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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY STACK, EICHELBERGER, RAFFERTY, FONTANA, M. WHITE, D. WHITE, BOSCOLA, O'PAKE, ALLOWAY AND GREENLEAF, MARCH 29, 2010 |
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| REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 29, 2010 |
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| AN ACT |
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1 | Establishing the Methadone Death and Incident Review Team and |
2 | providing for its powers and duties; and imposing a penalty. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Methadone |
7 | Death and Incident Review Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Department." The Department of Health of the Commonwealth. |
13 | "Drug-free drug and alcohol addiction treatment program." A |
14 | drug and alcohol addiction treatment program that is not |
15 | licensed as a narcotic treatment program by the Department of |
16 | Health. |
17 | "Patient or family advocate." A person who works as a |
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1 | patient or family advocate at a drug and alcohol addiction |
2 | treatment program or a group of programs. |
3 | "Team." The Methadone Death and Incident Review Team |
4 | established under section 3. |
5 | Section 3. Establishment of Methadone Death and Incident Review |
6 | Team. |
7 | (a) Team established.--The department shall establish a |
8 | Methadone Death and Incident Review Team and conduct a methadone |
9 | death review for all deaths where methadone was either a primary |
10 | or secondary cause of death. The team shall examine the |
11 | circumstances surrounding methadone-related deaths in this |
12 | Commonwealth for the purpose of promoting safety and reducing |
13 | methadone-related deaths. The deaths that may be reviewed |
14 | include, but are not limited to, drug overdoses and motor |
15 | vehicle accidents involving methadone patients. In addition, the |
16 | team shall act as a repository for complaints and problems |
17 | arising from the operation of opiate treatment programs. |
18 | (b) Composition.--The team shall consist of the following |
19 | individuals: |
20 | (1) The Secretary of Health or a designee, who shall |
21 | serve as the chairperson of the team. |
22 | (2) The Director of the Bureau of Drug and Alcohol |
23 | Programs. |
24 | (3) The following individuals appointed by the Secretary |
25 | of Health: |
26 | (i) Representatives from narcotic treatment programs |
27 | as defined in 28 Pa. Code § 701.1 (relating to general |
28 | definitions). |
29 | (ii) Representatives from a licensed drug and |
30 | alcohol addiction treatment program that is not defined |
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1 | as a narcotic treatment program. |
2 | (iii) A representative from law enforcement |
3 | recommended by a Statewide association representing |
4 | members of law enforcement. |
5 | (iv) A representative from the medical community |
6 | recommended by a Statewide association representing |
7 | physicians. |
8 | (v) A district attorney recommended by a Statewide |
9 | association representing district attorneys. |
10 | (vi) A medical examiner recommended by a Statewide |
11 | association representing medical examiners. |
12 | (vii) A coroner recommended by a Statewide |
13 | association representing county coroners. |
14 | (viii) A member of the public. |
15 | (ix) A patient or family advocate. |
16 | (c) Initial meeting.--The initial meeting of the team shall |
17 | take place within 90 days of the effective date of this act. |
18 | During this initial meeting, the team shall develop a schedule |
19 | for its work and reports. |
20 | (d) Expenses.--Members of the team shall not receive |
21 | compensation but shall be reimbursed for travel and other |
22 | necessary expenses. |
23 | Section 4. Team duties. |
24 | The team shall: |
25 | (1) Review each death where methadone was either the |
26 | primary or a secondary cause of death and review methadone- |
27 | related incidents. |
28 | (2) Determine the role that methadone played in each |
29 | death and methadone-related incident. |
30 | (3) Communicate concerns to regulators and ensure |
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1 | communication throughout the system about issues that could |
2 | threaten health and public safety. |
3 | (4) Develop best practices to prevent future methadone- |
4 | related deaths and methadone-related incidents. The best |
5 | practices shall be: |
6 | (i) Promulgated by the department as regulations. |
7 | (ii) Posted on the department's Internet website. |
8 | (5) Collect and store data on the number of methadone- |
9 | related deaths and methadone-related incidents, and provide a |
10 | brief description of each death and incident. These |
11 | statistics shall be posted on the department's Internet |
12 | website and shall list the date and county of each death and |
13 | methadone-related incident and other relevant statistics as |
14 | determined by the team. |
15 | (6) Develop a model form for county coroners and medical |
16 | examiners to use to report and transmit information regarding |
17 | methadone-related deaths to the team. |
18 | (7) Prepare an annual report that shall be posted on the |
19 | department's Internet website and distributed to the chairman |
20 | and minority chairman of the Judiciary Committee of the |
21 | Senate, the chairman and minority chairman of the Public |
22 | Health and Welfare Committee of the Senate, the chairman and |
23 | minority chairman of the Judiciary Committee of the House of |
24 | Representatives and the chairman and minority chairman of the |
25 | Health and Human Services Committee of the House of |
26 | Representatives. Each report shall: |
27 | (i) Provide public information regarding the |
28 | incidence and causes of methadone-related deaths and |
29 | methadone-related incidents. |
30 | (ii) Provide aggregate data on five-year trends on |
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1 | methadone use and abuse and methadone-related incidents |
2 | when such information is available. |
3 | (iii) Make recommendations to prevent future |
4 | methadone deaths and abuse and methadone-related |
5 | incidents. |
6 | (iv) Recommend changes to statutes and regulations |
7 | to decrease methadone-related deaths and methadone- |
8 | related incidents. |
9 | (v) Provide a report on methadone-related incidents |
10 | and concerns regarding narcotic treatment programs. |
11 | (8) Develop and publish on the department's Internet |
12 | website a list of meetings for each year. |
13 | Section 5. Duties of coroner and medical examiner. |
14 | A county coroner or medical examiner shall forward all death |
15 | cases involving methadone as the primary or secondary cause of |
16 | death to the team for review. The county coroner and medical |
17 | examiner shall use the model form developed by the team to |
18 | transmit the data. |
19 | Section 6. Review procedures. |
20 | The team may review the following information: |
21 | (1) Coroner's reports or postmortem examination records. |
22 | (2) Death certificates and birth certificates. |
23 | (3) Law enforcement records and interviews with law |
24 | enforcement officials as long as the release of such records |
25 | will not jeopardize an ongoing criminal investigation or |
26 | proceeding. |
27 | (4) Medical records from hospitals and other health care |
28 | providers. |
29 | (5) Information and reports made available by the county |
30 | children and youth agency in accordance with 23 Pa.C.S. Ch. |
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1 | 63 (relating to child protective services). |
2 | (6) Information made available by firefighters or |
3 | emergency services personnel. |
4 | (7) Reports and records made available by the court to |
5 | the extent permitted by law or court rule. |
6 | (8) EMS records. |
7 | (9) Traffic fatality reports. |
8 | (10) Any other records necessary to conduct the review. |
9 | (11) Licensure facility surveys from the department |
10 | Bureau of Community Program Licensure and Certification, |
11 | Division of Drug and Alcohol Program Licensure. |
12 | Section 7. Access to records. |
13 | (a) Juvenile records.--When deemed necessary for its review, |
14 | the team may review and inspect all files and records of the |
15 | court relating to a child pursuant to a proceeding under 42 |
16 | Pa.C.S. Ch. 63 (relating to juvenile matters) in accordance with |
17 | 42 Pa.C.S. § 6307 (relating to inspection of court files and |
18 | records). However, this subsection shall not apply to files and |
19 | records of the court subject to a child fatality or near |
20 | fatality review pursuant to 23 Pa.C.S. Ch. 63 (relating to child |
21 | protective services). |
22 | (b) Medical records.--Notwithstanding any other provision of |
23 | law and consistent with the Health Insurance Portability and |
24 | Accountability Act of 1996 (Public Law 104-191, 110 Stat. 1936) |
25 | and 42 CFR Pt. 2 (relating to confidentiality of alcohol and |
26 | drug abuse patient records), health care facilities and health |
27 | care providers shall provide medical records of an individual |
28 | under review without the authorization of a person of interest |
29 | to the team for purposes of review under this act. |
30 | (c) Other records.--Other records pertaining to the |
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1 | individual under review for the purposes of this act shall be |
2 | open to inspection as permitted by law. |
3 | Section 8. Confidentiality. |
4 | (a) Maintenance.--The team shall maintain the |
5 | confidentiality of any identifying information obtained relating |
6 | to the death of an individual or adverse incidents regarding |
7 | methadone, including the name of the individual, guardians, |
8 | family members, caretakers or alleged or suspected perpetrators |
9 | of abuse, neglect or a criminal act. |
10 | (b) Agreement.--Each member of the team and any person |
11 | appearing before the team shall sign a confidentiality agreement |
12 | applicable to all proceedings and reviews conducted by the team. |
13 | (c) Liability.--An individual or agency that in good faith |
14 | provides information or records to the team shall not be subject |
15 | to civil or criminal liability as a result of providing the |
16 | information or record. |
17 | (d) Discovery.--The proceedings, deliberations and records |
18 | of the team are privileged and confidential and shall not be |
19 | subject to discovery, subpoena or introduction into evidence in |
20 | any civil or criminal action. |
21 | (e) Meetings.--Meetings of the team at which a specific |
22 | death is discussed shall be closed to the public and shall not |
23 | be subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to |
24 | open meetings). |
25 | (f) Attendance.--Nothing in this act shall prevent the team |
26 | from allowing the attendance of a person with information |
27 | relevant to a review at a methadone death and incident team |
28 | review meeting. |
29 | (g) Penalty.--A person who violates the provisions of this |
30 | section commits a misdemeanor of the third degree. |
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1 | Section 20. Regulations. |
2 | The department shall promulgate regulations as necessary to |
3 | carry out the purposes of this act. |
4 | Section 21. Effective date. |
5 | This act shall take effect in 90 days. |
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