Chapter 139

2019 -- S 0574 SUBSTITUTE A Enacted 07/08/2019

A N   A C T

RELATING TO HEALTH AND SAFETY - OFFICE OF STATE MEDICAL EXAMINERS

Introduced By: Senators Goldin, Valverde, Satchell, Crowley, and Lawson

Date Introduced: March 14, 2019

It is enacted by the General Assembly as follows:

SECTION 1. Sections 23-4-3 and 23-4-3.1 of the General Laws in Chapter 23-4 entitled

"Office of State Medical Examiners" are 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)(i) For a multi-disciplinary multidisciplinary 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

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

privileged pursuant to § 23-17.21-8.;

(10) The department of health 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 multidisciplinary team review of drug-related overdose

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

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

other factors. The multi-disciplinary multidisciplinary team for review of drug-related overdose

deaths may include, as determined by the director of the department of health, 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 of the

department of health; and

(ii) The work product of the multi-disciplinary multidisciplinary 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 the team

members (except to authorized employees of the department of health as necessary to perform its

official duties of the department pursuant to this subsection (11)).;

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

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

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

recommendations for any needed changes in legislation or otherwise.; and

(iv) The provisions of subsection (11)(i) shall sunset and be repealed effective December

31, 2020.; and

(12)(i) For a multi-disciplinary multidisciplinary maternal mortality review committee

for review of maternal deaths of women that occur during pregnancy, delivery, or within one year

of the end of pregnancy with the goal of reducing the prevalence of such deaths by examining

emerging trends in such deaths, identifying potential demographic, geographic, and structural

points for prevention, and other factors. This committee has the authority to request and receive

data from vital records, health care healthcare providers, health care healthcare facilities,

pharmacy records, and any other agencies or officials having information that is necessary for the

committee to carry out its duties under this section. The multi-disciplinary multidisciplinary

maternal mortality review committee shall include, but not be limited to, as determined by the

director of the department of health, representation from state agencies,; an obstetric provider

from each hospital that delivers obstetrical care,; a neonatal specialist,; individuals or

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

pregnancy-associated deaths and lack of access to maternal health care healthcare services,; a

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

recommendations for the prevention of maternal deaths and disseminate findings and

recommendations to policy makers, health care healthcare providers, health care healthcare

facilities, and the general public.

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

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

23-4-3.1. Immunity.

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

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

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

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

employees, termination, loss of employee or pension benefits), for acting in accordance with §

23-4-3.

SECTION 2. This act shall take effect upon passage.

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LC001864/SUB A/2

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