TITLE 19

CRIMINAL PROCEDURE

CHAPTER 43

CORONER’S INQUESTS

19-4301B.  Performance of autopsies. (1) The coroner may, in the performance of his duties under this chapter, summon a forensic pathologist authorized to practice medicine and surgery in the state of Idaho to inspect the body and give a professional opinion as to the cause of death. The coroner or the prosecuting attorney may order a forensic autopsy performed if it is deemed necessary to determine accurately and scientifically the cause of death. Before an autopsy pursuant to this chapter may be performed on the body of any person who at the time of death was under eighteen (18) years of age, the coroner shall provide written notification to the parent or guardian of such minor person that an autopsy has been ordered, a general description of the autopsy to be performed, and a general description of the expected physical appearance of the body after the autopsy; provided that if the parent or guardian of such minor person is not reasonably identifiable or ascertainable, then no such notice is required. When a forensic autopsy has been performed, pursuant to an order of a coroner or a prosecuting attorney, no cause of action shall lie against any person, firm, or corporation for participating in or requesting such autopsy.

(2)  As used in this section:

(a)  "Cause of death" means a medical opinion of the disease or injury that resulted in a person’s death.

(b)  "Forensic autopsy" means an internal postmortem examination to discover the cause and manner of death or the extent of disease, authorized by law, and typically performed under the legal jurisdiction of a coroner for criminal justice and public health purposes.

(c)  "Forensic pathologist" means a physician who is board-certified in the practice of medicine in which the principles of pathology are applied to problems of potential legal, public health, or public safety significance, including the performance of autopsies to determine the cause of death and assist in determining the manner of death.

History:

[19-4301B, added 1961, ch. 262, sec. 4, p. 459; am. 2025, ch. 96, sec. 2, p. 513.]