SB546: SB546 Death Investigations; include microscopic and toxicology studies and immunization records in the investigation of a sudden and unexpected death of a child; require coroner and medical examiners

26 LC 64 0005 Senate Bill 546 By: Senators Williams of the 25th, Dolezal of the 27th, Anderson of the 24th, Harbin of the 16th and Strickland of the 42nd A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 16 of Title 45 of the Official Co de of Georgia Annotated,1 relating to death investigations, so as to require coroners and medical examiners to include2 microscopic and toxicology studies and immunization records in the investigation of a3 sudden and unexpected death of a child; to amend Code Section 3 1-12-3.1 of the Official4 Code of Georgia Annotated, relating to vaccination registry, re porting requirements,5 maintenance, and use of information, so as to allow coroners an d medical examiners to6 access vaccination records; to provide for related matters; to repeal conflicting laws; and for7 other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Article 2 of Chapter 16 of Title 45 of the Official Code of Geo rgia Annotated, relating to11 death investigations, is amended by revising Code Section 45-16 -32, relating to report of12 examination and investigation, maintenance of copies, verification of foul play by forensic13 laboratory, and transmittal of copies of reports to district attorneys, as follows:14 S. B. 546 - 1 - 26 LC 64 0005 "45-16-32.15 The medical examiner and coroner shall complete a report of eac h medical examiner's16 inquiry and coroner's investigation and shall maintain permanent records of such reports. 17 The coroner or county medical examiner may file all original reports with the clerk of the18 superior court of the county. In cases where such report indicates a suspicion of foul play,19 the medical examiner and peace officer in charge shall transmit any specimens, samples,20 or other evidence to a forensic laboratory for analysis. In cases where reports indicating21 foul play are verified by the forensic laboratory, the laboratory shall provide a completed22 lab report to the appropriate prosecuting attorney where the ac ts or events leading to the23 death occurred. In the case of an infant or child whose death is unexpected or unexplained,24 the report of each medical examiner's inquiry and coroner's inv estigation shall include25 microscopic and toxicology studies, a review of the child's imm unization and medical26 records, and any immunizations or emergency countermeasures administered to the child27 within 90 days before the child's death."28 SECTION 2.29 Code Section 31-12-3.1 of the Official Code of Georgia Annotated, relating to vaccination30 registry and reporting requirements, maintenance, and use of in formation, is amended by31 revising subsection (e) as follows;32 "(e)(1) Unless such person has opted out pursuant to paragraph (2) of this subsection,33 individually identifiable vaccination information regarding a person may be provided to34 the department by, or released by the department to:35 (A) A health department, hospital, physician, or other provider of medical services to36 the person;37 (B) A school or child care facility in which the person is enr olled if the person is 1838 years of age or younger; or39 S. B. 546 - 2 - 26 LC 64 0005 (C) The United States Department of Health and Human Services and its subsidiaries40 through a data use agreement, for the limited purpose of report ing vaccines41 administered in response to a public health emergency declared pursuant to Code42 Section 38-3-51, for the purpose of averting a serious and imminent threat to life and43 safety, so long as the United States Department of Health and Human Services and its44 subsidiaries adhere to state and federal privacy laws and so long as a person's name is45 not provided by the department; or46 (D) A coroner or medical examiner conducting an inquiry or report pursuant to Code47 Section 45-16-3248 without the consent of the person or the person's parents or guardians.49 (2) Any person or person's parent or guardian if the person is 18 years of age or younger50 may request an exemption from enrollment in the state-wide vacc ine registry. All51 persons shall be enrolled unless a specific exemption is reques ted by the person or the52 person's parent or guardian if the person is 18 years of age or younger. A parent or53 guardian may obtain and upon request to the department shall be provided with all54 individually identifiable vaccination registry information rega rding his or her child or55 ward. Except as provided otherwise by this Code section, indiv idually identifiable56 vaccination registry information shall be treated as confidential and shall not be released57 to a third party without consent of the person or the person's parent or guardian if the58 person is 18 years of age or younger."59 SECTION 3.60 All laws and parts of laws in conflict with this Act are repealed.61 S. B. 546 - 3 -