BILL NUMBER: SB 62	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 14, 2013
	AMENDED IN SENATE  APRIL 22, 2013
	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 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 additionally
 require a coroner to  make   file  a
report  with the Medical Board of California  when he or she
receives information that indicates that  a contributing
factor in a   the  cause of death is 
related to the toxicity from   due to  a Schedule
II, III, or IV  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 complete
  drug  . 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 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 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).
   (c) When a coroner receives information that is based on findings
that were reached by, or documented and approved by, a
board-certified or California licensed pathologist indicating that
 a contributing factor in  the cause of death is
 related to toxicity from   due to  a
Schedule II, III, or IV drug, a report shall be filed with the
Medical Board of California. 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, 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.
  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.