HB 1807

Present law requires a death certificate for each death that occurs in this state to be filed with the office of vital records or as otherwise directed by the state registrar. Generally, the medical certification must be completed, signed, and returned to the funeral director by the physician in charge of the patient's care for the illness or condition that resulted in death, except when inquiry is required by the county medical examiner. After inquiry by a county medical examiner, present law requires t he medical examiner to enter the manner of death and file the death certificate. If a county medical examiner suspects that suicide may be a potential manner of death, then present law requires the medical examiner to consult the decedent's treating mental health professional or primary care physician, if known and reasonably able to be identified through the decedent's next of kin, prior to determination of manner of death. If the manner of death is suicide and the next of kin disagrees with the manner of death determination, then the next of kin may contact the county medical exam in er who performed the autopsy to request a meeting. At the meeting, each party must present the reasons supporting their position with respect to the manner of death. Within 30 calendar days of the meeting with the next of kin, present law requires the county medical examiner to make a written determination on the manner of death and notify the next of kin. The notification must address the next of kin's specific bas es for disagreement, inform the next of kin of their right to seek reconsideration from the office of the state chief medical examiner (OSCME), and include information on how to request the reconsideration. The notification must also inform the next of k in of their right to seek judicial review. RECONSIDERATION PROCESS Within 120 calendar days of the notification of the manner of death from the county medical examiner, present law requires the next of kin to make their request of reconsideration to the OSCME in writing. Within 15 calendar days of receiving the reconsi deration request, the OSCME must notify the county medical examiner of the reconsideration request and request all records and documentation from the county medical examiner and the next of kin. Upon receipt of the records and documentation, present law requires the state chief medical examiner to convene a peer review panel to conduct the reconsideration. The panel must consist of the state chief medical examiner and all chief medical examiner s of the regional forensic centers, except for the chief medical examiner of the regional forensic center for the region in which the autopsy was performed. Present law provides that by requesting reconsideration, the next of kin authorizes the release of any medical records, hospital records, investigative reports, or other documentary evidence of the deceased that the peer review panel deems necessary to c omplete the reconsideration. Once the members of the panel have completed the review of the records and documentation, present law requires the members to vote on a manner of death determination. The state chief medical examiner must not vote except in the event of a tie vote. A m anner of death that achieves a simple majority of all panel members prevails, at which time a reconsideration investigation is deemed complete. Present law requires the state chief medical examiner to prepare a written report of the panel's findings and decision and to detail in the report the panel's reasoning for its decision and an explanation of any additional investigation that was done. T he state chief medical examiner must send a copy of the report to the next of kin and the county medical examiner within 15 calendar days of the completion of the investigation. If the findings of a reconsideration support the original manner of death determination made by the county medical examiner, then present law authorizes the next of kin to appeal that decision to a court of competent jurisdiction. If the findings of a r econsideration support a manner of death determination other than suicide, then the state chief medical examiner must, no later than 15 calendar days after the date of the written report, amend the manner of death. Present law authorizes next of kin to terminate a reconsideration process requested at any time and for any reason by written notice to the OSCME of their intent to terminate the reconsideration. Additionally, next of kin may seek judicial review at any time during the reconsideration process following the receipt of the original death certificate by written notice to the OSCME of their intent to seek judicial review. "NEXT OF KIN"" DEFINED Under present law, ""next of kin"" means the person who has the highest priority according to a list of persons set out in present law, which includes, but is not limited to, an attorney in fact designated in a durable power of attorney for health care who is acting pursuant to a durable power of attorney; the surviving spouse; the surviving children of the decedent; the surviving siblings of the decedent; the guardian of the person of the decedent at the time of the decedent's death; and the personal repre se ntative of the estate of the decedent. This bill clarifies that in addition to the person with the highest priority as described above, a surviving parent of the decedent has the same rights and duties under present law as that person with the highest priority. DISCLOSURE OF INFORMATION Present law provides that in order to protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital records, it is unlawful for any person to permit inspection of, or to d isclose information contained in, vital records, or to copy or issue a copy of all or part of any such records, except as authorized by law or by order of a court of competent jurisdiction. For a certified copy or other copy of a death certificate contai ni ng the cause of death information specifically, such copy or certificate must not be issued except in circumstances specified in law. One such circumstance is upon specific request of the spouse, children, parents, or other next of kin of the decedent or their respective authorized representatives. This bill revises this circumstance to add the other parent of a child of the decedent if the child is under 18 and to clarify that respective authorized representative means the authorized representative of th e decedent's spouse, child, parent, other next of kin, or such other parent. ON FEBRUARY 23, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1597, AS AMENDED. AMENDMENT #1 names the bill ""April's Law of 2026."""