BILL NUMBER: AB 1864	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cooley
   (Coauthor: Assembly Member Cooper)

                        FEBRUARY 10, 2016

   An act to amend Section 27491.41 of the Government Code, relating
to coroners.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 27491.41 of the Government Code is amended to
read:
   27491.41.  (a) For purposes of this section, "sudden infant death
syndrome" means the sudden death of any infant that is unexpected by
the history of the infant and where a thorough postmortem examination
fails to demonstrate an adequate cause of death.
   (b) The Legislature finds and declares that sudden infant death
syndrome (SIDS) is the leading cause of death for children under age
one, striking one out of every 500 children. The Legislature finds
and declares that sudden infant death syndrome is a serious problem
within the State of California, and that public interest is served by
research and study of sudden infant death  syndrome,
  syndrome  and its potential causes and
indications.
   (c) (1) To facilitate these purposes, the coroner shall, within 24
 hours,   hours  or as soon thereafter as
feasible, perform an autopsy in any case where an infant has died
suddenly and unexpectedly.
   (2) However, if the attending physician desires to certify that
the cause of death is sudden infant death syndrome, an autopsy may be
performed at the discretion of the coroner. If the coroner performs
an autopsy pursuant to this section, he or she shall also certify the
cause of death.
   (d) The autopsy shall be conducted pursuant to a standardized
protocol developed by the State Department of  Health
Services.   Public Health.  The protocol is exempt
from the procedural requirements pertaining to the adoption of
administrative rules and regulations pursuant to Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code. The protocol shall be developed
and approved by July 1, 1990.
   (e) The protocol shall be followed by all coroners throughout the
state when conducting the autopsies required by this section. The
coroner shall state on the certificate of death that sudden infant
death syndrome was the cause of death when the coroner's findings are
consistent with the definition of sudden infant death syndrome
specified in the standardized autopsy protocol. The protocol may
include requirements and standards for scene investigations,
requirements for specific data, criteria for ascertaining cause of
death based on the autopsy, and criteria for any specific tissue
sampling, and any other requirements. The protocol may also require
that specific tissue samples  must   shall 
be provided to a central tissue repository designated by the State
Department of  Health Services.  Public Health.

   (f) The State Department of  Public  Health 
Services shall establish procedures and protocols for access
by researchers to any tissues, or other materials or data authorized
by this section. Research may be conducted by any individual with a
valid scientific interest and prior approval from the State Committee
for the Protection of Human Subjects. The tissue samples, the
materials, and all data shall be subject to the confidentiality
requirements of Section 103850 of the Health and Safety Code.
   (g) The coroner may take tissue samples for research purposes from
infants who have died suddenly and unexpectedly without consent of
the responsible adult if the tissue removal is not likely to result
in any visible disfigurement.
   (h) A coroner shall not be liable for damages in a civil action
for any act or omission done in compliance with this section.
   (i) No consent of any person is required prior to undertaking the
autopsy required by this section.