2005 Arizona Revised Statutes - Revised Statutes §11-597  Autopsies; reports; exemption from liability

A. The county medical examiner or person performing the duties of a county medical examiner shall conduct such investigation as may be required and shall determine whether or not the public interest requires an autopsy or other special investigation. In his or her determination of the need for an autopsy, the county medical examiner or person performing the duties of a county medical examiner may consider the request for an autopsy made by private persons or public officials. If the county attorney or a superior court judge of the county where the death occurred requests, the county medical examiner or the licensed physician performing the duties of a county medical examiner shall perform an autopsy.

B. The county medical examiner or the licensed physician performing the duties of a county medical examiner shall perform an autopsy in cases of sudden and unexplained infant death in accordance with protocols adopted by the director of the department of health services. If the examiner determines that the infant died of sudden infant death syndrome, the examiner shall notify the department of health services. The examiner may take tissue samples for research purposes from an infant who died of sudden infant death syndrome if the tissue removal is not likely to result in any visible disfigurement, except that tissue samples for research purposes shall not be taken if a parent of the infant objects on the grounds such procedure conflicts with personal beliefs.

C. If an autopsy is performed, a full record or report of the facts developed by the autopsy in the findings of the person making such autopsy shall be properly made and filed in the office of the county medical examiner or the board of supervisors. If the person performing the autopsy determines that the report should be forwarded to the county where the death occurred or the county wherein any injury contributing to or causing the death was sustained, he shall forward a copy of the report to the county attorney.

D. A county attorney may request and upon request shall receive from the county medical examiner or a person performing the duties of a county medical examiner a copy of the report on any autopsy performed.

E. The county medical examiner or person performing the duties of a county medical examiner may perform such other tests deemed necessary to determine identity, cause and manner of death and may retain tissues, specimens and other biological materials for subsequent examination.

F. When an autopsy or such other tests are performed by the county medical examiner or person performing the duties of a county medical examiner, no cause of action shall lie against the physician or any other person for requesting the autopsy or for participating in the autopsy.