2018 -- S 2577 SUBSTITUTE B

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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. Sections 23-4-1 and 23-4-3 of the General Laws in Chapter 23-4 entitled

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"Office of State Medical Examiners" are hereby amended to read as follows:

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     23-4-1. Definitions.

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     (a) "Assistant medical examiner" means a duly licensed doctor of medicine or osteopathy

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appointed to assist the office of state medical examiners on a part-time basis.

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     (b) "Autopsy" means the dissection of a dead body and the removal and examination of

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bone, tissue, organs, and foreign objects for the purpose of determining the condition of the body

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and the cause and the manner of the death.

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     (c) "Cause of death" means the agent that has directly or indirectly resulted in a death.

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     (d) "Inquest" means an official judicial inquiry before a medical examiner and/or medical

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examiners jury for the purpose of determining the manner of death.

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     (e) "Manner of death" means the means or fatal agency that caused a death.

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     (f) "Postmortem examination" means examination after death and includes an

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examination of the dead body and surroundings by an agent of the office of state medical

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examiners but does not include dissection of the body for any purpose.

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     (g) "Work product" means preliminary drafts, notes, impressions, memoranda, working

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papers, and similar documents of a governmental entity, whether in electronic or other format.

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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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     (ii) The work product of the multi-disciplinary team for review of drug-related overdose

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deaths shall be confidential and protected under all applicable laws, including the federal Health

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Insurance Portability and Accountability Act of 1996 and the Rhode Island confidentiality of

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health care information act (chapter 37.3 of title 5), and shall be exempt from the provisions of

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chapter 2 of title 38, not subject to subpoena, discovery, or introduction into evidence in any civil

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or criminal proceeding, and not subject to disclosure beyond such team members (except to

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authorized employees of the department of health as necessary to perform official duties of the

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department pursuant to § 23-4-3(11)).

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     (iii) The multidisciplinary team shall report on or before December 1 of each year to the

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governor, the speaker of the house and president of the senate, which report shall summarize the

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activities of the team, as well as the team's findings, progress towards reaching its goals, and

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recommendations for any needed changes in legislation or otherwise.

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     (iv) The provisions of § 23-4-3(11)(i) shall sunset and be repealed effective December

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31, 2020.

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     SECTION 2. Chapter 23-4 of the General Laws entitled "Office of State Medical

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Examiners" is hereby amended by adding thereto the following section:

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     23-4-3.1. Immunity.

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     No member of the multi-disciplinary team for review of drug-related overdose deaths

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shall be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege,

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including, but not limited to, civil penalty or disciplinary action by a business, occupational, or

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professional licensing board or entity (and, for members who are state employees, termination,

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loss of employee or pension benefits), for acting in accordance with § 23-4-3.

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     SECTION 3. This act shall take effect upon passage. The provisions amending § 24-4-

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3(11)(i) shall be repealed effective December 31, 2020.

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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. This team would report annually to the governor

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and the general assembly on its findings and recommendation. The provisions establishing this

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team would be repealed effective December 31, 2020.

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     This act would take effect upon passage. The provisions amending § 24-4-3(11)(i) would

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be repealed effective December 31, 2020.

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