BILL NUMBER: SB 62	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Price

                        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 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 1.  Section 802.5 of the Business and Professions Code is
amended to read:
   802.5.  (a) When a coroner receives information that is based on
findings that were reached by, or documented and approved by a
board-certified or board-eligible pathologist indicating that a death
may be the result of a physician and surgeon's, podiatrist's, or
physician assistant's gross negligence or incompetence, a report
shall be filed with the Medical Board of California, the Osteopathic
Medical Board of California, the California Board of Podiatric
Medicine, or the Physician Assistant Board. The initial report shall
include the name of the decedent, date and place of death, attending
physicians  or   ,  podiatrists  , or
physician assistants  , and all other relevant information
available. The initial report shall be followed, within 90 days, by
copies of the coroner's report, autopsy protocol, and all other
relevant information. 
   (b) When a coroner receives information that is based on findings
that were reached by, or documented and approved by a board-certified
or board-eligible pathologist indicating that a death may be the
result of prescription drug use, a report shall be filed with the
Medical Board of California, the Osteopathic Medical Board of
California, the California Board of Podiatric Medicine, or the
Physician Assistant Board, and shall also be filed with the
California State Board of Pharmacy. The initial report shall include
the name of the decedent, date and place of death, attending
physicians, podiatrists, or physician assistants, and all other
relevant information available. The initial report shall be followed,
within 90 days, by copies of the coroner's report, autopsy protocol,
and all other relevant information.  
   (b) The 
    (c)    A  report required by this
section shall be confidential. No coroner, physician and surgeon, or
medical examiner, nor any authorized agent, shall be liable for
damages in any civil action as a result of his or her acting in
compliance with this section. No board-certified or board-eligible
pathologist, nor any authorized agent, shall be liable for damages in
any civil action as a result of his or her providing information
under subdivision (a)  or (b)  .
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.