5005.1 The CME shall be responsible for maintaining full and complete records and files, properly indexed, which provide the following information:

1. (a) The name, if known, of every person whose death is investigated;
2. (b) The place where the body was found;
3. (c) The date the body was found;
4. (d) The cause and manner of death; and
5. (e) All other relevant information and reports of the medical examiner concerning the death.

5005.2 The CME shall promptly deliver copies of records relating to deaths as to which further investigation may be advisable, and the records and files maintained under the provisions of subsection 5005.1 of this section shall be open to inspection by the following:

1. (a) The Mayor;
2. (b) The Mayor's authorized representative;
3. (c) The United States Attorney;
4. (d) The United States Attorney's Assistants;
5. (e) The Metropolitan Police Department; or
6. (f) Any other law enforcement agency or official.

5005.3 Any other person with a legitimate interest in the records and files maintained under the provisions of subsection 5005.1 may obtain copies of such records and files upon such conditions and payment of such fees as may be prescribed by these rules and applicable privacy laws. If such person fails to meet the prescribed conditions, such person may obtain copies of such records by doing one of the following:

1. (a) Providing written authorization of the next of kin for release of the records;
2. (b) Serving a subpoena on the custodian of records, Office of the Chief Medical Examiner; or

(c) Pursuant to a court order if the court is satisfied that such person has a legitimate interest.

5005.4 Information obtained by the OCME from the Homicide Section of the Metropolitan Police Department pursuant to subsection 5005.1 of these regulations shall not be available to those individuals covered under subsection 5005.3.

5005.6 Records and files maintained pursuant to subsection 5005.1 shall be preserved by the Chief Medical Examiner for a period of 30 years except that records and files related to an open investigation of a homicide shall be retained for 65 years from the date the CME initiates its investigation of the homicide.

5005.7 In accordance with the accreditation requirements of the National Association of Medical Examiners, Toxicology specimens shall be preserved for a minimum of 12 months and Histology specimens shall be preserved for a minimum of three months.

SOURCE: As amended by Final Rulemaking published at 52 DCR 8922 (October 7, 2005).