Bill Text: PA HB140 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishing the Methadone Death and Incident Review Team and providing for its powers and duties; and imposing a penalty.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-10-24 - Act No. 148 [HB140 Detail]

Download: Pennsylvania-2011-HB140-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NOS. 78, 144, 1057 PRINTER'S NO. 2047
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 140 Session of2011
INTRODUCED BY DiGIROLAMO, COHEN, BAKER, BRENNAN, CALTAGIRONE, CAUSER, D. COSTA, CUTLER, J. EVANS, FLECK, GEIST, GEORGE, GINGRICH, GODSHALL, GOODMAN, HORNAMAN, JOHNSON, KAUFFMAN, KILLION, KORTZ, KOTIK, MANN, MURPHY, M. O'BRIEN, O'NEILL, PASHINSKI, PYLE, READSHAW, REED, SABATINA, SANTARSIERO, SCHRODER, TAYLOR, VULAKOVICH, WATSON, CLYMER, K. SMITH, DAVIS, DENLINGER, KULA, MATZIE, MURT, YOUNGBLOOD, HESS, BOBACK AND RAVENSTAHL, JANUARY 20, 2011
SENATOR VANCE, PUBLIC HEALTH AND WELFARE, IN SENATE, AS AMENDED, JUNE 8, 2011
AN ACT
Establishing the Methadone Death and Incident Review Team and
providing for its powers and duties; and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Methadone
Death and Incident Review Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Health of the Commonwealth.
"Drug-free drug and alcohol addiction treatment program." A
drug and alcohol addiction treatment program that is not
licensed as a narcotic treatment program by the Department of
Health.
"Methadone-related incident." Any situation not involving a <--
fatality where methadone may be a contributing factor in the
behavior of an individual.
"Patient or family advocate." A person who works as a
patient or family advocate at a drug and alcohol addiction
treatment program or a group of programs.
"Team." The Methadone Death and Incident Review Team
established under section 3.
Section 3. Establishment of Methadone Death and Incident Review
Team.
(a) Team established.--The department shall establish a
Methadone Death and Incident Review Team and conduct a methadone
death review for all deaths where methadone was either a primary
or secondary cause of death. The team shall examine the
circumstances surrounding methadone-related deaths and <--
methadone-related incidents in this Commonwealth for the purpose
of promoting safety and reducing methadone-related deaths and <--
methadone-related incidents. The deaths that may be reviewed <--
include, but are not limited to, drug overdoses and motor
vehicle accidents involving methadone patients. In addition, the
team shall act as a repository for complaints and problems
arising from the operation of opiate treatment programs.
(b) Composition.--The team shall consist of the following
individuals:
(1) The Secretary of Health or a designee, who shall
serve as the chairperson of the team.
(2) The Director of the Bureau of Drug and Alcohol
Programs.
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(3) The following individuals appointed by the Secretary
of Health:
(i) A representative from narcotic treatment
programs as defined in 28 Pa. Code § 701.1 (relating to
general definitions).
(ii) A representative from a licensed drug and
alcohol addiction treatment program that is not defined
as a narcotic treatment program.
(iii) A representative from law enforcement
recommended by a Statewide association representing
members of law enforcement.
(iv) A representative from the medical community
recommended by a Statewide association representing
physicians.
(v) A district attorney recommended by a Statewide
association representing district attorneys.
(vi) A coroner or medical examiner recommended by a
Statewide association representing county coroners and
medical examiners.
(vii) A member of the public.
(viii) A patient or family advocate.
(c) Initial meeting.--The initial meeting of the team shall
take place within 90 days of the effective date of this act.
During this initial meeting, the team shall develop a schedule
for its work and reports.
(d) Expenses.--Members of the team shall not receive
compensation but shall be reimbursed for travel and other
necessary expenses.
Section 4. Team duties.
The team shall:
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(1) Review each death where methadone was either the
primary or a secondary cause of death and review methadone-
related incidents.
(2) Determine the role that methadone played in each
death and methadone-related incident.
(3) Communicate concerns to regulators and ensure <--
communication throughout the system facilitate communication <--
within the health care and legal systems about issues that
could threaten health and public safety.
(4) Develop best practices to prevent future methadone-
related deaths and methadone-related incidents. The best
practices shall be:
(i) Promulgated by the department as regulations.
(ii) Posted on the department's Internet website.
(5) Collect and store data on the number of complaints <--
and problems arising from the operation of opiate treatment
programs, methadone-related deaths and methadone-related
incidents, and provide a brief description of each death and
incident. These aggregate statistics shall be posted on the
department's Internet website.
(6) Develop a form for the submission of methadone- <--
related incidents to the team by any concerned party.
(6) (7) Develop in consultation with the coroners and <--
medical examiners a model form for county coroners and
medical examiners to use to report and transmit information
regarding methadone-related deaths to the team.
(7) (8) Prepare an annual report that shall be posted on <--
the department's Internet website and distributed to the
chairman and minority chairman of the Judiciary Committee of
the Senate, the chairman and minority chairman of the Public
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Health and Welfare Committee of the Senate, the chairman and
minority chairman of the Judiciary Committee of the House of
Representatives and the chairman and minority chairman of the
Human Services Committee of the House of Representatives.
Each report shall:
(i) Provide public information regarding the
incidence number and causes of methadone-related deaths <--
and methadone-related incidents.
(ii) Provide aggregate data on five-year trends on
methadone use and abuse and methadone-related incidents
when such information is available.
(iii) Make recommendations to prevent future
methadone deaths and abuse and methadone-related
incidents.
(iv) Recommend changes to statutes and regulations
to decrease methadone-related deaths and methadone-
related incidents.
(v) Provide a report on methadone-related incidents
and concerns regarding narcotic treatment programs.
(8) (9) Develop and publish on the department's Internet <--
website a list of meetings for each year.
Section 5. Duties of coroner and medical examiner.
A county coroner or medical examiner shall forward all death
cases involving methadone as the primary or secondary cause of
death to the team for review. The county coroner and medical
examiner shall use the model form developed by the team to
transmit the data.
Section 6. Review procedures.
The team may review the following information:
(1) Coroner's reports or postmortem examination records
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unless otherwise prohibited by Federal or State laws,
regulations or court decisions.
(2) Death certificates and birth certificates.
(3) Law enforcement records and interviews with law
enforcement officials as long as the release of such records
will not jeopardize an ongoing criminal investigation or
proceeding.
(4) Medical records from hospitals and other health care
providers.
(5) Information and reports made available by the county
children and youth agency in accordance with 23 Pa.C.S. Ch.
63 (relating to child protective services).
(6) Information made available by firefighters or
emergency services personnel.
(7) Reports and records made available by the court to
the extent permitted by law or court rule.
(8) EMS records.
(9) Traffic fatality reports.
(10) Any other records necessary to conduct the review.
(11) Licensure facility Facility licensure surveys from <--
the department Bureau of Community Program Licensure and
Certification, Division of Drug and Alcohol Program
Licensure.
Section 7. Access to records.
(a) Juvenile records.--When deemed necessary for its review,
the team may review and inspect all files and records of the
court relating to a child pursuant to a proceeding under 42
Pa.C.S. Ch. 63 (relating to juvenile matters) in accordance with
42 Pa.C.S. § 6307 (relating to inspection of court files and
records). However, this subsection shall not apply to files and
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records of the court subject to a child fatality or near
fatality review pursuant to 23 Pa.C.S. Ch. 63 (relating to child
protective services).
(b) Medical records.--Notwithstanding any other provision of
law and consistent with the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191, 110 Stat. 1936)
and 42 CFR Pt. 2 (relating to confidentiality of alcohol and
drug abuse patient records), health care facilities and health
care providers shall provide medical records of an individual
under review without the authorization of a person of interest
to the team for purposes of review under this act.
(c) Other records.--Other records pertaining to the
individual under review for the purposes of this act shall be
open to inspection as permitted by law.
Section 8. Confidentiality.
(a) Maintenance.--The team shall maintain the
confidentiality of any identifying information obtained relating
to the death of an individual or adverse incidents regarding
methadone, including the name of the individual, guardians,
family members, caretakers or alleged or suspected perpetrators
of abuse, neglect or a criminal act.
(b) Agreement.--Each member of the team and any person
appearing before the team shall sign a confidentiality agreement
applicable to all proceedings and reviews conducted by the team.
(c) Liability.--An individual or agency that in good faith
provides information or records to the team shall not be subject
to civil or criminal liability as a result of providing the
information or record.
(d) Discovery.--The proceedings, deliberations and records
of the team are privileged and confidential and shall not be
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subject to the act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law, discovery, subpoena or introduction into
evidence in any civil or criminal action.
(e) Meetings.--Meetings of the team at which a specific
death is discussed shall be closed to the public and shall not
be subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to
open meetings).
(f) Attendance.--Nothing in this act shall prevent the team
from allowing the attendance of a person with information
relevant to a review at a methadone death and incident team
review meeting.
(g) Penalty.--A person who violates the provisions of this
section commits a misdemeanor of the third degree.
Section 9. Transfer to Department of Drug and Alcohol Programs. <--
On July 1, 2011, all powers and duties of the Department of
Health under this act shall be transferred to the Department of
Drug and Alcohol Programs with the same force and effect as if
the powers and duties had been granted to the Department of Drug
and Alcohol Programs in the first instance.
Section 10 9. Regulations. <--
The department shall promulgate regulations as necessary to
carry out the purposes of this act.
Section 11 20. Effective date. <--
This act shall take effect in 90 days.
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