BILL NUMBER: SB 62	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2013

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 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.  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. 
   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   Medical Board of California
 .  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.  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  
California licensed  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,
podiatrists, or physician assistants, and all other relevant
information available. The initial report shall be followed, within
90 days  or as soon as possible once the coroner's final report
of investigation is complete  , by copies of the coroner's
report, autopsy protocol, and all other relevant information. 
   (b) 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 California licensed 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
(c).  
   (b) 
    (c)  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  
California licensed  pathologist indicating that  a
death may be   the cause of death is determined to 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  , when known,  the name of the
decedent, date and place of death, attending physicians, podiatrists,
or physician assistants, and all other relevant information 
available   , including, but not limited to, any
information available to identify the prescription drugs, prescribing
physicians, and dispensing pharmacy  . The initial report shall
be followed, within 90 days  or as soon as possible once the
coroner's final report of investigation is complete  , by copies
of the coroner's report, autopsy protocol, and all other relevant
information. 
   (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.