ENGROSSED SENATE
BILL NO. 937	By:	Sykes of the Senate

			and

		Osborn of the House

An Act relating to prescription drugs; creating the Task Force on Prescription Drug Fatality; providing for membership; providing for duties; providing for a certain investigations team; authorizing use of certain personnel; prohibiting certain investigations; exempting team from certain confidentiality; requiring certain redactions from certain reports; making certain reports not subject to the Oklahoma Open Records Act; providing for content of certain reports; authorizing use of certain resources for certain purpose; providing for meetings of the Task Force; prohibiting certain travel expenses; requiring certain report; providing for codification; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-316 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  There is hereby created to continue until July 1, 2015, in accordance with the provisions of the Oklahoma Sunset Law, the Task Force on Prescription Drug Fatality which shall recommend measures to lower the number of prescription-drug-related overdoses and abuse fatalities to the Legislature.
B.  The Task Force shall be comprised of twenty-one (21) members as follows:
1.  The Director of the State Board of Medical Licensure and Supervision or designee;
2.  The Director of the State Board of Osteopathic Examiners, or designee;
3.  The Director of the Oklahoma Board of Dentistry, or designee;
4.  The Director of the Board of Pharmacy, or designee;
5.  The Director of the Board of Veterinary Medical Examiners, or designee;
6.  The Director of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, or designee;
7.  The Chief Medical Examiner, or designee;
8.  The Commissioner of the Department of Mental Health and Substance Abuse Services, or designee;
9.  The Administrator of the Oklahoma Health Care Authority, or designee;
10.  The State Commissioner of Health, or designee;
11.  A representative of the Association of Chiefs of Police to be appointed by the President Pro Tempore of the Senate no later than September 1, 2013;
12.  A representative of the Oklahoma Sheriff's Association to be appointed by the President Pro Tempore of the Senate no later than September 1, 2013;
13.  A District Attorney to be appointed by the Speaker of the House of Representatives no later than September 1, 2013;
14.  A representative of the Oklahoma Medical Association to be appointed by the Speaker of the House of Representatives no later than September 1, 2013;
15.  A representative of the Oklahoma Osteopathic Association to be appointed by the President Pro Tempore of the Senate no later than September 1, 2013;
16.  A representative of the Oklahoma Dental Association to be appointed by the Speaker of the House of Representatives no later than September 1, 2013;
17.  A representative of the Oklahoma Pharmaceutical   Association to be appointed by the President Pro Tempore of the Senate no later than September 1, 2013;
18.  A member of the Senate to be appointed by the President Pro Tempore of the Senate no later than September 1, 2013;
19.  A member of the House of Representatives to be appointed by the Speaker of the House of Representatives no later than September 1, 2013; and
20.  Two members to be appointed by the Governor no later than September 1, 2013.
C.  The Task Force is authorized to:
1.  Conduct a study regarding prescription-drug-related deaths as determined by the Chief Medical Examiner pursuant to subsection A of Section 2-105 of Title 63 of the Oklahoma Statutes and make recommendations to the Legislature as to how to lower the number of prescription drug related fatalities in the state of Oklahoma; and
2.  Gather and review individual, statistical and any other type of information as the Task Force determines on any death due to overdose or abuse of a controlled dangerous substance as determined by the Chief Medical Examiner pursuant to subsection A of Section 2-105 of Title 63 of the Oklahoma Statutes.
D.  The Director of the Oklahoma Bureau of Narcotics and Dangerous Drugs shall coordinate an investigations team utilizing investigators and/or other personnel from the State Board of Medical Licensure and Supervision, the State Board of Osteopathic Examiners, the Oklahoma Board of Dentistry, the Board of Pharmacy, the Board of Mental Health and Substance Abuse Services, the State Department of Health, the Oklahoma Health Care Authority and the Chief Medical Examiner's office, as available, and any local law enforcement in the area in which the fatality occurred or as needed.
1.  The investigative team shall not conduct an investigation in which there is an active criminal case pending unless requested or authorized by the District Attorney in that location; and
2.  The investigative team shall be exempt from, and may share among the team and with the Task Force, any and all information otherwise deemed confidential by state law for the purpose of the investigation on the deceased.  This shall include, but not be limited to, information from law enforcement, medical, mental health and substance abuse and public assistance records.
E.  Before submission of findings to the overall Task Force for review and discussion, all investigative reports shall redact names, social security numbers and other identifiers of the deceased, as well as, the names of any physician, pharmacist or other medical provider, as needed, as a part of the report.  The non-redacted investigative reports shall not be subject to the Oklahoma Open Records Act.  The reports shall include, but not be limited to:
1.  The particular type of overdose or abuse causing the death;
2.  Information as to whether the individual was receiving state assistance through the Oklahoma Health Care Authority, the Department of Human Services or other state entity;
3.  Prior criminal history and/or drug involvement;
4.  Prior diagnosis, treatment or counseling for substance abuse; and
5.  Other medical information and history of prescription drugs prescribed.
F.  Each agency shall be authorized to use any resource as necessary for the purpose of the Task Force investigations.
G.  The Task Force shall be authorized to meet as necessary in order to perform the duties imposed upon it.  Members of the Task Force shall not be reimbursed for travel expenses.
H.  The Task Force shall submit to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives no later than January 1, 2015, a report with recommendations that promote the public safety and well-being of citizens concerning the use of prescription medication.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 12th day of March, 2013.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2013.

	
	Presiding Officer of the House
	of Representatives