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 wouldbegin delete expand those provisions toend deletebegin insert require the coroner’s report and other information to follow the report within 90 days or as soon as possible once the coroner’s final report of investigation is complete. The bill would additionallyend insert require a coroner
tobegin delete makeend deletebegin insert fileend insert a reportbegin insert with the Medical Board of Californiaend insert when he or she receives information that indicates thatbegin delete a contributing factor in a end deletebegin insert the end insertcause of death isbegin delete related to the toxicity fromend deletebegin insert due toend insert a Schedule II, III, or IVbegin delete drug, 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 completeend deletebegin insert
drugend insert. By increasing the duties of county officers, this bill would create 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
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).
P3 1(c) When a coroner receives information that is based on
2findings that were reached by, or documented and approved by, a
3board-certified
or California licensed pathologist indicating that
4begin delete a contributing factor inend delete the cause of death isbegin delete related to toxicity begin insert due toend insert a Schedule II, III, or IV drug, a report shall be filed
5fromend delete
6with the Medical Board of California. The initial report shall
7include, when known, the name of the decedent, date and place of
8death, attending physicians, podiatrists, or physician assistants,
9and all other relevant information, including, but not limited to,
10any information available to identify the prescription drugs,
11prescribing physicians, and dispensing pharmacy. The initial report
12shall be followed, within 90 days or as soon as possible once the
13
coroner’s final report of investigation is complete, by copies of
14the coroner’s report, autopsy protocol, and all other relevant
15information.
If the Commission on State Mandates determines that
17this act contains costs mandated by the state, reimbursement to
18local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.
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