AB 720

Under current law, coroners or medical examiners investigate certain deaths.

In a county with a population of 500,000 or more, and in any county that has

instituted a medical examiner system, a medical examiner appointed by the county

board is responsible for death investigations. In all other counties, the coroner, who

is an elected constitutional officer, is responsible for death investigations.

Reporting Deaths

Under current law, any person who has knowledge of certain deaths must

report the death to the sheriff, police chief, or medical examiner or coroner for the

locality in which the death occurred. The following types of deaths must be reported:

a death that involves unexplained, unusual, or suspicious circumstances; a homicide

or suicide; a death following an accident; a death that is due to poisoning; a death

following an abortion; a death for which a physician or spiritual advisor did not

attend the deceased within 30 days before death; and a death for which a physician

refuses to sign the death certificate or for which a physician cannot timely be

obtained to sign the medical certification that is required for a death certificate. A

sheriff or police chief who is notified of such a death must notify the coroner or

medical examiner of the death, and the coroner or medical examiner must notify the

district attorney.

This bill requires that, if a death must be reported, any person who has

knowledge of the death must report it to the coroner or medical examiner and may,

in addition, report it to a law enforcement officer.

The bill requires that a law enforcement officer, health care provider, or funeral

director who has knowledge of a death that occurs outside of a hospital, nursing

home, hospice, or physician's office and any person who discovers the body or remains

of a deceased individual outside of a hospital, nursing home, hospice, or physician's

office must report the death to the coroner or medical examiner in the county where

the death occurred or where the body or remains were located. The bill also includes

specific reporting requirements for deaths that occur in hospitals, nursing homes,

hospices, or physician's offices. First, a health care provider must report each death

that occurs in a physician's office. Second, a hospice must report deaths that occur

while a person is receiving care from hospice in accordance with the corner or medical

examiner's written policy. Third, a hospital or nursing home must report each death

that occurs at the hospital or nursing home and that did not result from a natural

disease process. Fourth, a hospital must report each death that occurs in the

emergency department of the hospital.

Currently, the penalty for failure to report a death for which reporting is

required is a fine not to exceed $1,000 or imprisonment for not more than 90 days.

The bill increases the maximum fine to $10,000 for a partnership, association,

organization, institution, or body politic or corporate that fails to report a death for

which reporting is required.