California Senate Bill SB62 Amended / Bill

 BILL NUMBER: SB 62AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 27, 2013 AMENDED IN ASSEMBLY JUNE 14, 2013 AMENDED IN SENATE APRIL 22, 2013 AMENDED IN SENATE APRIL 9, 2013 INTRODUCED BY  Senator   Price   Senators   Price   and Lieu  JANUARY 8, 2013 An act to amend Section 802.5 of the Business and Professions Code, relating to coroners. LEGISLATIVE COUNSEL'S DIGEST SB 62, as amended, Price. Coroners: reporting requirements: prescription drug use. Existing law requires a coroner to make a report, as specified, when he or she receives information that indicates that a death may be the result of a physician and surgeon's, podiatrist's, or physician assistant's gross negligence or incompetence. Existing law requires the report to be followed, within 90 days, by copies of the coroner's report, autopsy protocol, and all other relevant information. This bill would require the coroner's report and other information to follow the report within 90 days or as soon as possible once the coroner's final report of investigation is complete. The bill would additionally require a coroner to file a report with the Medical Board of California when he or she receives information that indicates that the cause of death is due to a Schedule II, III, or IV drug. By increasing the duties of county officers, 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 1. Section 802.5 of the Business and Professions Code is amended to read: 802.5. (a) When a coroner receives information that is based on findings that were reached by, or documented and approved by, a  board-certified or California licensed  pathologist indicating that a death may be the result of a physician and surgeon' s, podiatrist's, or physician assistant's gross negligence or incompetence, a report shall be filed with the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, or the Physician Assistant Board. The initial report shall include the name of the decedent, date and place of death, attending physicians, podiatrists, or physician assistants, and all other relevant information available. The initial report shall be followed, within 90 days or as soon as possible once the coroner's final report of investigation is complete, by copies of the coroner's report, autopsy protocol, and all other relevant information. (b) A report required by  this section   subdivision (a)  shall be confidential. No coroner, physician and surgeon, or medical examiner, nor any authorized agent, shall be liable for damages in any civil action as a result of his or her acting in compliance with this section. No  board-certified or California licensed  pathologist, nor any authorized agent, shall be liable for damages in any civil action as a result of his or her providing information under subdivision (a)  or (c)  . (c) When a coroner receives information that is based on findings that were reached by, or documented and approved by, a  board-certified or California licensed  pathologist indicating that the cause of death is due to a Schedule II, III, or IV drug, a report shall be filed with the Medical Board of California. The initial report shall include, when known, the name of the decedent, date and place of death, attending physicians, podiatrists, or physician assistants, and all other relevant information, including, but not limited to, any information available to identify the prescription drugs, prescribing physicians, and dispensing pharmacy. The initial report shall be followed, within 90 days or as soon as possible once the coroner's final report of investigation is complete, by copies of the coroner's report, autopsy protocol, and all other relevant information. 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.