2023 -- H 5682

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LC001618

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HEALTH AND SAFETY -- OFFICE OF STATE MEDICAL EXAMINERS

     

     Introduced By: Representatives Giraldo, and Potter

     Date Introduced: February 17, 2023

     Referred To: House Health & Human Services

     (Dept. 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 State

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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 appropriate

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

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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 for

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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)(i) For a multidisciplinary 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, representation

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

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     (ii) The work product of the child death-review team shall be confidential and protected

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

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of 1996 and the Rhode Island confidentiality of health care information act (chapter 37.3 of title 5)

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and shall be exempt from the provisions of chapter 2 of title 38 and shall be deemed privileged

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pursuant to § 23-17.21-8;

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

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

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of autopsy reports on child deaths;

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

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of reducing the prevalence of these 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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multidisciplinary team for review of drug-related overdose deaths may include, as determined by

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

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

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the department of behavioral healthcare, developmental disabilities and hospitals; the Rhode Island

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Police Chiefs Association; the Hospital Association of Rhode Island; an emergency department

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

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

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others as may be determined by the director of the department of health;

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     (ii) The work product of the multidisciplinary 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 health

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care information act (chapter 37.3 of title 5), and shall be exempt from the provisions of chapter 2

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

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proceeding, and not subject to disclosure beyond the team members (except to authorized

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employees of the department of health as necessary to perform its official duties pursuant to this

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subsection (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; and

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     (iv) [Deleted by P.L. 2021, ch. 21, § 1 and P.L. 2021, ch. 22, § 1.]

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     (v) The multidisciplinary team, or Rhode Island department of health state employees

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appointed by the director of the department of health shall, as relatives of the deceased are willing,

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be empowered to gather information from such consenting relatives regarding the circumstances of

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the decedent's death. The information gathered shall remain confidential and publicly released as

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aggregate de-identified information. The information gathered will be utilized to help identify

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specific prevention and intervention strategies to prevent further deaths.

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     (12)(i) For a multidisciplinary maternal mortality review committee for review of maternal

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deaths of women that occur during pregnancy, delivery, or within one year of the end of pregnancy

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with the goal of reducing the prevalence of such deaths by examining emerging trends in such

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deaths, identifying potential demographic, geographic, and structural points for prevention, and

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other factors. This committee has the authority to request and receive data from vital records,

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healthcare providers, healthcare facilities, pharmacy records, and any other agencies or officials

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having information that is necessary for the committee to carry out its duties under this section.

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The multidisciplinary maternal mortality review committee shall include, but not be limited to, as

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determined by the director of the department of health, representation from state agencies; an

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obstetric provider from each hospital that delivers obstetrical care; a neonatal specialist; individuals

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or organizations that represent the populations that are most affected by pregnancy-related deaths

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or pregnancy-associated deaths and lack of access to maternal healthcare services; a perinatal

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pathologist; and a maternal fetal medicine specialist. This committee shall develop

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recommendations for the prevention of maternal deaths and disseminate findings and

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recommendations to policy makers, healthcare providers, healthcare facilities, and the general

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public.

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     (ii) The work product of the maternal mortality review committee shall be confidential and

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

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Accountability Act of 1996 and the Rhode Island confidentiality of health care information act

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(chapter 37.3 of title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall

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be deemed privileged pursuant to § 23-17.21-8.

 

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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 STATE MEDICAL EXAMINERS

***

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     This act would provide that the multidisciplinary team for review of drug overdose deaths

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or the department of health employees may gather information on the circumstances of a decedent's

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death when the relatives of the deceased are willing to provide the information to be utilized to help

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identify prevention and intervention strategies.

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     This act would take effect upon passage.

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