California 2015 2015-2016 Regular Session

California Senate Bill SB1189 Introduced / Bill

Filed 02/18/2016

 BILL NUMBER: SB 1189INTRODUCED BILL TEXT INTRODUCED BY Senator Pan FEBRUARY 18, 2016 An act to add Section 27522 to the Government Code, relating to coroners. LEGISLATIVE COUNSEL'S DIGEST SB 1189, as introduced, Pan. Coroners: oversight of examinations. 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 coroner conducting a postmortem examination or autopsy on 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 conducted by a coroner or deputy coroner be subject to review and signed approval by a licensed physician and surgeon who is duly qualified as a specialist in pathology. If the coroner and pathologist disagree about a cause of death, this bill would require that the cause of death be subject to review and signed approval by a separate qualified pathologist. This bill would authorize a coroner who is a qualified pathologist to review and approve his or her own postmortem examination or autopsy. By imposing additional duties upon local officials, 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 27522 is added to the Government Code, to read: 27522. (a) The results of a postmortem examination or autopsy conducted by a coroner or deputy coroner are subject to review and signed approval by a licensed physician and surgeon who is duly qualified as a specialist in pathology. (b) The results of any of the following items are subject to review and signed approval pursuant to subdivision (a): (1) Procedures described in subdivision (b) of Section 27521. (2) An analysis of the stomach, stomach contents, other organs, blood, urine, other fluids, or tissues of the body. (3) Other chemical testing associated with inquiry into the circumstances, manner, and cause of death. (c) The pathologist, as defined in subdivision (a), may conduct his or her own analysis and include the results in the postmortem examination or autopsy report. If the coroner and pathologist disagree about a cause of death, the cause of death is subject to review and signed approval by a separate qualified pathologist, as defined in subdivision (a). The second pathologist may conduct his or her own analysis and include the results in the same report. (d) A coroner who is a qualified pathologist may review and approve his or her own postmortem examination or autopsy. 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.