2018 -- H 7697

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LC004919

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HEALTH AND SAFETY -- OFFICE OF MEDICAL EXAMINERS

     Introduced By: Representatives Bennett, Newberry, McNamara, Shekarchi, and
Marshall

     Date Introduced: February 28, 2018

     Referred To: House Health, Education & Welfare

     (Department of Health)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-4-3 of the General Laws in Chapter 23-4 entitled "Office of

State Medical Examiners" is hereby amended to read as follows:

     23-4-3. Functions.

     The office of state medical examiners shall be responsible for:

     (1) The investigation of deaths within the state that, in its judgment, might reasonably be

expected to involve causes of death enumerated in this chapter;

     (2) For the conduct of inquests when requested by the attorney general;

     (3) For the performance of autopsies, including the retention, examination, and

appropriate disposal of tissue, when appropriate, for deaths that, in its judgment, might

reasonably be expected to involve causes of deaths enumerated in this chapter;

     (4) For the written determination of the causes of death investigated pursuant to this

chapter;

     (5) For the presentation to the courts of Rhode Island of expert testimony relating to the

cause of death;

     (6) For the keeping of complete records, including names, places, circumstances, and

causes of deaths, of deaths investigated and reported, copies of which shall be delivered to the

attorney general and of which written determinations of causes of death shall be made available

for public inspection;

     (7) For the burial of bodies for which there is no other existing legal responsibility to do

so;

     (8) For the development and enforcement of procedures for the pronouncement of death

and for the transplantation of organs from bodies of persons who have died within the state;

     (9) For a multi-disciplinary team review of child fatalities with the goal to decrease the

prevalence of preventable child deaths and report recommendations for community- and systems-

intervention strategies. A child death-review team shall include, but is not limited to,

representation from state agencies, health care, child welfare, and law enforcement; and

     (10) The department shall work with the department of children, youth and families and

the office of the child advocate to develop a process to ensure the timely availability of autopsy

reports on child deaths; and

     (11)(i) For a multi-disciplinary team review of drug-related overdose deaths with the goal

of reducing the prevalence of such deaths by examining emerging trends in overdose, identifying

potential demographic, geographic, and structural points for prevention and other factors. The

multi-disciplinary team for review of drug-related overdose deaths may include, as determined by

the director, representatives from the department of health; the department of the attorney

general; the Rhode Island state police; the department of corrections; the department of

behavioral healthcare, developmental disabilities and hospitals; the Rhode Island Police Chiefs

Association; the Hospital Association of Rhode Island; an emergency department physician; a

primary care physician; an addiction medicine/treatment provider; a mental health clinician; a

toxicologist; a recovery coach or other representative of the recovery community; and others as

may be determined by the director; and

     (b) The work product used to create any findings, report or conclusions of the multi-

disciplinary team for review of drug-related overdose deaths shall be confidential and protected

under all applicable laws, including the federal Health Insurance Portability and Accountability

Act of 1996 and the Rhode Island confidentiality of health care information act (chapter 37.3 of

title 5), and shall be exempt from the provisions of chapter 2 of title 38, not subject to subpoena,

discovery, or introduction into evidence in any civil or criminal proceeding, and not subject to

disclosure beyond such team members (except to authorized employees of the department of

health as necessary to perform official duties of the department pursuant to § 23-4-3(11)).

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- OFFICE OF MEDICAL EXAMINERS

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     This act would provide that the state medical examiner is to conduct a multi-disciplinary

team review of drug-related overdose deaths.

     This act would take effect upon passage.

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LC004919

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