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CMA-Sponsored Bill Would Require Physician-Conducted Autopsies

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The California Medical Association (CMA) is sponsoring a bill (SB 1303) that would require counties with populations of 500,000 or more residents to replace the office of the coroner with an office of the medical examiner. Current law allows non-medically trained individuals to conduct autopsies, and SB 1303 would require that the medical examiner be a licensed physician and surgeon duly qualified as a specialist in pathology. SB 1303 is authored by State Senators Richard Pan, M.D., and Cathleen Galgiani.

The legislation is the result, in part, of a high-profile case in San Joaquin County. In December 2017, the county's longtime Chief Medical Examiner, Bennet Omalu, M.D., and forensic pathologist, Susan Parson, M.D., resigned over the "routine practice" of interference from Sherriff-Coroner Steve Moore. Moore, according to Dr. Omalu, regularly interfered with death investigations and used his political office to protect law enforcement officers in cases of persons who died while in custody or during arrest.

"Physicians have a unique obligation to put the patient first, and thus, they must be empowered to work independently," said CMA President Theodore M. Mazer, M.D. "Allowing non-physicians to influence the practice of medicine in any way, shape or form, puts all patients at risk. No family should have to worry about their loved one's autopsy being corrupted, and SB 1303 would restore public trust by removing the possibility of conflict of interest."

The issue of diminished public trust in the autopsy process is not new. The Santa Clara County Board of Supervisors swiftly recently voted to adopt the independent Medical Examiner model after similar allegations came to light. Nationally, California is one of the last states to make the change to a Medical Examiner system.

Drs. Parson and Omalu have stated that once the autonomy and independence of the San Joaquin County Coroner's Office can be guaranteed, they will both consider withdrawing their resignations and returning to their jobs.

"In addition to preventing the improper influence or corruption of autopsies, SB 1303 is smart and responsible policy as it only applies to the largest counties that have the resources to establish an independent medical examiner's office," said San Joaquin Medical Society (SJMS) President R. Grant Mellor, M.D. "California is facing a physician shortage, which is felt acutely in San Joaquin County, and we must retain these talented physicians and get Drs. Parson and Omalu back to work as soon as possible."

SB 1303 is also co-sponsored by the Union of American Physicians and Dentists (UAPD).