Bill Text: CA AB1864 | 2015-2016 | Regular Session | Enrolled
Bill Title: Inquests: sudden unexplained death in childhood.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2016-09-22 - Vetoed by Governor. [AB1864 Detail]
Download: California-2015-AB1864-Enrolled.html
BILL NUMBER: AB 1864 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE AUGUST 4, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Cooley
(Coauthor: Assembly Member Cooper)
FEBRUARY 10, 2016
An act to amend Section 27491.41 of, and to add Section 27491.42
to, the Government Code, relating to inquests.
LEGISLATIVE COUNSEL'S DIGEST
AB 1864, Cooley. Inquests: sudden unexplained death in childhood.
Existing law states that the Legislature finds and declares that
sudden infant death syndrome, as defined, is the leading cause of
death for children under age one. Existing law requires the coroner
to, among other things, perform an autopsy, within 24 hours or as
soon thereafter as feasible, in any case where an infant has died
suddenly and unexpectedly.
This bill would define "sudden unexplained death in childhood" as
the sudden death of a child one year of age or older but under 18
years of age that is unexplained by the history of the child and for
which a thorough postmortem examination fails to demonstrate an
adequate cause of death. The bill would require the coroner to notify
the parent or responsible adult of a child within that definition
about the importance of taking tissue samples. The bill would also
exempt the coroner from liability for damages in a civil action for
any act or omission done in compliance with these provisions. The
bill would make other, nonsubstantive, changes.
By expanding the duties of a local agency, this bill would create
a state-mandated local program.
This bill would incorporate additional changes to Section 27491.41
of the Government Code, proposed by SB 1189, to be operative only if
SB 1189 and this bill are both chaptered and become effective on or
before January 1, 2017, and this bill is chaptered last.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27491.41 of the Government Code is amended to
read:
27491.41. (a) For purposes of this section, "sudden infant death
syndrome" means the sudden death of any infant that is unexpected by
the history of the infant and where a thorough postmortem examination
fails to demonstrate an adequate cause of death.
(b) The Legislature finds and declares that sudden infant death
syndrome, also referred to as SIDS, is the leading cause of death for
children under age one, striking one out of every 500 children. The
Legislature finds and declares that sudden infant death syndrome is a
serious problem within the State of California, and that the public
interest is served by research and study of sudden infant death
syndrome and its potential causes and indications.
(c) (1) To facilitate these purposes, the coroner shall, within 24
hours or as soon thereafter as feasible, perform an autopsy in any
case where an infant has died suddenly and unexpectedly.
(2) However, if the attending physician desires to certify that
the cause of death is sudden infant death syndrome, an autopsy may be
performed at the discretion of the coroner. If the coroner performs
an autopsy pursuant to this section, he or she shall also certify the
cause of death.
(d) The autopsy shall be conducted pursuant to a standardized
protocol developed by the State Department of Public Health. The
protocol is exempt from the procedural requirements pertaining to the
adoption of administrative rules and regulations pursuant to Article
5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code.
(e) The protocol shall be followed by all coroners throughout the
state when conducting the autopsies required by this section. The
coroner shall state on the certificate of death that sudden infant
death syndrome was the cause of death when the coroner's findings are
consistent with the definition of sudden infant death syndrome
specified in the standardized autopsy protocol. The protocol may
include requirements and standards for scene investigations,
requirements for specific data, criteria for ascertaining cause of
death based on the autopsy, and criteria for any specific tissue
sampling, and any other requirements. The protocol may also require
that specific tissue samples shall be provided to a central tissue
repository designated by the State Department of Public Health.
(f) The State Department of Public Health shall establish
procedures and protocols for access by researchers to any tissues, or
other materials or data authorized by this section. Research may be
conducted by any individual with a valid scientific interest and
prior approval from the State Committee for the Protection of Human
Subjects. The tissue samples, the materials, and all data shall be
subject to the confidentiality requirements of Section 103850 of the
Health and Safety Code.
(g) The coroner may take tissue samples for research purposes from
infants who have died suddenly and unexpectedly without consent of
the responsible adult if the tissue removal is not likely to result
in any visible disfigurement.
(h) A coroner shall not be liable for damages in a civil action
for any act or omission done in compliance with this section.
(i) Consent of any person is not required before undertaking the
autopsy required by this section.
SEC. 1.5. Section 27491.41 of the Government Code is amended to
read:
27491.41. (a) For purposes of this section, "sudden infant death
syndrome" means the sudden death of any infant that is unexpected by
the history of the infant and where a thorough postmortem examination
fails to demonstrate an adequate cause of death.
(b) The Legislature finds and declares that sudden infant death
syndrome, also referred to as SIDS, is the leading cause of death for
children under age one, striking one out of every 500 children. The
Legislature finds and declares that sudden infant death syndrome is a
serious problem within the State of California, and that the public
interest is served by research and study of sudden infant death
syndrome and its potential causes and indications.
(c) (1) To facilitate these purposes, the coroner shall, within 24
hours or as soon thereafter as feasible, cause an autopsy to be
performed in any case where an infant has died suddenly and
unexpectedly.
(2) However, if the attending licensed physician and surgeon
desires to certify that the cause of death is sudden infant death
syndrome, an autopsy may be performed at the discretion of the
coroner. If the coroner causes an autopsy to be performed pursuant to
this section, he or she shall also certify the cause of death.
(d) The autopsy shall be conducted pursuant to a standardized
protocol developed by the State Department of Public Health. The
protocol is exempt from the procedural requirements pertaining to the
adoption of administrative rules and regulations pursuant to Article
5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code.
(e) The protocol shall be followed by all coroners throughout the
state when conducting an evaluation as part of an autopsy required by
this section. The coroner shall state on the certificate of death
that sudden infant death syndrome was the cause of death when the
coroner's findings are consistent with the definition of sudden
infant death syndrome specified in the standardized autopsy protocol.
The protocol may include requirements and standards for scene
investigations, requirements for specific data, criteria for
ascertaining cause of death based on the autopsy, and criteria for
any specific tissue sampling, and any other requirements. The
protocol may also require that specific tissue samples shall be
provided to a central tissue repository designated by the State
Department of Public Health.
(f) The State Department of Public Health shall establish
procedures and protocols for access by researchers to any tissues, or
other materials or data authorized by this section. Research may be
conducted by any individual with a valid scientific interest and
prior approval from the State Committee for the Protection of Human
Subjects. The tissue samples, the materials, and all data shall be
subject to the confidentiality requirements of Section 103850 of the
Health and Safety Code.
(g) The coroner may take tissue samples for research purposes from
infants who have died suddenly and unexpectedly without consent of
the responsible adult if the tissue removal is not likely to result
in any visible disfigurement.
(h) A coroner or licensed physician and surgeon shall not be
liable for damages in a civil action for any act or omission done in
compliance with this section.
(i) Consent of any person is not required before undertaking the
autopsy required by this section.
SEC. 2. Section 27491.42 is added to the Government Code, to read:
27491.42. (a) For purposes of this article, "sudden unexplained
death in childhood" means the sudden death of a child one year of age
or older but under 18 years of age that is unexplained by the
history of the child and where a thorough postmortem examination
fails to demonstrate an adequate cause of death.
(b) The coroner shall notify the parent or responsible adult of a
child described in subdivision (a) about the importance of taking
tissue samples.
(c) A coroner shall not be liable for damages in a civil action
for any act or omission in compliance with this section.
SEC. 3. Section 1.5 of this bill incorporates amendments to
Section 27491.41 of the Government Code proposed by both this bill
and Senate Bill 1189. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2017,
(2) each bill amends Section 27491.41 of the Government Code, and (3)
this bill is enacted after Senate Bill 1189, in which case Section 1
of this bill shall not become operative.
SEC. 4. 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.
