of a medical examiner, there is a compelling public necessity to perform a dissection or autopsy, and a member of the decedent's immediate family or, in the absence thereof, a friend of the decedent objects to the procedure on the grounds that it is contrary to the religious beliefs of the decedent, or if there is an obvious reason to believe that the dissection or autopsy is contrary to the religious beliefs of the decedent, no dissection or autopsy shall be performed until 48 hours after notice thereof is given by the medical examiner to the objecting party, or, if there is no objecting party, to such other party as the court may name.

During that 48-hour period, the objecting party or the party named by the court may institute action in the Superior Court to determine the propriety of the dissection or autopsy; however, the court may dispense with the waiting period upon ex parte motion if it determines that the delay may prejudice the accuracy of the dissection or autopsy, or may precipitate or prolong an immediate and substantial threat to public health or safety.

(1)If, in the opinion of a medical examiner, there is a compelling public necessity to perform a dissection or autopsy for reasons not otherwise provided in this act, and a member of the decedent's immediate family or, in the absence thereof, a friend of the decedent objects that the dissection or autopsy is contrary to the religious beliefs of the decedent, or there is an obvious reason to believe that the dissection or autopsy is contrary to the religious beliefs of the decedent, the medical examiner may institute an action in the Superior Court for an order authorizing the dissection or autopsy. The action shall be instituted by an order to show cause on notice to the member of the decedent's immediate family or friend of the decedent, or, if no such individual is known, to such other party as the court may direct.

(2)An action brought pursuant to paragraph

(1)of this subsection shall have preference over all other cases and shall be determined summarily upon the petition and oral or written proof, if any, offered by the parties. The court shall permit the dissection or autopsy to be performed if it finds that the medical examiner established a compelling public necessity, for reasons not otherwise provided for in this act, for the autopsy or dissection under all of the circumstances of the case, or if the objecting party or party named by the court fails to swear or affirm that an autopsy or dissection would be contrary to the decedent's religious beliefs. If permission to perform a dissection or autopsy is denied and no stay is granted by the court or by the appellate division, the decedent's body shall be immediately released for burial.

e. Bodies shall be treated with dignity and respect commensurate with the goals of this act.

L.2018, c.62, s.11.