Bill Text: DE SB44 | 2021-2022 | 151st General Assembly | Draft


Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To The Drug Overdose Fatality Review Commission.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Introduced) 2021-01-21 - Introduced and Assigned to Health & Social Services Committee in Senate [SB44 Detail]

Download: Delaware-2021-SB44-Draft.html

SPONSOR:

Sen. Sturgeon & Sen. Hansen & Sen. Townsend & Rep. Lambert & Rep. Bentz

Sens. Mantzavinos, Paradee, Pinkney, Sokola, Walsh; Reps. Briggs King, Griffith, Kowalko, Lynn, Morrison, Osienski

DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE BILL NO. 44

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DRUG OVERDOSE FATALITY REVIEW COMMISSION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4799A, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4799A. Definitions.

For purposes of this subchapter, the following definitions shall apply: subchapter:

(1) “Controlled substance” means a drug, substance or immediate precursor in Schedules I through V of subchapter Subchapter II of this chapter.

(2) “Fentanyl” shall have the meaning ascribed to it by means as defined in § 4716(c)(6) of this title or its successor provision. title.

(3) “Opiate” means any controlled substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability and is a prescription drug.

(4) “Overdose death” means a death caused, in whole or in part, by the consumption or use of heroin or the consumption or use of a opiate, or the consumption or use of fentanyl. a controlled substance.

(5) “Prescription drug” shall have the meaning ascribed to it by means as defined in § 4701 of this title or its successor provision. title.

Section 2. Amend § 4799B, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4799B. Organization and composition.

(g) The Commission shall by resolution passed by a majority of its members establish 3 regional review teams authorized to review overdose deaths involving opiates, fentanyl and/or heroin. deaths. Members of the Commission shall appoint representatives to each review team such that the review team reflects the disciplines of the Commission.

Section 3. Amend § 4799C, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4799C. Powers and duties.

(a) The Commission shall investigate and review the facts and circumstances of all overdose deaths involving opiates, fentanyl or heroin which that occur in Delaware. The review of deaths involving criminal investigations will be delayed until the later of the conclusion of such investigation, or the adjudication of related criminal charges, if any. The Commission shall make recommendations to the Governor and General Assembly, at least annually, regarding those practices or conditions which impact the frequency of overdose deaths involving opiates, fentanyl or heroin, and steps that can be taken to reduce the frequency of such overdose deaths. All recommendations made pursuant to under this subsection shall must comply with applicable state and federal confidentiality provisions, including but not limited to those enumerated in under § 4799D of this title. Notwithstanding any provision of this subchapter to the contrary, no recommendation shall may specifically identify any individual or any nongovernmental agency, organization organization, or entity.

SYNOPSIS

This Act allows the Drug Overdose Fatality Review Commission ("Commission") to review all deaths related to a drug overdose, regardless of the type of drug implicated in the overdose death. This change will allow the Commission to obtain and review all medical records, including substance abuse and mental health records, when there is a death related to a drug overdose. This approach will allow the Commission to monitor the evolving nature of societal drug use over time and make recommendations that are proactive in reducing the harm from emerging trends.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Author: Senator Sturgeon

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