SB 1189, as amended, Pan. Postmortem examinations or autopsies: forensic pathologists.
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 a postmortem examination or autopsy conducted at the discretion of a coroner, medical examiner, or other agency upon 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 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.
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.
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.
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.
By imposing additional duties upon local officials and law enforcement agencies, this bill would create a state-mandated local program.
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 27522 is added to the Government Code,
2to read:
(a) The results of a postmortem examination or autopsy
4and the cause and manner of death shall be determined by a
P3 1licensed physician and surgeon who is a forensic pathologist,
2preferably a diplomat of the American Board of Pathology.
3(b) For begin deletethe end deletepurposes of this section, a postmortem examination
4or autopsy includes, but is not limited to, the following items, if
5physically feasible:
6(1) Procedures described in subdivision (b) of Section 27521.
7(2) An
analysis of the blood, vitreous fluid, urine, bile, stomach
8contents, other tissues or bodily fluids, or organs of the body.
9(3) The examination or removal, or both, of the internal organs
10of the body.
11(4) The retention of any organs or tissues of the body as part of
12the investigation of the death.
13(5) Any laboratory analysis, chemical testing, or imaging
14performed as part of the investigation of the death.
15(c) If a patient is admitted to a hospital with a life-threatening
16injury, or is under the influence of an intoxicating substance, as
17determined by the attending physician at the hospital, or was in
18the custody of a law enforcement agency within
24 hours of
19admission to the hospital, blood and urine specimens collected
20from the patient at the time of admission shall be retained until the
21patient is discharged from the hospital. If the patient dies prior to
22discharge, the specimens shall be released to the coroner.
23(d) For health and safety purposes, all persons in the autopsy
24suite shall have current bloodborne pathogen training and personal
25protective equipment in accordance with the requirements described
26in Section 5193 of Title 8 of the California Code of Regulations
27or its successor.
28(e) (1) Police and other law enforcement personnel who have
29completed training as described in subdivision (d) may be allowed
30into the autopsy suite at the discretion of the forensic pathologist.
31(2) Notwithstanding paragraph (1), if an individual dies incident
32to law enforcement activity, law enforcement personnel directly
33involved with the care and custody of that individual shall not be
34inside the autopsy suite during the performance of the autopsy.
35(f) Any police reports, crime scene or other information, videos,
36or laboratory tests that are in the possession of law enforcement
37and are related to a death that is incident to law enforcement
38activity shall be made available to the forensic pathologist prior
39to the completion of the investigation of the death.
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
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