Section 1 (390.005, subd. 6) requires a coroner or medical examiner to maintain and make public the policy or principles used for communicating with a surviving relative regarding the investigation of a dead body.

Sections 2 and 3 (390.11) modifies this section to provide for the religious objections to an autopsy contained in section 4.

Section 4 (390.11, subd. 2b) creates a religious objection to an autopsy.

Paragraph (a) defines the following terms:  compelling state interest; interested party; religious beliefs; religious grounds; and surviving relative.

Paragraph (b) requires a coroner or medical examiner at least 24 hours before performing an autopsy to give written or verbal notice to the surviving relative of the decedent of the intended autopsy and their rights under this section.  An autopsy must not be performed if a surviving relative objects on religious grounds unless there is a compelling state interest.  A coroner or medical examiner may require the surviving relative to present an affidavit stating the person’s relationship to the decedent, the religious affiliation of the decedent, that the decedent has a religious objection and the basis of the belief, and that the surviving relative will assume responsibility for the lawful disposition of the body of the deceased.  If a surviving relative does not object, the autopsy may proceed.

Paragraph (c) states that if a coroner or medical examiner determines that there is a compelling state interest to perform an autopsy, the autopsy may be performed without delay, except if there has been a religious objection, the least invasive means to accomplish the compelling state interest must be used.

Paragraph (d) authorizes the court to waive the 24-hour waiting period upon ex parte motion if it is determined that the delay may prejudice the accuracy of the autopsy.

Paragraph (e) permits a coroner or medical examiner to bring an action in district court for an order to authorize the autopsy, if the coroner or medical examiner determines that there is a compelling state interest under circumstances that are not provided for in the definition of a compelling state interest, and there has been an objection based on religious grounds by a surviving relative or by an interested party and the party has submitted the required written information.  The action may be brought by a notice to show cause served on the surviving relative or, if not available, on another party as directed by the court.  The proceeding must be determined summarily on the oral and written proof submitted by the parties.  The court is required to grant the relief sought if it finds that the coroner or medical examiner has established a demonstrable need for the autopsy that outweighs observing the decedent’s religious beliefs.  If the court denies the petition and no stay is granted, the body must be immediately released for burial to the surviving relative.

Paragraph (f) specifies that any autopsy performed based on a compelling state interest when a religious objection has been made must be the least intrusive consistent with that state interest.

Section 6 (390.32) makes a change to this section to add a reference to section 390.11.

Section 7 requires the Commissioner of Health to review death records for which an autopsy was performed by a coroner or medical examiner within the past five years in terms of sociodemographic factors and report a summary of this information by county to the legislature by January 1, 2016.