BILL NUMBER: SB 62	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 10, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2013
	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

INTRODUCED BY   Senator Lieu

                        JANUARY 8, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 62, Lieu. 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, until
January 1, 2018, would additionally require a coroner, when he or she
receives information that indicates that the cause of death is due
to a Schedule II, III, or IV drug, 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. 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. By increasing the
duties of county officers, this bill would create a state-mandated
local program.
    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.
   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.
   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.


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.
   (b) 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, 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 the Medical Board of California. 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.
   (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).
   (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.
  SEC. 2.  Section 802.5 is added to the Business and Professions
Code, 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.
   (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.
  SEC. 3.  Section 2220.09 is added to the Business and Professions
Code, to read:
   2220.09.  (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.
  SEC. 4.  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.