AB 1577, as amended, Atkins. Certificates of death: gender identity.
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 wouldbegin insert, commencing July 1, 2015,end insert require a person completing the certificate of death to record the decedent’s sex to reflect the decedent’s gender identity. The bill would require the decedent’s gender identity to be reported by the informant, unless the person completing the certificate is presented with a specifiedbegin delete document or documents memorializing the decedent’s gender transition, as specified,end deletebegin insert document,end insert in which case the person completing the certificate would be required to record the decedent’s sex as that which corresponds to the decedent’s gender identity as indicated in thatbegin delete document, as provided.end deletebegin insert
document.end insert The bill would provide that if none of the specified documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate is to be as reported by that person or majority of persons. The bill would also provide that if none of the specified documents are presented and a majority of persons who have equal rights to control the disposition of the remains do not agree on the gender identity of the decedent as reported by the informant, any one of those persons may petition the court to determine who among those persons will determine the gender identity of the decedent, as specified.
This bill wouldbegin insert, commencing July 1, 2015,end insert 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. The bill would also require a person completing the death certificate to satisfy certain data and certification requirements, as specified, using the information available to him or her prior to the deadlines for completion.
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:
This act shall be known, and may be cited, as the
2Respect After Death Act.
Section 102875 of the Health and Safety Code is
4amended to read:
The certificate of death shall be divided into two
6sections.
7(a) The first section shall contain those items necessary to
8establish the fact of the death, including all of the following and
9those other items as the State Registrar may designate:
10(1) (A) Personal data concerning decedent including full name,
11sex, color or race, marital status, name of spouse, date of birth and
12age at death, birthplace, usual residence, and occupation and
13industry or business.
14(B) begin deleteA end deletebegin insertCommencing
July 1, 2015, a end insertperson completing the
15certificate shall record the decedent’s sex to reflect the decedent’s
16gender identity. The decedent’s gender identity shall be reported
17by the informant, unless the person completing the certificate is
18presented withbegin delete a document that memorializes the decedent’s gender a birth certificate, a driver’s
19transition, including, but not limited to,end delete
20license, a social security record, a court order approving a name
21or gender change, a passport, an advanced health care directive,
22or proof of clinical treatment for gender transition, in which case
23the person completing the certificate shall record the decedent’s
24sex as that which corresponds to the decedent’s gender identity as
25indicated in that document.begin delete If the documents provided are in
26conflict regarding the decedent’s gender and are issued on the
27
same date, the document evidencing the transition shall prevail.
28If the documents provided are in conflict regarding the decedent’s
29gender and issued on different dates, the most recent document
30shall prevail.end delete
31person with the right, or a majority of persons who have equal
32rights, to control the disposition of the remains pursuant to Section
337100 is in disagreement with the gender identity reported by the
P4 1informant, the gender identity of the decedent recorded on the
2death certificate shall be as reported by that person or majority of
3persons.
4(C) begin deleteIf end deletebegin insertCommencing July 1, 2015, if end inserta document
specified in
5subparagraph (B) is not presented and a majority of persons who
6have equal rights to control the disposition of the remains pursuant
7to Section 7100 do not agree with the gender identity of the
8decedent as reported by the informant, any one of those persons
9may file a petition, in the superior court in the county in which the
10decedent resided at the time of his or her death, or in which the
11remains are located, naming as a party to the action those persons
12who otherwise have equal rights to control the disposition and
13seeking an order of the court determining, as appropriate, who
14among those parties shall determine the gender identity of the
15decedent.
16(D) begin deleteA end deletebegin insertCommencing July 1, 2015,
a end insertperson completing the death
17certificate in compliance with subparagraph (B) is not liable for
18any damages or costs arising from claims related to the sex of the
19decedent as entered on the certificate of death.
20(E) begin deleteA end deletebegin insertCommencing July 1, 2015, a end insertperson completing the death
21certificate shall comply with the data and certification requirements
22described in Section 102800 by using the information available to
23him or her prior to the deadlines for completion specified in that
24section.
25(2) Date of death, including month, day, and year.
26(3) Place of death.
27(4) Full name of father and birthplace of father, and full maiden
28name of mother and birthplace of mother.
29(5) Informant.
30(6) Disposition of body information including signature and
31license number of embalmer if body embalmed or name of
32embalmer if affixed by attorney-in-fact; name of funeral director,
33or person acting as such; and date and place of interment or
34removal. Notwithstanding any other provision of law to the
35contrary, an electronic signature substitute, or some other indicator
36of authenticity, approved by the State Registrar may be used in
37lieu of the actual signature of the embalmer.
38(7) Certification and
signature of attending physician and
39surgeon or certification and signature of coroner when required to
40act by law. Notwithstanding any other provision of law to the
P5 1contrary, the person completing the portion of the certificate setting
2forth the cause of death may attest to its accuracy by use of an
3electronic signature substitute, or some other indicator of
4authenticity, approved by the State Registrar in lieu of a signature.
5(8) Date accepted for registration and signature of local registrar.
6Notwithstanding any other provision of law to the contrary, the
7local registrar may elect to use an electronic signature substitute,
8or some other indicator of authenticity, approved by the State
9Registrar in lieu of a signature.
10(b) The second section shall contain those items relating to
11medical
and health data, including all of the following and other
12items as the State Registrar may designate:
13(1) Disease or conditions leading directly to death and
14antecedent causes.
15(2) Operations and major findings thereof.
16(3) Accident and injury information.
17(4) Information indicating whether the decedent was pregnant
18at the time of death, or within the year prior to the death, if known,
19as determined by observation, autopsy, or review of the medical
20record. This paragraph shall not be interpreted to require the
21performance of a pregnancy test on a decedent, or to require a
22review of medical records in order to determine pregnancy.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution for certain
25costs that may be incurred by a local agency or school district
26because, in that regard, this act creates a new crime or infraction,
27eliminates a crime or infraction, or changes the penalty for a crime
28or infraction, within the meaning of Section 17556 of the
29Government Code, or changes the definition of a crime within the
30meaning of Section 6 of Article XIII B of the California
31Constitution.
32However, if the Commission on State Mandates determines that
33this act contains other costs
mandated by the state, reimbursement
34to local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.
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