Bill Text: NJ S2929 | 2018-2019 | Regular Session | Amended
Bill Title: Establishes local drug overdose fatality review teams in each county in State.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2020-01-13 - Received in the Assembly without Reference, 2nd Reading [S2929 Detail]
Download: New_Jersey-2018-S2929-Amended.html
SENATE, No. 2929
STATE OF NEW JERSEY
218th LEGISLATURE
INTRODUCED SEPTEMBER 17, 2018
Sponsored by:
Senator ROBERT W. SINGER
District 30 (Monmouth and Ocean)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Senator Corrado
SYNOPSIS
Establishes local drug overdose fatality review teams in each county in State.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on June 17, 2019, with amendments.
An Act regarding drug overdoses and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Commissioner of Health shall establish a local drug overdose fatality review team for each county in this State. A local drug overdose fatality review team may be assigned to one or more counties where practicable. Each local drug overdose fatality review team shall elect a 1[chairman] chair1 to administer a process of review and enact and implement a standard protocol for the collection and maintenance of data that shall be consistent with all teams.
b. Local drug overdose fatality review teams shall consist of individuals with experience and knowledge regarding health, social services, law enforcement, education, emergency medicine, mental health, juvenile delinquency, and drug and alcohol abuse.
c. 1[All participants shall disclose to the commissioner all related records of a deceased individual, whose death has been determined to be the result of a drug overdose, including information and records related to physical health, mental health, and treatment for substance abuse that are maintained by a health care provider, and provide access to information and records maintained by a State or local government agency, including death certificates, law enforcement information, medical examiner information, parole and probation information, social service information and educational information. The commissioner shall transfer the records to the local drug overdose fatality review team assigned to the county in which the individual's death occurred] The commissioner shall develop a mandatory drug overdose death reporting process, pursuant to which health care practitioners, medical examiners, hospitals, emergency medical services providers, local health departments, law enforcement agencies, substance use disorder treatment programs, and relevant social services agencies will be required to confidentially report to the Department of Health on individual cases of drug overdose death.
d. The department shall maintain a record of all reports of drug overdose death that are submitted thereto through the reporting processes that are established pursuant to subsection c. of this section. The reports shall contain records related to a deceased individual, whose death has been determined to be the result of a drug overdose, including, but not limited to:
(1) the individual's age, race, gender, county of residence, and county of death;
(2) the date, manner, cause, and specific circumstances of the overdose death;
(3) any relevant information and records maintained by a health care provider related to the individual's physical health, mental health, and substance use disorder treatment, if applicable, if the individual's next of kin or authorized representative; consents to the release of the information or records; and;
(4) any relevant information and records maintained by a State or local government agency, including death certificate, law enforcement, records, including criminal histories and records of probation and parole, medical examiner records, social service records, and school records and educational histories, if individual's next of kin or authorized representative consents to release the information or records.
The department shall also ensure that a copy of each such report of drug overdose death is promptly forwarded to the local drug overdose fatality review team assigned to the county in which the drug overdose death occurred.
e. Upon receipt of a report of drug overdose death which has been forwarded to a local drug overdose death fatality review team pursuant to subsection d. of this section, the team shall review the reported case in accordance with the provisions of subsection f. of this section1.
1[d] f.1 Each local drug overdose fatality review team shall:
(1) develop methods to help prevent drug overdoses;
(2) explore methods to promote cooperation among multi-disciplinary agencies in providing services to individuals with substance use disorders;
(3) develop an understanding of the causes of drug overdoses;
(4) recommend possible changes to law and policy to prevent drug overdoses; and
(5) meet at least quarterly to review drug overdose cases submitted to the 1[commissioner] department1 pursuant to this section, as well as available criminal, educational, substance abuse, and mental health records of the deceased individuals.
1[e.] g.1 As used in this section:
"Drug overdose" means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled dangerous substance or another substance with which a controlled dangerous substance was combined and that a layperson would reasonably believe to require medical assistance.
2. Names and individual identification data collected pursuant to the provisions of this act shall not be disclosed by the 1[Commissioner] Department1 of Health or a local drug overdose fatality review team member unless required by law, and nothing in this act shall be construed to require disclosure of any private or confidential health information in violation of State or federal privacy laws.
3. The 1[Commissioner] Department1 of Health, in collaboration with each local drug overdose fatality review team, shall report any findings made pursuant to this act to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. Local drug overdose fatality review team meetings shall be closed to the public.
4. The Department of Health shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this act.
5. This act shall take effect 180 days after the date of enactment.
