2020 -- H 7843 | |
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LC004360 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY - OFFICE OF STATE MEDICAL EXAMINERS | |
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Introduced By: Representatives Williams, Blazejewski, Vella-Wilkinson, Bennett, and | |
Date Introduced: February 26, 2020 | |
Referred To: House Health, Education & Welfare | |
(Dept. of Health) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 23-4-3 of the General Laws in Chapter 23-4 entitled "Office of |
2 | State Medical Examiners" is hereby amended to read as follows: |
3 | 23-4-3. Functions. |
4 | The office of state medical examiners shall be responsible for: |
5 | (1) The investigation of deaths within the state that, in its judgment, might reasonably be |
6 | expected to involve causes of death enumerated in this chapter; |
7 | (2) For the conduct of inquests when requested by the attorney general; |
8 | (3) For the performance of autopsies, including the retention, examination, and |
9 | appropriate disposal of tissue, when appropriate, for deaths that, in its judgment, might |
10 | reasonably be expected to involve causes of deaths enumerated in this chapter; |
11 | (4) For the written determination of the causes of death investigated pursuant to this |
12 | chapter; |
13 | (5) For the presentation to the courts of Rhode Island of expert testimony relating to the |
14 | cause of death; |
15 | (6) For the keeping of complete records, including names, places, circumstances, and |
16 | causes of deaths, of deaths investigated and reported, copies of which shall be delivered to the |
17 | attorney general and of which written determinations of causes of death shall be made available |
18 | for public inspection; |
19 | (7) For the burial of bodies for which there is no other existing legal responsibility to do |
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1 | so; |
2 | (8) For the development and enforcement of procedures for the pronouncement of death |
3 | and for the transplantation of organs from bodies of persons who have died within the state; |
4 | (9)(i) For a multidisciplinary team review of child fatalities with the goal to decrease the |
5 | prevalence of preventable child deaths and report recommendations for community- and systems- |
6 | intervention strategies. A child death-review team shall include, but is not limited to, |
7 | representation from state agencies, health care, child welfare, and law enforcement; and |
8 | (ii) The work product of the child death-review team shall be confidential and protected |
9 | under all applicable laws, including the federal Health Insurance Portability and Accountability |
10 | Act of 1996 and the Rhode Island confidentiality of health care information act (chapter 37.3 of |
11 | title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall be deemed |
12 | privileged pursuant to § 23-17.21-8; |
13 | (10) The department of health shall work with the department of children, youth and |
14 | families and the office of the child advocate to develop a process to ensure the timely availability |
15 | of autopsy reports on child deaths; |
16 | (11)(i) For a multidisciplinary team review of drug-related overdose deaths with the goal |
17 | of reducing the prevalence of these deaths by examining emerging trends in overdose, identifying |
18 | potential demographic, geographic, and structural points for prevention and other factors. The |
19 | multidisciplinary team for review of drug-related overdose deaths may include, as determined by |
20 | the director of the department of health, representatives from the department of health; the |
21 | department of the attorney general; the Rhode Island state police; the department of corrections; |
22 | the department of behavioral healthcare, developmental disabilities and hospitals; the Rhode |
23 | Island Police Chiefs Association; the Hospital Association of Rhode Island; an emergency |
24 | department physician; a primary care physician; an addiction medicine/treatment provider; a |
25 | mental health clinician; a toxicologist; a recovery coach or other representative of the recovery |
26 | community; and others as may be determined by the director of the department of health; |
27 | (ii) The work product of the multidisciplinary team for review of drug-related overdose |
28 | deaths shall be confidential and protected under all applicable laws, including the federal Health |
29 | Insurance Portability and Accountability Act of 1996 and the Rhode Island confidentiality of |
30 | health care information act (chapter 37.3 of title 5), and shall be exempt from the provisions of |
31 | chapter 2 of title 38, not subject to subpoena, discovery, or introduction into evidence in any civil |
32 | or criminal proceeding, and not subject to disclosure beyond the team members (except to |
33 | authorized employees of the department of health as necessary to perform its official duties |
34 | pursuant to this subsection (11)); |
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1 | (iii) The multidisciplinary team shall report on or before December 1 of each year to the |
2 | governor, the speaker of the house, and president of the senate, which report shall summarize the |
3 | activities of the team, as well as the team's findings, progress towards reaching its goals, and |
4 | recommendations for any needed changes in legislation or otherwise; and |
5 | (iv) The provisions of subsection (11) shall sunset and be repealed effective December |
6 | 31, 2020; and |
7 | (12)(i) For a multidisciplinary maternal mortality review committee for review of |
8 | maternal deaths of women that occur during pregnancy, delivery, or within one year of the end of |
9 | pregnancy with the goal of reducing the prevalence of such deaths by examining emerging trends |
10 | in such deaths, identifying potential demographic, geographic, and structural points for |
11 | prevention, and other factors. This committee has the authority to request and receive data from |
12 | vital records, healthcare providers, healthcare facilities, pharmacy records, and any other agencies |
13 | or officials having information that is necessary for the committee to carry out its duties under |
14 | this section. The multidisciplinary maternal mortality review committee shall include, but not be |
15 | limited to, as determined by the director of the department of health, representation from state |
16 | agencies; an obstetric provider from each hospital that delivers obstetrical care; a neonatal |
17 | specialist; individuals or organizations that represent the populations that are most affected by |
18 | pregnancy-related deaths or pregnancy-associated deaths and lack of access to maternal |
19 | healthcare services; a perinatal pathologist; and a maternal fetal medicine specialist. This |
20 | committee shall develop recommendations for the prevention of maternal deaths and disseminate |
21 | findings and recommendations to policy makers, healthcare providers, healthcare facilities, and |
22 | the general public. |
23 | (ii) The work product of the maternal mortality review committee shall be confidential |
24 | and protected under all applicable laws, including the federal Health Insurance Portability and |
25 | Accountability Act of 1996 and the Rhode Island confidentiality of health care information act |
26 | (chapter 37.3 of title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall |
27 | be deemed privileged pursuant to § 23-17.21-8. |
28 | 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 STATE MEDICAL EXAMINERS | |
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1 | This act would remove the sunset date of December 31, 2020, for the multidisciplinary |
2 | team review of drug-related overdose deaths. |
3 | This act would take effect upon passage. |
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