Amended in Senate April 22, 2013

Amended in Senate April 9, 2013

Senate BillNo. 62


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 indicatesbegin insert that a contributing factor inend insert abegin insert cause ofend insert deathbegin delete may be the result of prescription drug useend deletebegin insert is related to the toxicity from a Schedule II, III, or IV drug,end insert and to require the coroner to additionally file the report with the 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 billbegin delete createsend deletebegin insert would createend insert 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:

P2    1

SECTION 1.  

Section 802.5 of the Business and Professions
2Code
is amended to read:

3

802.5.  

(a) When a coroner receives information that is based
4on findings that were reached by, or documented and approved
5by, a board-certified or California licensed pathologist indicating
6that a death may be the result of a physician and surgeon’s,
7podiatrist’s, or physician assistant’s gross negligence or
8incompetence, a report shall be filed with the Medical Board of
9California, the Osteopathic Medical Board of California, the
10California Board of Podiatric Medicine, or the Physician Assistant
11Board. The initial report shall include the name of the decedent,
12date and place of death, attending physicians, podiatrists, or
13physician assistants, and all other relevant information available.
14The initial report shall be followed, within 90 days or as soon as
15possible once the coroner’s final report of investigation is complete,
16by copies of the coroner’s report, autopsy protocol, and all other
17relevant 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 as
21a 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 as
24a result of his or her providing information under subdivision (a)
25or (c).

26(c) When a coroner receives information that is based on
27findings that were reached by, or documented and approved by, a
28board-certified or California licensed pathologist indicating that
P3    1begin insert a contributing factor inend insert the cause of death isbegin delete determined to be the
2result of prescription drug useend delete
begin insert related to toxicity from a Schedule
3II, III, or IV drugend insert
, a report shall be filed with the Medical Board
4of California. The initial report shall include, when known, the
5name of the decedent, date and place of death, attending physicians,
6podiatrists, or physician assistants, and all other relevant
7information, including, but not limited to, any information available
8to identify the prescription drugs, prescribing physicians, and
9dispensing pharmacy. The initial report shall be followed, within
1090 days or as soon as possible once the coroner’s final report of
11investigation is complete, by copies of the coroner’s report, autopsy
12protocol, and all other relevant information.

13

SEC. 2.  

If the Commission on State Mandates determines that
14this act contains costs mandated by the state, reimbursement to
15local agencies and school districts for those costs shall be made
16pursuant to Part 7 (commencing with Section 17500) of Division
174 of Title 2 of the Government Code.



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