AB 1864, as introduced, Cooley. Coroners.
Existing law states that the Legislature finds and declares that sudden infant death syndrome, as defined, is the leading cause of death for children under age one. Existing law requires the coroner to, among other things, perform an autopsy, within 24 hours or as soon thereafter as feasible, in any case where an infant has died suddenly and unexpectedly.
This bill would make nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 27491.41 of the Government Code is
2amended to read:
(a) For purposes of this section, “sudden infant
4death syndrome” means the sudden death of any infant that is
5unexpected by the history of the infant and where a thorough
6postmortem examination fails to demonstrate an adequate cause
7of death.
P2 1(b) The Legislature finds and declares that sudden infant death
2syndrome (SIDS) is the leading cause of death for children under
3age one, striking one out of every 500 children. The Legislature
4finds and declares that sudden infant death syndrome is a serious
5problem within the State of California, and that public interest is
6served by research and study of sudden infant deathbegin delete syndrome,end delete
7begin insert
syndromeend insert and its potential causes and indications.
8(c) (1) To facilitate these purposes, the coroner shall, within
924begin delete hours,end deletebegin insert hoursend insert or as soon thereafter as feasible, perform an
10autopsy in any case where an infant has died suddenly and
11unexpectedly.
12(2) However, if the attending physician desires to certify that
13the cause of death is sudden infant death syndrome, an autopsy
14may be performed at the discretion of the coroner. If the coroner
15performs an autopsy pursuant to this section, he or she shall also
16certify the cause of death.
17(d) The autopsy shall be conducted
pursuant to a standardized
18protocol developed by the State Department ofbegin delete Health Services.end delete
19begin insert
Public Health.end insert The protocol is exempt from the procedural
20requirements pertaining to the adoption of administrative rules and
21regulations pursuant to Article 5 (commencing with Section 11346)
22of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
23Code. The protocol shall be developed and approved by July 1,
241990.
25(e) The protocol shall be followed by all coroners throughout
26the state when conducting the autopsies required by this section.
27The coroner shall state on the certificate of death that sudden infant
28death syndrome was the cause of death when the coroner’s findings
29are consistent with the definition of sudden infant death syndrome
30specified in the standardized autopsy protocol. The protocol may
31include requirements and standards for scene investigations,
32requirements for specific data, criteria for ascertaining cause of
33death based on the autopsy, and criteria for any specific tissue
34
sampling, and any other requirements. The protocol may also
35require that specific tissue samplesbegin delete mustend deletebegin insert shallend insert be provided to a
36central tissue repository designated by the State Department of
37begin delete Health Services.end deletebegin insert Public Health.end insert
38(f) The State Department ofbegin insert Publicend insert Healthbegin delete Servicesend delete shall
39establish procedures and protocols for access by researchers to
40any tissues, or other materials or data
authorized by this section.
P3 1Research may be conducted by any individual with a valid
2scientific interest and prior approval from the State Committee for
3the Protection of Human Subjects. The tissue samples, the
4materials, and all data shall be subject to the confidentiality
5requirements of Section 103850 of the Health and Safety Code.
6(g) The coroner may take tissue samples for research purposes
7from infants who have died suddenly and unexpectedly without
8consent of the responsible adult if the tissue removal is not likely
9to result in any visible disfigurement.
10(h) A coroner shall not be liable for damages in a civil action
11for any act or omission done in compliance with this section.
12(i) No consent of any person is required prior to undertaking
13the autopsy required by this
section.
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