AB 1577, as introduced, Atkins. Certificates of death: transgender decedent.
Existing law establishes the State Department of Public Health under the direction of the State Public Health Officer. Existing law sets forth its powers and duties of the State Public Health Officer, including, but not limited to, designation as the State Registrar of Vital Statistics, having supervisory powers over local registrars and responsible for the uniform and thorough enforcement of provisions relating to the registration of certain vital statistics.
Existing law requires that each death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found. Existing law sets forth the persons responsible for completing the certificate of death and the required contents of the certificate, including, but not limited to, the decedent’s name, sex, and birthplace. Certain violations of these requirements are a crime.
This bill would require a person completing the certificate of death to record the decedent’s gender as that reported by the informant, unless the person completing the certificate is presented with a legal document that memorializes the decedent’s gender transition, in which case the document would control. The bill would grant immunity from liability for costs or damages arising from any claims based upon a person entering a decedent’s gender as required by this bill.
By changing the definition of existing crimes, and by increasing the responsibility of local officials, this bill would impose 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 102875 of the Health and Safety Code
2 is amended to read:
The certificate of death shall be divided into two
4sections.
5(a) The first section shall contain those items necessary to
6establish the fact of the death, including all of the following and
7those other items as the State Registrar may designate:
8(1) begin insert(A)end insertbegin insert end insertPersonal data concerning decedent including full name,
9sex, color or race, marital status, name of spouse, date of birth and
10age at death, birthplace, usual residence, and occupation and
11industry or business.
12(B) If the decedent’s sex was transgender, a person completing
13the certificate shall record the decedent’s gender as that reported
14by the informant, unless the person completing the certificate is
15presented with a legal document that memorializes the decedent’s
16gender transition, including, but not limited to, a birth certificate,
17a driver’s license, a court order approving a name change, a social
18security card, an advanced health care directive, or proof of
19clinical treatment for gender transition. In cases where the person
20with the right to control the disposition of the remains, as set forth
21in Section 7100, is in disagreement with the most recently dated
P3 1document presented, the document memorializing the decedent’s
2gender transition shall prevail.
3(C) A person completing the
death certificate in compliance
4with subparagraph (B) is not liable for any damages or costs
5arising from claims related to the sex of the decedent as entered
6on the certificate of death.
7(2) Date of death, including month, day, and year.
8(3) Place of death.
9(4) Full name of father and birthplace of father, and full maiden
10name of mother and birthplace of mother.
11(5) Informant.
12(6) Disposition of body information including signature and
13license number of embalmer if body embalmed or name of
14embalmer if affixed by attorney-in-fact; name of funeral director,
15or person acting as such; and date and place of interment or
16removal. Notwithstanding any other provision
of law to the
17contrary, an electronic signature substitute, or some other indicator
18of authenticity, approved by the State Registrar may be used in
19lieu of the actual signature of the embalmer.
20(7) Certification and signature of attending physician and
21surgeon or certification and signature of coroner when required to
22act by law. Notwithstanding any other provision of law to the
23contrary, the person completing the portion of the certificate setting
24forth the cause of death may attest to its accuracy by use of an
25electronic signature substitute, or some other indicator of
26authenticity, approved by the State Registrar in lieu of a signature.
27(8) Date accepted for registration and signature of local
28registrar. Notwithstanding any other provision of law to the
29contrary, the local registrar may elect to use an electronic signature
30substitute, or some other indicator of authenticity,
approved by
31the State Registrar in lieu of a signature.
32(b) The second section shall contain those items relating to
33medical and health data, including all of the following and other
34items as the State Registrar may designate:
35(1) Disease or conditions leading directly to death and
36antecedent causes.
37(2) Operations and major findings thereof.
38(3) Accident and injury information.
39(4) Information indicating whether the decedent was pregnant
40at the time of death, or within the year prior to the death, if known,
P4 1as determined by observation, autopsy, or review of the medical
2record. This paragraph shall not be interpreted to require the
3performance of a pregnancy test on a decedent, or to
require a
4review of medical records in order to determine pregnancy.
No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution for certain
7costs that may be incurred by a local agency or school district
8because, in that regard, this act creates a new crime or infraction,
9eliminates a crime or infraction, or changes the penalty for a crime
10or infraction, within the meaning of Section 17556 of the
11Government Code, or changes the definition of a crime within the
12meaning of Section 6 of Article XIII B of the California
13Constitution.
14However, if the Commission on State Mandates determines that
15this act contains other costs mandated by the state, reimbursement
16to local agencies and school districts for those costs
shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.
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