RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION REGARDING NOTIFICATION OF NEXT-OF-KIN AND

CONSENT WHEN REMOVAL OF ORGANS OR OTHER TISSUE

IS ANTICIPATED DURING AUTOPSY

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, the Coroner of the County of San Mateo is authorized by Government Code section 27491 and 27491.4 to conduct autopsies to determine cause of death, and to remove organs and other tissue as may be necessary during autopsy in order to assist in the determination of cause of death; and

WHEREAS, State law does not currently require the Coroner to notify the next-of-kin when removal of organs or other tissue may be required during conduct of an autopsy; and

WHEREAS, State law does not currently include a process for return of removed organs or other tissue when retention by the Coroner is no longer required to determine the cause of death or to verify the Coroner’s findings in that regard; and

WHEREAS, two families were informed in 2006, after interment, that tissue had been retained from two autopsies performed by the San Mateo County Coroner, including, in one case, an organ removed during the autopsy; and,

WHEREAS, these autopsies have demonstrated the need for a County process for notification and offer of return of organs to the next-of-kin, when no longer required by the Coroner to fulfill his duties, and for consent should an organ be retained for reasons unrelated to the determination of cause of death;

WHEREAS, the San Mateo County Coroner has developed a written policy, a copy of which is attached, requiring notification of next-of-kin when removal of organs may be necessary, and will further establish a process for coordination with next-of-kin for the disposition of such organs when no longer needed by the Coroner to fulfill his duties; and,

WHEREAS, the San Mateo County Coroner has stated that his office will only retain organs and other tissue as needed to determine the cause of death as required by law; and,

WHEREAS, the Board of Supervisors, under the provisions of Government Code section 25303, has general authority to ensure that all County officers faithfully perform their duties, and the Coroner has a legal obligation to conduct autopsies pursuant to Government Code Section 27491 and Government Code Section 27491.4; and,

WHEREAS, the Board of Supervisors and the people of San Mateo County have an abiding interest in ensuring that the Coroner’s written policy of notification and return of organs is faithfully implemented;

NOW THEREFORE, this Board resolves and orders as follows:

1.

That the Coroner is hereby strongly encouraged to implement and faithfully administer the Coroner’s written policy regarding notification of next-of-kin when removal and retention of organs may be required to conclude investigation into cause of death, and is strongly encouraged to return organs to the next-of-kin for disposition as quickly and as easily as possible when retention is no longer required to determine the cause of death or otherwise required by law.

2.

That the Coroner is hereby strongly encouraged to never retain organs or other tissue for scientific investigation or training unrelated to determining the cause of death.

3.

That the Board does hereby strongly encourage the Coroner to seek the consent of the next-of-kin if the Coroner wishes to retain organs or other tissue for scientific investigation or training purposes unrelated to determining the cause of death.

4.

That the Board acknowledges that obtaining samples of blood and tissue may be needed in every investigation required by law, but requests that the Coroner not remove and retain more than necessary to fully implement the Coroner’s duties under law.

5.

That the Coroner is strongly encouraged to conduct formal training of Coroner’s employees to ensure that the written policy is implemented and administered with sensitivity and due consideration for the sense of loss experienced by the next-of-kin, as well as to ensure that differences of beliefs regarding the retention of organs or other tissue are understood by Coroner’s employees.

6.

That the Coroner is strongly encouraged to report back to the Board in six months, one year and two years from passage of the date of this resolution on the implementation of the policy, including:

a)

Information demonstrating the number of organs retained by the Coroner’s office and the number of times notifications and offers of return were made to next-of-kin;

b)

Information to the degree that it may be determined in a sensitive manner, demonstrating the percentage of next-of-kin who felt that notification was done appropriately by Coroner’s office employees, as well as the percentage of next-of-kin notified who would have preferred not to know that organs and other tissue were being retained;

c)

Any other information the Coroner believes would inform the Board about the sensitivity and effectiveness of next-of-kin notification and offers of return.

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