Bill Text: NJ A3916 | 2018-2019 | Regular Session | Introduced
Bill Title: Permits creation of local overdose fatality and near fatality review boards.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-05-07 - Introduced, Referred to Assembly Human Services Committee [A3916 Detail]
Download: New_Jersey-2018-A3916-Introduced.html
Sponsored by:
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
SYNOPSIS
Permits creation of local overdose fatality and near fatality review boards.
CURRENT VERSION OF TEXT
As introduced.
An Act permitting creation of local overdose fatality and near fatality review boards and supplementing chapter 3A2 of Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Board" means a local overdose fatality and near fatality review board established pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Controlled substance" means any substance so classified under subsection (6) of section 102 of the "Controlled Substances Act" (21 U.S.C. s.802), and includes all substances listed on Schedules I through V of 21 C.F.R. s.1308, or under P.L.1970, c.226 (C.24:21-1 et seq.). The term shall include controlled substance analogs.
"Controlled substance analog" means a substance that has a chemical structure substantially similar to that of a controlled dangerous substance and that was specifically designed to produce an effect substantially similar to that of a controlled dangerous substance. The term shall not include a substance manufactured or distributed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. s.355).
"Near fatality" means a case in which a person is in serious or critical condition, as certified by a physician, caused, in whole or in part, by the consumption or use of a controlled substance.
"Overdose fatality" means a death caused, in whole or in part, by the consumption or use of a controlled substance.
2. a. The governing body of any municipality and the board of chosen freeholders of any county may establish a local overdose fatality and near fatality review board within their jurisdictions.
b. A board shall consist of five members as follows: a member of the local board of health appointed by the governing body of the municipality or a member of the county board of health appointed by the board of chosen freeholders of the county, as the case may be; and four public members appointed by the governing body of the municipality or the board of chosen freeholders of the county, as the case may be, one of whom shall be a health care professional with expertise in drug addiction and substance use disorder treatment and experience in the jurisdiction, one of whom shall be a substance use disorder counselor with experience in the jurisdiction; one of whom shall be a member of a law enforcement agency in the jurisdiction; and one of whom shall be an emergency medical services provider in the jurisdiction.
c. The public members of a board shall serve for three-year terms. Vacancies in the membership of the board shall be filled in the same manner as the original appointments were made. The public members shall serve without compensation but may be reimbursed for necessary and reasonable expenses incurred in the performance of their official duties.
d. A board shall organize as soon as may be practicable after the appointment of its members and shall select a chairperson from among the members. The members shall select a secretary, who need not be a member of the board.
e. A board is entitled to the assistance and services of the employees of any local department, board, bureau, commission, or agency within the applicable jurisdiction as it may require and as may be available for the purposes of reviewing a case pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). The board may also seek the advice of experts specializing in the fields of forensic medicine, psychiatry, psychology, social work, law enforcement, family law, or other fields, if the facts of a case warrant additional expertise.
3. a. A board shall review overdose fatalities and near fatalities within the applicable local jurisdiction and identify their causes, their relationship to governmental support systems, and methods of prevention.
b. A board shall identify all overdose fatalities and near fatalities involving controlled substances that occur within the applicable local jurisdiction and determine which overdose fatalities and near fatalities shall receive full review.
c. A board shall record the following information, as applicable, for each overdose fatality and near fatality: name; age; date of birth; place, date, and time of death or pronouncement of death or near fatality; and circumstances surrounding the death or near fatality in a confidential master file. The file shall serve as the minimum record of the case and shall be the only file that contains the name of the person whose death or near fatality is reviewed. The master file shall not be subject to discovery, but may be used by the board chairperson to refer a case, including the board's deliberations and conclusions, to the extent necessary, to an appropriate agency to investigate or to provide services.
d. Except as provided in subsection c. of this section, the deliberations and conclusions of a board, related to a specific case, shall be confidential. Summary records that are prepared by the board on each reported case shall be free of information that would identify the person whose death or near fatality is reviewed.
e. A board shall issue an annual report to the governing body of the municipality or board of chosen freeholders of the county, as applicable, including the number of cases reviewed and specific non-identifying information regarding cases of particular significance. The board shall also include in the report recommendations for achieving better coordination and collaboration among State and local agencies and recommendations for improvements in local services to prevent substance use disorder and overdose fatalities and near fatalities.
4. a. A board may subpoena and review records that pertain to the person whose death or near fatality is being reviewed, except as provided in any statute, regulation, or Executive Order relating to the confidentiality of criminal investigations, criminal investigative files, and medical records concerning any program or activity involving substance use disorder education, prevention, training, treatment, or rehabilitation in accordance with 42 U.S.C. s.290dd-2. The records subject to subpoena and review shall include, but are not limited to, school, private medical, hospital, substance use disorder treatment, mental health, and other records which may be deemed pertinent to the review process and necessary for the formulation of a conclusion by the board.
b. Records obtained by a board pursuant to subsection a. of this section shall not be subject to subpoena.
c. If, at the time of initial notification or during the subsequent review, a board has reasonable cause to believe that the overdose fatality or near fatality is the result of the actions of another person, the board shall notify, or shall verify that notification has been made to, the county prosecutor of the county where the fatality or near fatality occurred or was pronounced.
5. A member of the board shall not be liable for any civil damages as a result of providing, in good faith, any reports, records, opinions, or recommendations pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
6. A board may solicit and receive grants and other funds made available for its purposes by a governmental, public, private, nonprofit, or for-profit agency, including funds made available under any federal or State law, regulation, or program.
7. This act shall take effect immediately.
STATEMENT
This bill would allow municipalities and counties to establish local overdose fatality and near fatality review boards. The purpose of such boards would be to review overdose fatalities and near fatalities in local communities and to identify their causes, their relationship to governmental support systems, and methods of prevention.
Under the bill, a board would identify all overdose fatalities and near fatalities involving controlled substances, including controlled substance analogs, that occur in the municipality or county, as the case may be, and determine which overdose fatalities and near fatalities will receive a full review. A board would have to record certain minimum information for each overdose fatality and near fatality in the applicable jurisdiction in a confidential master file. The file would not be subject to discovery, but could be used by the board's chairperson to refer a case for an appropriate agency to investigate or to provide services.
A board would be required to issue an annual report to the municipal or county governing body, as applicable, containing the number of cases reviewed and specific non-identifying information regarding cases of particular significance. The board shall also include in the report recommendations for achieving better coordination and collaboration among State and local agencies and recommendations for improvements in local services to prevent substance use disorder and overdose fatalities and near fatalities.
A board would be able to subpoena and review school, private medical, hospital, substance use disorder treatment, mental health, and other pertinent records of the person whose overdose death or near fatality is reviewed, except as provided in any federal or State statute, regulation, or Executive Order relating to the confidentiality of criminal investigations, criminal investigative files, and medical records from programs or activities involving substance use disorder education, prevention, training, treatment, or rehabilitation.
If, as a result of a records review, the board believes that an overdose fatality or near fatality is the result of another person's actions, the board would be required to notify, or verify that notification has been made to, the county prosecutor where the fatality or near fatality occurred or was pronounced.
The bill provides that board members would not be held liable for any civil damages as a result of providing, in good faith, any reports, records, opinions, or recommendations pursuant to the provisions of the bill, and allows a board to solicit and receive grants or funds for its purposes made available by governmental, public, private, nonprofit, or for-profit agencies.
