SB 62, as introduced, 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.
This bill would expand those provisions to require a coroner to make a report when he or she receives information that indicates a death may be the result of prescription drug use and to require the coroner to additionally file the report with the California State Board of Pharmacy. By increasing the duties of county officers, this bill creates 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:
Section 802.5 of the Business and Professions
2Code is amended to read:
(a) When a coroner receives information that is based
4on findings that were reached by, or documented and approved by
5a board-certified or board-eligible pathologist indicating that a
6death may be the result of a physician and surgeon’s, podiatrist’s,
7or physician assistant’s gross negligence or incompetence, a report
8shall be filed with the Medical Board of California, the Osteopathic
9Medical Board of California, the California Board of Podiatric
10Medicine, or the Physician Assistant Board. The initial report shall
11include the name of the decedent, date and place of death, attending
12physiciansbegin delete orend deletebegin insert,end insert
podiatristsbegin insert, or physician assistantsend insert, and all other
13relevant information available. The initial report shall be followed,
14within 90 days, by copies of the coroner’s report, autopsy protocol,
15and all other relevant information.
16(b) When a coroner receives information that is based on
17findings that were reached by, or documented and approved by a
18board-certified or board-eligible pathologist indicating that a
19death may be the result of prescription drug use, a report shall be
20filed with the Medical Board of California, the Osteopathic Medical
21Board of California, the California Board of Podiatric Medicine,
22or the Physician Assistant Board, and shall also be filed with the
23California State Board of Pharmacy. The initial report shall
24include the
name of the decedent, date and place of death,
25attending physicians, podiatrists, or physician assistants, and all
26other relevant information available. The initial report shall be
27followed, within 90 days, by copies of the coroner’s report, autopsy
28protocol, and all other relevant information.
29(b) The
end delete
30begin insert(c)end insertbegin insert end insertbegin insertAend insert report required by this section shall be confidential. No
31coroner, physician and surgeon, or medical examiner, nor any
32authorized agent, shall be liable for damages in any civil action as
33a result of his or her acting in compliance with this section. No
34board-certified or board-eligible pathologist, nor
any authorized
35agent, shall be liable for damages in any civil action as a result of
36his or her providing information under subdivision (a)begin insert or (b)end insert.
If the Commission on State Mandates determines that
38this act contains costs mandated by the state, reimbursement to
P3 1local agencies and school districts for those costs shall be made
2pursuant to Part 7 (commencing with Section 17500) of Division
34 of Title 2 of the Government Code.
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