BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1189 (Pan) - Postmortem examinations or autopsies: forensic pathologists ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 26, 2016 |Policy Vote: HEALTH 6 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 23, 2016 |Consultant: Brendan McCarthy | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 1189 would require a forensic autopsy to be conducted by a licensed physician and require the results of the forensic autopsy and the cause and manner of death to be determined by a licensed physician. The bill would place restrictions on who could be present for an autopsy. Fiscal Impact: Potentially significant state reimbursement costs, due to the requirement in the bill that a licensed physician determine the cause and manner of death (General Fund). By requiring a physician to determine the manner of death in cases where there is a forensic autopsy, the bill may impose additional costs on coroner's offices to have physicians review information developed by investigators and make the final determination of the manner of death. Whether the Commission on state mandates would rule that this requirement imposes a higher level of service (and is therefore reimbursable by the state) is unknown. If the Commission did rule that the bill imposes a SB 1189 (Pan) Page 1 of ? reimbursable mandate, the costs to the state could be considerable. The hourly rate to employ or contract with pathologists is significantly higher than the costs for investigators. The statewide costs to require pathologists to make the determination of the manner of death could be in the millions per year. Background: Under current law, a coroner is required to determine the cause and manner of death under certain circumstances. In a minority of deaths, coroners offices conduct a forensic autopsy to determine the cause of death. Under current practice, most coroner's offices employ or contract with forensic pathologists to conduct autopsies. When there is an autopsy, the pathologist determines the cause of death. The manner of death is determined by the coroner from the autopsy report (if there is one) and from information developed by investigators in the coroner's office. The bill would require a licensed physician to perform the autopsy and to determine both the cause and manner of death. Proposed Law: SB 1189 would require a forensic autopsy to be conducted by a licensed physician and require the results of the forensic autopsy and the cause and manner of death to be determined by a licensed physician. The bill would require that all persons in the autopsy suite have specified training and authorize certain law enforcement personnel to be in the autopsy suite, at the discretion of the pathologist. The bill would prohibit law enforcement personnel directly involved with a death related to law enforcement activity from being involved in a postmortem exam or autopsy. Staff Comments: The bill requires forensic autopsies to be conducted by a physician, whereas current law makes autopsies the responsibility of coroners. In theory, this change in law imposes a new mandate on coroners offices. Under current practice, coroners offices currently use physicians to conduct forensic autopsies, either by employing physicians directly of SB 1189 (Pan) Page 2 of ? contracting for their services. Given that the use of physicians is standard practice, it is unlikely that the Commission on State Mandates would rule that the requirement to use a physician requires a new or higher level of service by coroners offices. Therefore, it is not likely that the state would be required to reimburse local governments for those costs. The requirements in the bill regarding who is allowed to be present for an autopsy are not likely to be ruled reimbursable state mandates.The bill generally prohibits people who have not had certain training from being present for an autopsy, rather than requiring all law enforcement personnel to have such training. The Commission is not likely to rule that these requirements require a new or higher level of service from law enforcement agencies or coroners offices. Therefore, it is not likely that the state would be required to reimburse local governments for those costs. -- END --