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
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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