SENIOR ASSEMBLY PROPOSAL MO. 27

INTRODUCED BY ASSEMBLY MEMBER WIECK

(COAUTHOR:  ASSEMBLY MEMBER WOODS)

 

LEGISLATIVE COUNSEL'S DIGEST

AP 27:  AUTOPSY BROCHURES.

UNDER EXISTING LAW, A CORONER IS REQUIRED TO CONDUCT AN INQUIRY INTO, AND DETERMINE THE CIRCUMSTANCES, MANNER, AND CAUSE OF ALL DEATHS OF PATIENTS IN STATE HOSPITALS.  EXISTING LAW AUTHORIZES, AND IN CERTAIN OTHER CASES REQUIRES, A CORONER TO MAKE, OR CAUSE TO BE MADE, AN AUTOPSY IN ORDER TO ASCERTAIN THE CAUSE OF DEATH.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE APPROPRIATE STATE AGENCY OR AGENCIES TO PRODUCE AND DISTRIBUTE EDUCATIONAL BROCHURES FOR PLACEMENT IN NURSING HOMES, CONVALESCENT HOSPITALS, FACILITIES FOR THE TREATMENT OF THOSE WITH MENTAL ILLNESS, AND GENERAL HOSPITALS TO INFORM THE PUBLIC OF HOW AND WHERE TO OBTAIN AUTOPSIES.

VOTE:  MAJORITY.

 

AP 27:  RELATING TO AUTOPSY BROCHURES

WHEREAS, IN THE 1970s, 50 PERCENT OF ALL DEATHS WERE AUTOPSIED, BUT CURRENTLY ONLY 2 TO 5 PERCENT OF ALL DEATHS ARE AUTOPSIED; AND

WHEREAS, MANY HOSPITALS OFFER AUTOPSIES BY STAFF PATHOLOGISTS AT NO CHARGE AND INCLUDE THE RESULTS IN THEIR QUALITY CONTROL REPORTS BUT THESE PATHOLOGISTS RARELY CITE HOSPITAL ERROR AS THE CAUSE OF DEATH; AND

WHEREAS, NURSING HOMES OFTEN HAVE THE BODY OF THE DECEASED QUICKLY EMBALMED AND ALSO DISCOURAGE THE DECEASED'S FAMILY MEMBERS FROM PURSUING AN AUTOPSY; AND

WHEREAS, MANY NURSING HOMES CONTRACT WITH A LOCAL INDEPENDENT CONTRACTOR FOR AUTOPSIES THAT ARE LIKELY TO BE BIASED IN FAVOR OF THE NURSING HOME; AND

WHEREAS, THE GENERAL PUBLIC SHOULD KNOW ITS RIGHTS REGARDING AUTOPSIES BECAUSE THERE HAS BEEN AN INCREASE IN ADULT ABUSE IN NURSING HOMES; AND

WHEREAS, PRIVATE AUTOPSIES ARE AVAILABLE AT A COST RANGING FROM $1,800 TO $5,000, AND ARE EASIER TO OBTAIN THAN ONES FROM COUNTY CORONERS WHO CHARGE MORE AND DEMAND MORE DOCUMENTATION; AND

WHEREAS, FAMILIES HAVE THE RIGHT TO KNOW IF THEIR LOVED ONES DIED OF A GENETIC DISEASE, MEDICAL MALPRACTICE, OVERMEDICATION, WRONG MEDICATION, OR ABUSE; AND

WHEREAS, ONE OF THE WAYS THAT HISTORIANS MEASURE CIVILIZATION IS BY THE WAY SOCIETY TREATS ITS DEAD, AND FUTURE GENERATIONS NEED TO KNOW THE REASONS WHY THIS GENERATION IS DYING; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2002 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE APPROPRIATE STATE AGENCY OR AGENCIES PRODUCE AND DISTRIBUTE EDUCATIONAL BROCHURES FOR PLACEMENT IN NURSING HOMES, CONVALESCENT HOSPITALS, FACILITIES FOR THE TREATMENT OF THOSE WITH MENTAL ILLNESS, AND GENERAL HOSPITALS TO INFORM THE PUBLIC OF HOW AND WHERE TO OBTAIN AUTOPSIES; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION WHICH WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

 

RN0215038

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