Attorney General's Opinion 1984-85 #170

MEDICINE. MEDICAL EXAMINERS. COMMENTING ON CAUSE OF DEATH OF DECEDENT PRIOR TO FILING CERTIFICATE OF DEATH.

March 21, 1985

The Honorable Thomas M. Moncure, Jr.
Member, House of Delegates

84-85 170

You have asked whether a medical examiner is precluded from making public or informal comments or speculating upon the cause of death of a decedent prior to the filing of the death certificate described in §32.1-263 of the Code of Virginia. Further, you have asked whether physicians and employees of hospitals, nursing homes, ambulance services, and rescue squads are similarly precluded from publicly or privately commenting or speculating on the cause of death of a decedent prior to the filing of such a certificate.

Section 32.1-263 requires that a death certificate be filed with the appropriate district registrar for each death which occurs in the Commonwealth. A death certificate is considered to be a vital record. See §32.1-249(12). The confidentiality of vital records is protected by §32.1-271(A), which reads:

"To protect the integrity of vital records and to ensure the efficient and proper administration of the system of vital records, it shall be unlawful, notwithstanding the provisions of §§ 2.1-340.1 through 2.1-346.1, for any person to permit inspection of or to disclose information contained in vital records or to copy or issue a copy of all or part of any such vital records except as authorized by regulation of the Board or when so ordered by a circuit court of this Commonwealth." (Emphasis added.)

Sections 2.1-340 through 2.1-346.1 embrace the Freedom of Information Act, which permits public access to official records, unless otherwise provided by law. Section 32.1-27 1(A) provides such an exclusion. There are no regulations of the Board of Health which provide an exception to the prohibition against disclosure.

Disclosure of information contained in vital records is prohibited only when the vital records are the source of the information. If a person has the same information derived from an independent source, such as personal experience or participation in an incident, then the confidentiality provisions of § 32.1-271(A) would not preclude his discussion or speculation on related topics.

It is, therefore, my opinion that § 32.1-271(A) does not preclude a medical examiner, or any of the other parties with whom you are concerned, from commenting on a decedent's cause of death prior to the filing of the death certificate required by § 32.1-263.1

_______________

FOOTNOTES

1 I express no opinion as to possible civil liability which may exist for false or unfounded statements made by such individuals.