PRINTER'S NO. 1400
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1308
Session of
2021
INTRODUCED BY SCHLOSSBERG, FREEMAN, GUENST, HILL-EVANS,
HOHENSTEIN, HOWARD, KENYATTA, MADDEN, SAMUELSON AND SANCHEZ,
APRIL 30, 2021
REFERRED TO COMMITTEE ON HUMAN SERVICES, APRIL 30, 2021
AN ACT
Providing for establishment of overdose fatality review teams,
for duties of Department of Health, for confidentiality of
overdose fatality review team records and criminal and civil
liability protections.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Overdose
Fatality Review Act.
Section 2. Declaration of purpose.
The General Assembly finds and declares that the purpose of
this act is to authorize local communities to establish overdose
fatality review teams as multidisciplinary teams assembled to
conduct confidential reviews of overdose death cases in
compliance with all applicable Federal and State laws regarding
confidentiality.
Section 3. Definitions.
The following words and phrases when used in this act shall
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have the meanings given to them in this section unless the
context clearly indicates otherwise:
"County." A county of the first class, second class, second
class A, third class, fourth class, fifth class, sixth class,
seventh class and eighth class.
"Deceased individual." An individual who died from a drug
overdose event.
"Department." The Department of Health of the Commonwealth.
"Local department of health." Any of the following:
(1) A local department of health established by a
municipality.
(2) A single-county department of health or joint-county
department of health established under the act of August 24,
1951 (P.L.1304, No.315), known as the Local Health
Administration Law.
"Municipality." A county, city, borough, incorporated town
or township.
"Overdose." A drug or alcohol overdose.
"Overdose fatality review team." An overdose fatality review
team established under section 4(a).
Section 4. Establishment of overdose fatality review teams.
(a) Establishment.--A local department of health shall
establish an overdose fatality review team for the purposes
specified under this act. The overdose fatality review team
shall consist of the following individuals selected by the local
department of health:
(1) An individual licensed as a physician or an
osteopathic physician who practices as a psychiatrist.
(2) An individual licensed as a psychologist.
(3) A county coroner or medical examiner.
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(4) A health care provider who specializes in the
prevention, diagnosis and treatment of substance abuse
disorders.
(5) A local behavioral health director or designee.
(6) A local representative of an emergency medical
services provider.
(7) An individual with a background in prescription drug
misuse and diversion.
(8) An individual who is a member of the education
community with experience related to existing and potential
substance abuse disorders and overdose prevention efforts for
students in primary and secondary schools.
(9) An individual who is a member of the law enforcement
community with experience related to existing and potential
substance abuse disorders and overdose prevention efforts for
individuals who are involved with the law enforcement system.
(10) A representative of an organization that advocates
for individuals with substance abuse disorders and their
family members.
(11) Any other individual deemed necessary by the local
department of heath to administer the overdose fatality
review team's duties under this act, including an individual
with experience and knowledge regarding health, social
services, law enforcement, education, emergency medicine,
mental health, juvenile delinquency, adult and juvenile
probation or drug and alcohol abuse.
(b) Duties.--An overdose fatality review team shall have all
of the following duties:
(1) Upon receipt of a report of an overdose death that
has been forwarded to the overdose fatality review team,
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conduct a multidisciplinary review of all available
information on the deceased individual.
(2) Establish policies and procedures for pooling all
available information on overdose deaths from State, county
and local agencies, law enforcement and private entities that
comply with all applicable Federal and State laws regarding
confidentiality.
(3) Identify points of contact between the deceased
individual and health care systems, social services systems,
criminal justice systems and other systems involved with the
deceased individual.
(4) Identify the risk factors that put individuals at
risk for an overdose within the overdose fatality review
team's jurisdiction.
(5) Promote cooperation and coordination across State,
county and local agencies involved in overdose
investigations.
(6) Recommend improvements in sources of information
relating to investigating reported overdose deaths, including
standards for the uniform and consistent reporting of
overdose deaths by law enforcement or other emergency service
responders within the overdose fatality review team's
jurisdiction.
(7) Recommend improvements to State laws and local
partnerships, policies and practices to prevent overdose
deaths.
(c) Chair, vacancies and meetings.--An overdose fatality
review team shall select a chair by a majority vote of a quorum
of the overdose fatality review team's members. A majority of
the overdose fatality review team's members shall constitute a
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quorum. The overdose fatality review team shall meet at least
quarterly to conduct business and review overdose fatality cases
transmitted to the overdose fatality review team. A vacancy in
the overdose fatality review team shall be filled in accordance
with subsection (a).
(d) Interviews.--If an overdose fatality review team opts to
contact a family member or caregiver of the deceased individual
to conduct an interview with the family member or caregiver, the
overdose fatality review team shall develop protocols for
initiating the contact and conducting the interview. The
protocols shall be based on trauma-informed care principles and
address all of the following:
(1) The overdose fatality review team's collection, use
and disclosure of information and records to the family
member or caregiver.
(2) Providing notice to the family member or caregiver
that the interview is voluntary.
(3) Ensuring that information attained from the
interview is confidential.
(e) Annual report.--An overdose fatality review team shall
summarize and share priority recommendations and aggregated,
nonindividually identifiable findings in an annual report. A
local department of health shall publish the annual report under
this subsection on the local department of health's publicly
accessible Internet website for use by staff for a variety of
purposes, including evaluations, policy considerations and
health care program enhancements. The annual report under this
section shall comply with confidentiality requirements under
section 6(b).
Section 5. Duties of department.
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The department, in collaboration with the Department of Drug
and Alcohol Programs, shall have all of the following duties:
(1) Assist in collecting the reports of an overdose
fatality review team.
(2) Provide technical assistance to an overdose fatality
review team in conducting overdose death reviews.
(3) Facilitate communication among overdose fatality
review teams.
(4) Transmit available information to an appropriate
overdose fatality review team regarding an overdose death in
the overdose fatality review team's jurisdiction, including
all of the following information:
(i) The deceased individual's age, race, gender,
county of residence and county of death.
(ii) The date, manner, cause and specific
circumstances of the overdose death as recorded on the
deceased individual's completed death certificate.
(5) Provide an overdose fatality review team access to
all of the following:
(i) Information and records maintained by a health
care provider related to the deceased individual's
physical health, mental health and substance abuse
disorder treatment.
(ii) Any relevant information and records maintained
by a State or local agency, including any of the
following:
(A) The deceased individual's criminal history
records and records of probation and parole if the
transmission of the records does not affect an
ongoing criminal investigation.
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(B) The deceased individual's access to various
lethal means, social service records, school records
and educational histories and coroner or medical
examiner records, including autopsy and toxicology
reports.
(6) Promulgate regulations necessary to implement this
act.
Section 6. Confidentiality of overdose fatality review team
records.
(a) Meetings.--An overdose fatality review team meeting
shall be closed to the public and information discussed at the
meeting shall be deemed confidential.
(b) Records.--The proceedings, records and opinions reviewed
by an overdose fatality review team shall remain confidential
and may not be disclosed under the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law. The proceedings,
records and opinions of an overdose fatality review team shall
be confidential and may not be subject to discovery, subpoena or
introduction into evidence in a criminal or civil proceeding. A
member of an overdose fatality review team may not be questioned
in a criminal or civil proceeding regarding information
presented in or opinions formed as a result of a meeting of the
overdose fatality review team. Nothing in this subsection shall
be construed to prevent a member of an overdose fatality review
team from testifying in a criminal or civil proceeding to
information obtained independently of the overdose fatality
review team or which is public information.
Section 7. Criminal and civil liability protections.
An individual who, in good faith, participates as a member of
an overdose fatality review team or provides information to
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achieve the duties of an overdose fatality review team may not
be subject to criminal or civil liability as a result of the
participation or information.
Section 8. Effective date.
This act shall take effect in 30 days.
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