Amended in Assembly September 3, 2013

Amended in Assembly June 27, 2013

Amended in Assembly June 14, 2013

Amended in Senate April 22, 2013

Amended in Senate April 9, 2013

Senate Bill No. 62

Introduced by begin delete Senators Price and Lieu end delete begin insert Senator Lieu end insert

January 8, 2013

An act to amend begin insert , repeal, and add end insert Section 802.5 of begin insert , and to add and repeal Section 2220.09 of, end insert the Business and Professions Code, relating to coroners.

LEGISLATIVE COUNSEL’S DIGEST

SB 62, as amended, begin delete Price end delete   begin insert Lieu end insert . 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 begin insert , until January 1, 2018, end insert would additionally require a begin delete coroner to file a report with the Medical Board of California end delete begin insert coroner, end insert when he or she receives information that indicates that the cause of death is due to a Schedule II, III, or IV drug begin insert , to provide that information, including whether the decedent was undergoing treatment for a terminal illness or chronic condition, if known, to the Medical Board of California on a form provided by the board and developed in consultation with the California State Coroners’ Association end insert . begin insert The bill would require that this form be submitted within 90 days, or as soon as possible, once the coroner’s investigation is complete, and would provide that this form is confidential. end insert By increasing the duties of county officers, this bill would create a state-mandated local program.

begin insert

Existing law requires that any complaint against a physician and surgeon that is determined to involve quality of care meet certain criteria before it is referred to a field office for further investigation, except as specified.

end insert begin insert

This bill, until January 1, 2018, would require that any information received from a coroner pursuant to the provisions of this bill, that may be treated as a complaint against a physician and surgeon and may be determined to involve quality of care, meet these criteria before referral to a field office for further investigation.

end insert

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 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.

begin delete

(b) A report required by 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
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).

end delete begin delete

(c)

end delete

begin insert (b) end insert  When a coroner receives information that is based on
findings that were reached by, or documented and approved by, a
pathologist indicating that the cause of death is due to a Schedule
II, III, or IV drug, begin delete a report shall be filed with end delete begin insert the information
regarding the death of the decedent, including whether the decedent
was undergoing treatment for a terminal illness or chronic
condition, if known, shall be provided by the coroner to end insert the Medical
Board of California. begin delete 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. end delete begin insert The
information shall be submitted on a form provided by the board,
which shall be developed in consultation with the California State
Coroners’ Association. The form shall be submitted within 90 days,
or as soon as possible, once the coroner’s investigation is complete.
The form may be submitted electronically. end insert

begin insert

(c) A report required by subdivision (a), and the form provided
by the coroner pursuant to subdivision (b), 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 subdivision (a)
or (b). No 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).

end insert begin insert

(d) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 802.5 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 802.5. end insert   

(a) When a coroner receives information that is based
on findings that were reached by, or documented and approved
by, a 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 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 subdivision (a).
No 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).

(c) This section shall be operative on January 1, 2018.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 2220.09 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 2220.09. end insert   

(a) In the case of information received from a coroner
pursuant to subdivision (b) of Section 802.5 that may be treated
as a complaint and may be determined to involve quality of care,
the board shall follow the criteria provided in Section 2220.08 for
the information that involves quality of care before referral to a
field office for further investigation.

(b) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

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.