AB 1577,
as amended, Atkins. Certificates of death:begin delete transgender decedent.end deletebegin insert gender identity.end insert
Existing law establishes the State Department of Public Health under the direction of the State Public Health Officer. Existing law sets forth its powers and duties of the State Public Health Officer, including, but not limited to, designation as the State Registrar of Vital Statistics, having supervisory powers over local registrars and responsible for the uniform and thorough enforcement of provisions relating to the registration of certain vital statistics.
Existing law requires that each death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found. Existing law sets forth the persons responsible for completing the certificate of death and the required contents of the certificate, including, but not limited to, the decedent’s name, sex, and birthplace. Certain violations of these requirements are a crime.
This bill would require a person completing the certificate of death to record the decedent’sbegin delete gender as that reported byend deletebegin insert sex to reflect the decedent’s gender identity. The bill would require the decedent’s gender identity to be reported byend insert the informant, unless the person completing the certificate is presented with a legal document that memorializes the decedent’s gender transition,begin insert as specified,end insert in which case thebegin delete document would controlend deletebegin insert person completing
the certificate would be required to record the decedent’s sex as that which corresponds to the decedent’s gender identity as indicated in that documentend insert. The bill would grant immunity from liability for costs or damages arising from any claims based upon a person entering a decedent’s gender as required by this bill.
By changing the definition of existing crimes, and by increasing the responsibility of local officials, this bill would impose 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 102875 of the Health and Safety Code
2 is amended to read:
The certificate of death shall be divided into two
4sections.
5(a) The first section shall contain those items necessary to
6establish the fact of the death, including all of the following and
7those other items as the State Registrar may designate:
8(1) (A) Personal data concerning decedent including full name,
9sex, color or race, marital status, name of spouse, date of birth and
10age at death, birthplace, usual residence, and occupation and
11industry or business.
12(B) begin deleteIf the decedent’s sex was transgender, a end deletebegin insertA
end insertperson completing
13the certificate shall record the decedent’sbegin delete gender as thatend deletebegin insert sex to
14reflect the decedent’s gender identity. The decedent’s gender
15identity shall beend insert reported by the informant, unless the person
P3 1completing the certificate is presented with a legal document that
2memorializes the decedent’s gender transition, including, but not
3limited to, a birth certificate, a driver’s license, a court order
4approving a namebegin insert or genderend insert change,begin delete a social security card,end deletebegin insert a
5
passport,end insert an advanced health care directive, or proof of clinical
6 treatment for genderbegin delete transitionend deletebegin insert transition, in which case the person
7completing the certificate shall record the decedent’s sex as that
8which corresponds to the decedent’s gender identity as indicated
9in that documentend insert. In cases where the person with the right to control
10the disposition of the remains, as set forth in Section 7100, is in
11disagreement with the most recently dated document presented,
12the document memorializing the decedent’s gender transition shall
13prevail.
14(C) A person completing the death certificate in compliance
15with subparagraph (B) is not liable for any damages or costs arising
16from
claims related to the sex of the decedent as entered on the
17certificate of death.
18(2) Date of death, including month, day, and year.
19(3) Place of death.
20(4) Full name of father and birthplace of father, and full maiden
21name of mother and birthplace of mother.
22(5) Informant.
23(6) Disposition of body information including signature and
24license number of embalmer if body embalmed or name of
25embalmer if affixed by attorney-in-fact; name of funeral director,
26or person acting as such; and date and place of interment or
27removal. Notwithstanding any other provision of law to the
28contrary, an electronic
signature substitute, or some other indicator
29of authenticity, approved by the State Registrar may be used in
30lieu of the actual signature of the embalmer.
31(7) Certification and signature of attending physician and
32surgeon or certification and signature of coroner when required to
33act by law. Notwithstanding any other provision of law to the
34contrary, the person completing the portion of the certificate setting
35forth the cause of death may attest to its accuracy by use of an
36electronic signature substitute, or some other indicator of
37authenticity, approved by the State Registrar in lieu of a signature.
38(8) Date accepted for registration and signature of local
39registrar. Notwithstanding any other provision of law to the
40contrary, the local registrar may elect to use an electronic
signature
P4 1substitute, or some other indicator of authenticity, approved by
2the State Registrar in lieu of a signature.
3(b) The second section shall contain those items relating to
4medical and health data, including all of the following and other
5items as the State Registrar may designate:
6(1) Disease or conditions leading directly to death and
7antecedent causes.
8(2) Operations and major findings thereof.
9(3) Accident and injury information.
10(4) Information indicating whether the decedent was pregnant
11at the time of death, or within the year prior to the death, if known,
12as determined
by observation, autopsy, or review of the medical
13record. This paragraph shall not be interpreted to require the
14performance of a pregnancy test on a decedent, or to require a
15review of medical records in order to determine pregnancy.
No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution for certain
18costs that may be incurred by a local agency or school district
19because, in that regard, this act creates a new crime or infraction,
20eliminates a crime or infraction, or changes the penalty for a crime
21or infraction, within the meaning of Section 17556 of the
22Government Code, or changes the definition of a crime within the
23meaning of Section 6 of Article XIII B of the California
24Constitution.
25However, if the Commission on State Mandates determines that
26this act contains other costs mandated
by the state, reimbursement
27to local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.
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