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.begin insert 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.end insert
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 thebegin delete California State Board of Pharmacyend deletebegin insert
Medical Board of Californiaend insert.begin insert The bill would also extend the time during which the coroner’s report and other information may follow the report to as soon as possible once the coroner’s final report of investigation is complete.end insert 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
5bybegin insert, end inserta board-certified orbegin delete board-eligibleend deletebegin insert California licensedend insert
6 pathologist indicating that a death may be the result of a physician
7and surgeon’s, podiatrist’s, or physician assistant’s gross
8negligence or incompetence, a report shall be filed with the Medical
9Board of California, the Osteopathic Medical Board of California,
10the California Board
of Podiatric Medicine, or the Physician
11Assistant Board. The initial report shall include the name of the
12decedent, date and place of death, attending physicians, podiatrists,
13or physician assistants, and all other relevant information available.
14The initial report shall be followed, within 90 daysbegin insert or as soon as
15possible once the coroner’s final report of investigation is
16completeend insert, by copies of the coroner’s report, autopsy protocol, and
17all other relevant information.
18(b) A report required by this section shall be confidential. No
19coroner, physician and surgeon, or medical examiner, nor any
20authorized agent, shall be liable for damages in any civil action
21as a result of his or her acting in compliance with
this section. No
22board-certified or California licensed pathologist, nor any
23authorized agent, shall be liable for damages in any civil action
24as a result of his or her providing information under subdivision
25(a) or (c).
26(b)
end delete
27begin insert(c)end insert When a coroner receives information that is based on
28findings that were reached by, or documented and approved bybegin insert,end insert a
29board-certified orbegin delete board-eligibleend deletebegin insert
California licensedend insert pathologist
30indicating thatbegin delete a death may beend deletebegin insert the cause of death is determined to
31beend insert the result of prescription drug use, a report shall be filed with
P3 1the Medical Board of Californiabegin delete, the Osteopathic Medical Board . The initial report shall includebegin insert,
2of California, the California Board of Podiatric Medicine, or the
3Physician Assistant Board, and shall also be filed with the
4California State Board of Pharmacyend delete
5when known,end insert the name of the decedent, date and place of death,
6attending physicians, podiatrists, or
physician assistants, and all
7other relevant informationbegin delete availableend deletebegin insert, including, but not limited to,
8any information available to identify the prescription drugs,
9prescribing physicians, and dispensing pharmacyend insert. The initial report
10shall be followed, within 90 daysbegin insert or as soon as possible once the
11coroner’s final report of investigation is completeend insert, by copies of
12the coroner’s report, autopsy protocol, and all other relevant
13information.
14(c) A report required by this section shall be confidential. No
15coroner, physician and surgeon, or medical examiner, nor any
16authorized agent, shall be liable for damages in any civil action as
17a result of his or her acting in compliance with this section. No
18board-certified or board-eligible pathologist, nor
any authorized
19agent, shall be liable for damages in any civil action as a result of
20his or her providing information under subdivision (a) or (b).
If the Commission on State Mandates determines that
22this act contains costs mandated by the state, reimbursement to
23local agencies and school districts for those costs shall be made
24pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.
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