Section 7113 Of Chapter 3. Custody, And Duty Of Interment From California Health And Safety Code >> Division 7. >> Part 1. >> Chapter 3.
7113
. A cemetery authority or licensed funeral director or a
licensed hospital or its authorized personnel may permit or assist,
and a physician may perform, an autopsy of any remains in its or his
custody if the decedent, prior to his death, authorizes an autopsy in
his will or other written instrument, or upon the receipt of a
written authorization, telegram, or a verbal authorization obtained
by telephone and recorded on tape or other recording device, from a
person representing himself to be any of the following:
(a) The surviving spouse; (b) a surviving child or parent; (c) a
surviving brother or sister; (d) any other kin or person who has
acquired the right to control the disposition of the remains; (e) a
public administrator; (f) a coroner or any other duly authorized
public officer. A cemetery authority or a licensed funeral director
or a licensed hospital or its authorized personnel is not liable for
permitting or assisting, and a physician is not liable for
performing, an autopsy pursuant to such authorization unless he or it
has actual notice that such representation is untrue at the time the
autopsy is performed. If such authorization is contained in a will,
the autopsy may be performed regardless of the validity of the will
in other respects or of the fact that the will may not be offered for
or admitted to probate until a later date.
This section shall not authorize the obtaining of a verbal
authorization by telephone and recorded on tape or other recording
device for an autopsy of a deceased person if it is made known to the
physician who is to perform the autopsy that the deceased was, at
the time of his death, a member of a religion, church, or
denomination which relies solely upon prayer for the healing of
disease.