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HomeHealth and Safety CodeDiv. 10.5Pt. 1Ch. 2.5§ 11758.04 Overdose Death Reporting Requirements

§ 11758.04 Overdose Death Reporting Requirements

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 11758.04 Overdose Death Reporting Requirements

Key Takeaways

  • •If someone dies from a drug overdose, the coroner or medical examiner must report it to a special program within 5 days.
  • •Even if they're not sure yet, they must send a first report and update it later when they know more.
  • •The info can't be used to arrest or charge someone with a crime.
  • •If the coroner or medical examiner reports in good faith, they can't get in trouble for it.

Example

A person is found dead at home, and the coroner thinks it might be from taking too many pills.

The coroner must tell the Overdose Detection Mapping Program about it within 5 days, even if they're waiting for test results. Later, when tests confirm it was an overdose, they update the report. The police can't use this info to arrest the person who gave them the pills.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 11758.04 Overdose Death Reporting Requirements

(a) A coroner or medical examiner who evaluates an individual who died, in the coroner or medical examiner’s expert opinion, as the result of an overdose as a contributing factor, shall report the incident to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program. (b) The coroner or medical examiner shall make the report as soon as possible, but not later than 120 hours after examining the individual. If the cause of death is still preliminary and pending toxicology screens, the coroner or medical examiner shall report the overdose as a preliminary report, and shall update the report when the cause of death is confirmed. (c) Overdose information reported to the Overdose Detection Mapping Application Program by a coroner or medical examiner, or shared with the Overdose Detection Mapping Application Program by the Emergency Medical Services Authority, shall not be used for a criminal investigation or prosecution. (d) A person who in good faith makes a report under this section shall be immune from civil or criminal liability for making the report. (Added by Stats. 2023, Ch. 859, Sec. 3. (SB 67) Effective January 1, 2024.)

Last verified: January 23, 2026

Key Terms

Overdose Detection Mapping Application Programoverdose as a contributing factorcriminal investigation or prosecutionimmune from civil or criminal liability

Related Statutes

  • § 101655 Central Coast Hospital Authority
  • § 101656 Natividad Medical Center Governance
  • § 101657 Central Coast Hospital Definitions
  • § 101658 Central Coast Hospital Authority
  • § 101659 Employee Retention And Seniority

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 11758.04.
View Official Source