2018 -- S 2577

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LC004932

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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: Senators Goodwin, Seveney, Satchell, Miller, and Jabour

     Date Introduced: March 01, 2018

     Referred To: Senate Judiciary

     (Department of Health)

It is enacted by the General Assembly as follows:

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

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

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     23-4-3. Functions.

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     The office of state medical examiners shall be responsible for:

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

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expected to involve causes of death enumerated in this chapter;

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

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

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

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

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

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chapter;

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

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cause of death;

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

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

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

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for public inspection;

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

 

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so;

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

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

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

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

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

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

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

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

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reports on child deaths; and

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

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

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

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

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

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

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

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

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

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

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may be determined by the director; and

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

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

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

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

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

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

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

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

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     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

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team review of drug-related overdose deaths.

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     This act would take effect upon passage.

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