BILL NUMBER: SB 62	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 27, 2013
	AMENDED IN ASSEMBLY  JUNE 14, 2013
	AMENDED IN SENATE  APRIL 22, 2013
	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY    Senator   Price 
 Senators   Price   and Lieu 

                        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 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 file a report with the Medical
Board of California when he or she receives information that
indicates that the cause of death is due to a Schedule II, III, or IV
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  
subdivision (a)  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 the cause of death is 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.