BILL ANALYSIS Ó
SB 1189
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Date of Hearing: August 10, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1189
(Pan) - As Amended August 3, 2016
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|Policy |Public Safety |Vote:|7 - 0 |
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Urgency: No State Mandated Local Program: YesReimbursable:
Yes
SUMMARY:
This bill:
1)Provides that a forensic autopsy may only be conducted by a
licensed physician and surgeon, and the results of a forensic
autopsy may only be determined by a licensed physician and
surgeon;
2)States that the manner of death shall be determined by the
coroner or medical examiner of a county. If a forensic
autopsy is conducted by a licensed physician and surgeon, the
coroner shall consult with the physician in determining the
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cause of death;
3)Requires all persons in the autopsy suite to have current
bloodborne pathogen training and personal protective equipment
in accordance with existing law for health and safety
purposes; and
4)Provides that if an individual dies due to the involvement of
law enforcement activity, law enforcement directly involved
with the death of that individual may not be involved with any
portion of the post mortem examination, nor allowed into the
autopsy suite during the performance of the autopsy.
FISCAL EFFECT:
The Department of Consumer Affairs reports that this bill would
have no fiscal impact.
Potential minor reimbursable mandated costs, but so minor that
it is doubtful a mandate claim will be submitted.
COMMENTS:
1)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 coroners' offices employ or
contract with forensic pathologists to conduct autopsies.
When there is an autopsy, the pathologist determines the cause
of death. Nothing in statute requires a coroner's autopsy to
be performed by a physician, but most (if not all) counties
follow National Association of Medical Examiners protocals.
The manner of death is determined by the coroner from the
autopsy report (if there is one) and from information
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developed by investigators in the coroner's office. Most
counties in California have sheriff-coroner offices; some
counties, like Ventura County, have a coroner or a Medical
Examiner.
In May 2015, Ventura County relieved their medical examiner of
three years of his duties after it had come to light that in
some cases, he was not actually performing postmortem exams,
but his signature still appeared on death certificates.
According to a special report published in December 2015 by
the Ventura County Star, records show 17 postmortem exams were
performed during the ME's two-week vacation in May. A
part-time contract pathologist was listed as the pathologist
on 13 of the death certificates and the ME's name was on four.
Those four died, received postmortem exams, and their bodies
were released for burial or cremation before the ME returned
from his vacation, but their death certificates show that he
certified the cause of death for three of the men.
2)Purpose. This bill requires a licensed physician to perform
the autopsy and to determine both the cause and manner of
death. According to the author, "autopsy reports are
valuable documents that should be accurate and unbiased. A
medically trained physician or surgeon, particularly one
trained in forensic pathology, is best equipped to determine
the cause of death and provide an accurate report. Clarifying
that a medically-trained professional should be the one who
conducts the autopsy also leaves out ambiguities in current
law. Equally important is the safety of the coroners and
others in the autopsy room. By requiring all personnel to wear
protective gear and to get proper training in blood borne
pathogens, health risks and contamination of the results are
significantly reduced. SB 1189 ensures that coroners are
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protected and able to conduct precise autopsy reports."
3)Support. The Union of American Physicians and Dentists
writes, "Elected officials lack the medical expertise
necessary to perform a postmortem examination to the same
degree as a forensic pathologist, and this bill seeks to add
further legitimacy and authority to death investigations in
coroner cases.
4)Opposition. The California State Sheriffs' Association (CSSA)
writes that "limiting law enforcement access to an autopsy
suite causes significant issues especially because many
autopsies are conducted because the death is potentially the
result of a criminal act. CSSA states that in such a case, the
body being examined is, and/or contains evidence, and the
presence of law enforcement is crucial to maintain care and
custody of that evidence. CSSA contends that while a
physician generally determines the cause of death, the manner
of death is a determination often made by the coroner in
concert with other individuals, including the pathologist, and
the coroner's role in making this determination should not be
removed."
SB 1189
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Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081