Amended in Senate March 28, 2016

Senate Bill No. 1189

Introduced by Senator Pan

February 18, 2016

An act to add Section 27522 to the Government Code, relating to begin delete coroners. end delete begin insert autopsies. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1189, as amended, Pan. begin delete Coroners: oversight of examinations. end delete begin insert Postmortem examinations or autopsies: forensic pathologists. end insert

Existing law requires a county coroner to inquire into and determine the circumstances, manner, and cause of certain deaths. Existing law either requires or authorizes a county coroner, under certain circumstances, to perform, or cause to be performed, an autopsy on a decedent. Existing law imposes certain requirements on begin delete a coroner conducting end delete a postmortem examination or autopsy begin delete on end delete begin insert conducted at the discretion of a coroner, medical examiner, or other agency upon end insert an unidentified body or human remains.

Existing law authorizes the board of supervisors of a county to consolidate the duties of certain county offices in one or more of specified combinations, including, but not limited to, sheriff and coroner, district attorney and coroner, and public administrator and coroner. Existing law authorizes the board of supervisors of a county to abolish the office of coroner and provide instead for the office of medical examiner, as specified, and requires the medical examiner to be a licensed physician and surgeon duly qualified as a specialist in pathology.

This bill would require that the results of a postmortem examination or begin delete autopsy conducted by a coroner or deputy coroner be subject to review and signed approval by a licensed physician and surgeon who is duly qualified as a specialist in pathology. If the coroner and pathologist disagree about a cause of death, this bill would require that the cause of death be subject to review and signed approval by a separate qualified pathologist. This bill would authorize a coroner who is a qualified pathologist to review and approve his or her own postmortem examination or autopsy. By imposing additional duties upon local officials, this bill would create a state-mandated local program. end delete begin insert autopsy, as specified, and the cause and manner of death be determined by a licensed physician and surgeon who is a forensic pathologist, preferably a diplomat of the American Board of Pathology. end insert

begin insert

This bill would also require blood and urine specimens collected from a patient at the time of admission to a hospital, if the patient is admitted under specified circumstances, to be retained until the patient is discharged from the hospital. The bill would require the specimens to be released to the coroner if the patient dies prior to discharge.

end insert begin insert

This bill would require, for health and safety purposes, that all persons in the autopsy suite have current bloodborne pathogen training and personal protective equipment, as specified. The bill would provide that police and other law enforcement personnel who have completed the specified training may be allowed into the autopsy suite at the discretion of the forensic pathologist, but would prohibit law enforcement personnel directly involved with the care and custody of an individual who died incident to law enforcement activity from being inside the autopsy suite during the performance of the autopsy.

end insert begin insert

This bill would require specified materials that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity to be made available to the forensic pathologist prior to the completion of the investigation of the death.

end insert begin insert

By imposing additional duties upon local officials and law enforcement agencies, this bill would create a state-mandated local program.

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 27522 is added to the Government Code,
to read:

27522.  

(a) The results of a postmortem examination or autopsy
begin delete conducted by a coroner or deputy coroner are subject to review
and signed approval end delete begin insert and the cause and manner of death shall be
determined end insert by a licensed physician and surgeon who is begin delete duly
qualified as a specialist in pathology. end delete begin insert a forensic pathologist,
preferably a diplomat of the American Board of Pathology. end insert

(b)  begin delete The results of any of the following items are subject to
review and signed approval pursuant to subdivision (a): end delete begin insert For the
purposes of this section, a postmortem examination or autopsy
includes, but is not limited to, the following items, if physically
feasible: end insert

(1) Procedures described in subdivision (b) of Section 27521.

(2) An analysis of the begin delete stomach, stomach contents, other organs, end delete
blood, begin insert vitreous fluid, end insert urine, begin insert bile, stomach contents, end insert other begin delete fluids,
or tissues of the body. end delete begin insert tissues or bodily fluids, or organs of the
body. end insert

begin delete

(3) Other chemical testing associated with inquiry into the
circumstances, manner, and cause of death.

end delete begin delete

(c) The pathologist, as defined in subdivision (a), may conduct
his or her own analysis and include the results in the postmortem
examination or autopsy report. If the coroner and pathologist
disagree about a cause of death, the cause of death is subject to
review and signed approval by a separate qualified pathologist, as
defined in subdivision (a). The second pathologist may conduct
his or her own analysis and include the results in the same report.

(d) A coroner who is a qualified pathologist may review and
approve his or her own postmortem examination or autopsy.

end delete begin insert

(3) The examination or removal, or both, of the internal organs
of the body.

end insert begin insert

(4) The retention of any organs or tissues of the body as part
of the investigation of the death.

end insert begin insert

(5) Any laboratory analysis, chemical testing, or imaging
performed as part of the investigation of the death.

end insert begin insert

(c) If a patient is admitted to a hospital with a life-threatening
injury, or is under the influence of an intoxicating substance, as
determined by the attending physician at the hospital, or was in
the custody of a law enforcement agency within 24 hours of
admission to the hospital, blood and urine specimens collected
from the patient at the time of admission shall be retained until
the patient is discharged from the hospital. If the patient dies prior
to discharge, the specimens shall be released to the coroner.

end insert begin insert

(d) For health and safety purposes, all persons in the autopsy
suite shall have current bloodborne pathogen training and personal
protective equipment in accordance with the requirements
described in Section 5193 of Title 8 of the California Code of
Regulations or its successor.

end insert begin insert

(e) (1) Police and other law enforcement personnel who have
completed training as described in subdivision (d) may be allowed
into the autopsy suite at the discretion of the forensic pathologist.

end insert begin insert

(2) Notwithstanding paragraph (1), if an individual dies incident
to law enforcement activity, law enforcement personnel directly
involved with the care and custody of that individual shall not be
inside the autopsy suite during the performance of the autopsy.

end insert begin insert

(f) Any police reports, crime scene or other information, videos,
or laboratory tests that are in the possession of law enforcement
and are related to a death that is incident to law enforcement
activity shall be made available to the forensic pathologist prior
to the completion of the investigation of the death.

end insert

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.