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Provides DOH multidisciplinary team review of drug overdose deaths may gather info of deaths from family willing to do so to help identify prevention/intervention strategies.

Changes since original draft

~~2023 – H 5682~~
2023 – H 5682 SUBSTITUTE A
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~~LC001618~~
LC001618/SUB A
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~~S TATE OF RHODE IS L AND~~
S TATE OF RHODE IS L AND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO HEALTH AND SAFETY – OFFICE OF STATE MEDICAL EXAMINERS
Introduced By: Representatives Giraldo, and Potter
Date Introduced: February 17, 2023
Referred To: House Health & Human Services
(Dept. of Health)
It is enacted by the GeneralAssembly as follows:
SECTION 1. Section 23-4-3 of the GeneralLaws in Chapter 23-4 entitled "Office of State Medical Examiners" is hereby amended to read as follows:
23-4-3. Functions.
The office of state medicalexaminers shallbe responsible for:
(1) The investigation of deaths within the state that, in its judgment, might reasonably be expected to involve causes of death enumerated in this chapter;
(2) For the conduct of inquests when requested by the attorney general;
(3) For the performanceof autopsies, including the retention, examination, andappropriate disposal of tissue, whenappropriate, for deaths that, in its judgment, might reasonably be expected to involve causes of deaths enumerated in this chapter;
(4) For the written determination of the causes of death investigated pursuant to this chapter;
(5) For the presentation to the courts of Rhode Island of expert testimony relating to the cause of death;
(6) For the keeping of complete records, including names, places, circumstances, and causes of deaths, of deaths investigated and reported, copies of which shall be delivered to the attorneygeneralandof which written determinations of causes of deathshallbe made available for public inspection;
(7) For the burial of bodies for which there is no other existing legal responsibility to do so;
(8) For the development and enforcement of procedures for the pronouncement of death and for the transplantation of organs from bodies of persons who have died within the state;
(9)(i) For a multidisciplinary team review of child fatalities with the goal to decrease the prevalence of preventable child deaths and report recommendations for community- and systems- intervention strategies.A child death-review teamshall include, but is notlimited to, representation from state agencies, health care, child welfare, and law enforcement; and
(ii) The work product of the child death-review team shall be confidential and protected under all applicable laws, including the federalHealthInsurancePortability andAccountability Act of 1996 andthe Rhode Island confidentiality of health care information act(chapter 37.3of title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall be deemed privileged pursuant to § 23-17.21-8;
(10) The department of health shall work with the department of children, youth and families and the office of the child advocate to develop a process to ensure the timely availability of autopsy reports on child deaths;
(11)(i) For a multidisciplinary team review of drug-related overdose deaths with the goal of reducing the prevalence of these deaths by examining emerging trends in overdose, identifying potential demographic, geographic, and structural points for prevention, and other factors. The multidisciplinary teamfor review of drug-related overdose deaths may include, as determined by the director of the department of health, representatives from the department of health; the department of the attorney general; the Rhode Island state police; the department of corrections; the departmentof behavioral healthcare,developmental disabilities andhospitals; the Rhode Island Police Chiefs Association; the Hospital Association of Rhode Island; an emergency department physician; a primary care physician; an addiction medicine/treatment provider; a mental health clinician; a toxicologist; a recoverycoachor other representative of the recoverycommunity; and others as may be determined by the director of the department of health;
(ii) The work product of the multidisciplinary team for review of drug-related overdose deaths shall be confidential and protected under all applicable laws, including the federalHealth InsurancePortability andAccountability Actof 1996 andthe Rhode Island confidentiality of health care information act(chapter 37.3 of title 5), and shall be exempt from the provisions of chapter 2 of title 38, not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, and not subject to disclosure beyond the team members (except to authorized employees of the department of health as necessary to perform its official duties pursuant to this subsection (11));
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(iii) The multidisciplinary team shall report on or before December 1 of eachyear to the governor, the speaker of the house, and president of the senate, which report shall summarize the activities of the team, as well as the team's findings, progress towards reaching its goals, and recommendations for any needed changes in legislation or otherwise; and
(iv) [Deleted by P.L. 2021, ch. 21, § 1 and P.L. 2021, ch. 22, § 1.]
(v) The multidisciplinary team, or Rhode Island department of health state employees appointed by the director of the department of health shall, as relatives of the deceasedare willing, be empoweredtogather information fromsuchconsenting relatives regarding the circumstances of the decedent's death. The information gatheredshall remain confidential and publicly releasedas aggregate de-identified information. The information gathered will be utilized to help identify specific prevention and intervention strategies to prevent further deaths.
(v) The multidisciplinary team, or Rhode Island department of health state employees appointed by the director of the department of health shall, as relatives of the deceasedare willing, be empoweredtogather information fromsuchconsenting relatives regarding the circumstances of the decedent's death. The information gatheredshall remain confidential and publicly releasedas aggregate de-identified information. The information gathered will be utilized to help identify specific prevention and intervention strategies to prevent further deaths. The information gathered shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, and shall not be subject to disclosure beyond the teammembers except to authorized employees of the department of health as necessary to perform its official duties pursuant to subsection (11) of this section, and except as aggregate de-identified information.
(12)(i) For a multidisciplinary maternalmortality review committee for review of maternal deaths of women thatoccur during pregnancy, delivery, or within one year of the end of pregnancy with the goal of reducing the prevalence of such deaths by examining emerging trends in such deaths, identifying potential demographic, geographic, and structural points for prevention, and other factors. This committee has the authority to request and receive data from vital records, healthcare providers, healthcare facilities, pharmacy records, and any other agencies or officials having information that is necessaryfor the committee to carry out its duties under this section. The multidisciplinary maternalmortality review committee shall include, but not be limited to, as determined by the director of the department of health, representation from state agencies; an obstetric provider from eachhospital thatdelivers obstetricalcare;aneonatalspecialist; individuals or organizations that representthe populations that are most affectedby pregnancy-related deaths or pregnancy-associated deaths and lack of access to maternal healthcare services; a perinatal pathologist; and a maternal fetal medicine specialist. This committee shall develop recommendations for the prevention of maternal deaths and disseminate findings and recommendations to policy makers, healthcare providers, healthcare facilities, and the general public.
(ii) The work product of the maternalmortality review committee shall be confidential and protected under all applicable laws, including the federal Health Insurance Portability and Accountability Act of 1996 and the Rhode Island confidentiality of health care information act (chapter 37.3 of title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall be deemed privileged pursuant to § 23-17.21-8.
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~~SECTION 2. This act shalltake effect upon passage. ======== LC001618 ========~~
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(ii) The work product of the maternalmortality review committee shall be confidential and protected under all applicable laws, including the federal Health Insurance Portability and Accountability Act of 1996 and the Rhode Island confidentiality of health care information act
LC001618/SUB A - Page 3of 5 (chapter 37.3 of title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall be deemed privileged pursuant to § 23-17.21-8.
SECTION 2. This act shalltake effect upon passage. ======== LC001618/SUB A ========
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY – OFFICE OF STATE MEDICAL EXAMINERS
***
This actwould provide thatthe multidisciplinary teamfor review of drug overdose deaths or the departmentof health employees may gather information on the circumstancesof a decedent's deathwhenthe relatives of the deceasedarewilling toprovide the information tobe utilized to help identify prevention and intervention strategies.
~~This act would take effect upon passage. ======== LC001618 ========~~
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This act would take effect upon passage. ======== LC001618/SUB A ========
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House Bill #5682 (2023)

AN ACT RELATING TO HEALTH AND SAFETY -- OFFICE OF STATE MEDICAL EXAMINERS

Changes since original draft

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