Amended in Assembly June 27, 2013

Amended in Assembly June 14, 2013

Amended in Senate April 22, 2013

Amended in Senate April 9, 2013

Senate BillNo. 62


Introduced bybegin delete Senatorend deletebegin insert Senatorsend insert Pricebegin insert and Lieuend insert

January 8, 2013


An act to amend Section 802.5 of the Business and Professions Code, relating to coroners.

LEGISLATIVE COUNSEL’S DIGEST

SB 62, as amended, Price. Coroners: reporting requirements: prescription drug use.

Existing law requires a coroner to make a report, as specified, when he or she receives information that indicates that a death may be the result of a physician and surgeon’s, podiatrist’s, or physician assistant’s gross negligence or incompetence. Existing law requires the report to be followed, within 90 days, by copies of the coroner’s report, autopsy protocol, and all other relevant information.

This bill would require the coroner’s report and other information to follow the report within 90 days or as soon as possible once the coroner’s final report of investigation is complete. The bill would additionally require a coroner to file a report with the Medical Board of California when he or she receives information that indicates that the cause of death is due to a Schedule II, III, or IV drug. By increasing the duties of county officers, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 802.5 of the Business and Professions
2Code
is amended to read:

3

802.5.  

(a) When a coroner receives information that is based
4on findings that were reached by, or documented and approved
5by, abegin delete board-certified or California licensedend delete pathologist indicating
6that a death may be the result of a physician and surgeon’s,
7podiatrist’s, or physician assistant’s gross negligence or
8incompetence, a report shall be filed with the Medical Board of
9California, the Osteopathic Medical Board of California, the
10California Board of Podiatric Medicine, or the Physician Assistant
11Board. The initial report shall include the name of the decedent,
12date and place of death, attending physicians, podiatrists, or
13physician assistants, and all other relevant information available.
14The initial report shall be followed, within 90 days or as soon as
15possible once the coroner’s final report of investigation is complete,
16by copies of the coroner’s report, autopsy protocol, and all other
17relevant information.

18(b) A report required bybegin delete this sectionend deletebegin insert subdivision (a)end insert shall be
19confidential. No coroner, physician and surgeon, or medical
20examiner, nor any authorized agent, shall be liable for damages in
21any civil action as a result of his or her acting in compliance with
22this section. Nobegin delete board-certified or California licensedend delete pathologist,
23nor any authorized agent, shall be liable for damages in any civil
24action as a result of his or her providing information under
25subdivision (a)begin delete or (c)end delete.

26(c) When a coroner receives information that is based on
27findings that were reached by, or documented and approved by, a begin delete28 board-certified or California licensedend delete pathologist indicating that
P3    1the cause of death is due to a Schedule II, III, or IV drug, a report
2shall be filed with the Medical Board of California. The initial
3report shall include, when known, the name of the decedent, date
4and place of death, attending physicians, podiatrists, or physician
5assistants, and all other relevant information, including, but not
6limited to, any information available to identify the prescription
7drugs, prescribing physicians, and dispensing pharmacy. The initial
8report shall be followed, within 90 days or as soon as possible
9once the coroner’s final report of investigation is complete, by
10copies of the coroner’s report, autopsy protocol, and all other
11relevant information.

12

SEC. 2.  

If the Commission on State Mandates determines that
13this act contains costs mandated by the state, reimbursement to
14local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.



O

    95