Bill Text: CA AB1577 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Certificates of death: gender identity.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2014-09-26 - Chaptered by Secretary of State - Chapter 631, Statutes of 2014. [AB1577 Detail]

Download: California-2013-AB1577-Introduced.html

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BILL NUMBER: AB 1577	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Atkins

                        JANUARY 30, 2014

   An act to amend Section 102875 of the Health and Safety Code,
relating to certificates of death.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1577, as introduced, Atkins. Certificates of death: transgender
decedent.
   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's gender as that reported by the
informant, unless the person completing the certificate is presented
with a legal document that memorializes the decedent's gender
transition, in which case the document would control. 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 1.  Section 102875 of the Health and Safety Code is amended
to read:
   102875.  The certificate of death shall be divided into two
sections.
   (a)  The first section shall contain those items necessary to
establish the fact of the death, including all of the following and
those other items as the State Registrar may designate:
   (1)   (A)    Personal data concerning decedent
including full name, sex, color or race, marital status, name of
spouse, date of birth and age at death, birthplace, usual residence,
and occupation and industry or business. 
   (B) If the decedent's sex was transgender, a person completing the
certificate shall record the decedent's gender as that reported by
the informant, unless the person completing the certificate is
presented with a legal document that memorializes the decedent's
gender transition, including, but not limited to, a birth
certificate, a driver's license, a court order approving a name
change, a social security card, an advanced health care directive, or
proof of clinical treatment for gender transition. In cases where
the person with the right to control the disposition of the remains,
as set forth in Section 7100, is in disagreement with the most
recently dated document presented, the document memorializing the
decedent's gender transition shall prevail.  
   (C) A person completing the death certificate in compliance with
subparagraph (B) is not liable for any damages or costs arising from
claims related to the sex of the decedent as entered on the
certificate of death. 
   (2)  Date of death, including month, day, and year.
   (3)  Place of death.
   (4)  Full name of father and birthplace of father, and full maiden
name of mother and birthplace of mother.
   (5)  Informant.
   (6)  Disposition of body information including signature and
license number of embalmer if body embalmed or name of embalmer if
affixed by attorney-in-fact; name of funeral director, or person
acting as such; and date and place of interment or removal.
Notwithstanding any other provision of law to the contrary, an
electronic signature substitute, or some other indicator of
authenticity, approved by the State Registrar may be used in lieu of
the actual signature of the embalmer.
   (7)  Certification and signature of attending physician and
surgeon or certification and signature of coroner when required to
act by law. Notwithstanding any other provision of law to the
contrary, the person completing the portion of the certificate
setting forth the cause of death may attest to its accuracy by use of
an electronic signature substitute, or some other indicator of
authenticity, approved by the State Registrar in lieu of a signature.

   (8)  Date accepted for registration and signature of local
registrar. Notwithstanding any other provision of law to the
contrary, the local registrar may elect to use an electronic
signature substitute, or some other indicator of authenticity,
approved by the State Registrar in lieu of a signature.
   (b)  The second section shall contain those items relating to
medical and health data, including all of the following and other
items as the State Registrar may designate:
   (1)  Disease or conditions leading directly to death and
antecedent causes.
   (2)  Operations and major findings thereof.
   (3)  Accident and injury information.
   (4)  Information indicating whether the decedent was pregnant at
the time of death, or within the year prior to the death, if known,
as determined by observation, autopsy, or review of the medical
record. This paragraph shall not be interpreted to require the
performance of a pregnancy test on a decedent, or to require a review
of medical records in order to determine pregnancy.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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.