PRINTER'S NO.  3464

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2372

Session of

2010

  

  

INTRODUCED BY DiGIROLAMO, ADOLPH, BISHOP, BRENNAN, BRIGGS, CALTAGIRONE, CLYMER, COHEN, FARRY, GINGRICH, HARHAI, HARKINS, KILLION, KORTZ, MAHONEY, MANN, MICOZZIE, MILLARD, MILLER, MIRABITO, MURT, D. O'BRIEN, PASHINSKI, PYLE, QUINN, REICHLEY, SABATINA, SAINATO, K. SMITH, VEREB, VULAKOVICH, WATSON AND YOUNGBLOOD, MARCH 25, 2010

  

  

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MARCH 25, 2010  

  

  

  

AN ACT

  

1

Establishing the Methadone Death and Incident Review Team and

2

providing for its powers and duties; and imposing a penalty.

3

The General Assembly of the Commonwealth of Pennsylvania

4

hereby enacts as follows:

5

Section 1.  Short title.

6

This act shall be known and may be cited as the Methadone

7

Death and Incident Review Act.

8

Section 2.  Definitions.

9

The following words and phrases when used in this act shall

10

have the meanings given to them in this section unless the

11

context clearly indicates otherwise:

12

"Department."  The Department of Health of the Commonwealth.

13

"Drug-free drug and alcohol addiction treatment program."  A

14

drug and alcohol addiction treatment program that is not

15

licensed as a narcotic treatment program by the Department of

 


1

Health.

2

"Patient or family advocate."  A person who works as a

3

patient or family advocate at a drug and alcohol addiction

4

treatment program or a group of programs.

5

"Team."  The Methadone Death and Incident Review Team

6

established under section 3.

7

Section 3.  Establishment of Methadone Death and Incident Review

8

Team.

9

(a)  Team established.--The department shall establish a

10

Methadone Death and Incident Review Team and conduct a methadone

11

death review for all deaths where methadone was either a primary

12

or secondary cause of death. The team shall examine the

13

circumstances surrounding methadone-related deaths in this

14

Commonwealth for the purpose of promoting safety and reducing

15

methadone-related deaths. The deaths that may be reviewed

16

include, but are not limited to, drug overdoses and motor

17

vehicle accidents involving methadone patients. In addition, the

18

team shall act as a repository for complaints and problems

19

arising from the operation of opiate treatment programs.

20

(b)  Composition.--The team shall consist of the following

21

individuals:

22

(1)  The Secretary of Health or a designee, who shall

23

serve as the chairperson of the team.

24

(2)  The Director of the Bureau of Drug and Alcohol

25

Programs.

26

(3)  The following individuals appointed by the Secretary

27

of Health:

28

(i)  Representatives from narcotic treatment programs

29

as defined in 28 Pa. Code § 701.1 (relating to general

30

definitions).

- 2 -

 


1

(ii)  Representatives from a licensed drug and

2

alcohol addiction treatment program that is not defined

3

as a narcotic treatment program.

4

(iii)  A representative from law enforcement

5

recommended by a Statewide association representing

6

members of law enforcement.

7

(iv)  A representative from the medical community

8

recommended by a Statewide association representing

9

physicians.

10

(v)  A district attorney recommended by a Statewide

11

association representing district attorneys.

12

(vi)  A medical examiner recommended by a Statewide

13

association representing medical examiners.

14

(vii)  A coroner recommended by a Statewide

15

association representing county coroners.

16

(viii)  A member of the public.

17

(ix)  A patient or family advocate.

18

(c)  Initial meeting.--The initial meeting of the team shall

19

take place within 90 days of the effective date of this act.

20

During this initial meeting, the team shall develop a schedule

21

for its work and reports.

22

(d)  Expenses.--Members of the team shall not receive

23

compensation but shall be reimbursed for travel and other

24

necessary expenses.

25

Section 4.  Team duties.

26

The team shall:

27

(1)  Review each death where methadone was either the

28

primary or a secondary cause of death and review methadone-

29

related incidents.

30

(2)  Determine the role that methadone played in each

- 3 -

 


1

death and methadone-related incident.

2

(3)  Communicate concerns to regulators and ensure

3

communication throughout the system about issues that could

4

threaten health and public safety.

5

(4)  Develop best practices to prevent future methadone-

6

related deaths and methadone-related incidents. The best

7

practices shall be:

8

(i)  Promulgated by the department as regulations.

9

(ii)  Posted on the department's Internet website.

10

(5)  Collect and store data on the number of methadone-

11

related deaths and methadone-related incidents, and provide a

12

brief description of each death and incident. These

13

statistics shall be posted on the department's Internet

14

website and shall list the date and county of each death and

15

methadone-related incident and other relevant statistics as

16

determined by the team.

17

(6)  Develop a model form for county coroners and medical

18

examiners to use to report and transmit information regarding

19

methadone-related deaths to the team.

20

(7)  Prepare an annual report that shall be posted on the

21

department's Internet website and distributed to the chairman

22

and minority chairman of the Judiciary Committee of the

23

Senate, the chairman and minority chairman of the Public

24

Health and Welfare Committee of the Senate, the chairman and

25

minority chairman of the Judiciary Committee of the House of

26

Representatives and the chairman and minority chairman of the

27

Health and Human Services Committee of the House of

28

Representatives. Each report shall:

29

(i)  Provide public information regarding the

30

incidence and causes of methadone-related deaths and

- 4 -

 


1

methadone-related incidents.

2

(ii)  Provide aggregate data on five-year trends on

3

methadone use and abuse and methadone-related incidents

4

when such information is available.

5

(iii)  Make recommendations to prevent future

6

methadone deaths and abuse and methadone-related

7

incidents.

8

(iv)  Recommend changes to statutes and regulations

9

to decrease methadone-related deaths and methadone-

10

related incidents.

11

(v)  Provide a report on methadone-related incidents

12

and concerns regarding narcotic treatment programs.

13

(8)  Develop and publish on the department's Internet

14

website a list of meetings for each year.

15

Section 5.  Duties of coroner and medical examiner.

16

A county coroner or medical examiner shall forward all death

17

cases involving methadone as the primary or secondary cause of

18

death to the team for review. The county coroner and medical

19

examiner shall use the model form developed by the team to

20

transmit the data.

21

Section 6.  Review procedures.

22

The team may review the following information:

23

(1)  Coroner's reports or postmortem examination records.

24

(2)  Death certificates and birth certificates.

25

(3)  Law enforcement records and interviews with law

26

enforcement officials as long as the release of such records

27

will not jeopardize an ongoing criminal investigation or

28

proceeding.

29

(4)  Medical records from hospitals and other health care

30

providers.

- 5 -

 


1

(5)  Information and reports made available by the county

2

children and youth agency in accordance with 23 Pa.C.S. Ch.

3

63 (relating to child protective services).

4

(6)  Information made available by firefighters or

5

emergency services personnel.

6

(7)  Reports and records made available by the court to

7

the extent permitted by law or court rule.

8

(8)  EMS records.

9

(9)  Traffic fatality reports.

10

(10)  Any other records necessary to conduct the review.

11

(11)  Licensure facility surveys from the department

12

Bureau of Community Program Licensure and Certification,

13

Division of Drug and Alcohol Program Licensure.

14

Section 7.  Access to records.

15

(a)  Juvenile records.--When deemed necessary for its review,

16

the team may review and inspect all files and records of the

17

court relating to a child pursuant to a proceeding under 42

18

Pa.C.S. Ch. 63 (relating to juvenile matters) in accordance with

19

42 Pa.C.S. § 6307 (relating to inspection of court files and

20

records). However, this subsection shall not apply to files and

21

records of the court subject to a child fatality or near

22

fatality review pursuant to 23 Pa.C.S. Ch. 63 (relating to child

23

protective services).

24

(b)  Medical records.--Notwithstanding any other provision of

25

law and consistent with the Health Insurance Portability and

26

Accountability Act of 1996 (Public Law 104-191, 110 Stat. 1936)

27

and 42 CFR Pt. 2 (relating to confidentiality of alcohol and

28

drug abuse patient records), health care facilities and health

29

care providers shall provide medical records of an individual

30

under review without the authorization of a person of interest

- 6 -

 


1

to the team for purposes of review under this act.

2

(c)  Other records.--Other records pertaining to the

3

individual under review for the purposes of this act shall be

4

open to inspection as permitted by law.

5

Section 8.  Confidentiality.

6

(a)  Maintenance.--The team shall maintain the

7

confidentiality of any identifying information obtained relating

8

to the death of an individual or adverse incidents regarding

9

methadone, including the name of the individual, guardians,

10

family members, caretakers or alleged or suspected perpetrators

11

of abuse, neglect or a criminal act.

12

(b)  Agreement.--Each member of the team and any person

13

appearing before the team shall sign a confidentiality agreement

14

applicable to all proceedings and reviews conducted by the team. 

15

(c)  Liability.--An individual or agency that in good faith

16

provides information or records to the team shall not be subject

17

to civil or criminal liability as a result of providing the

18

information or record.

19

(d)  Discovery.--The proceedings, deliberations and records

20

of the team are privileged and confidential and shall not be

21

subject to discovery, subpoena or introduction into evidence in

22

any civil or criminal action.

23

(e)  Meetings.--Meetings of the team at which a specific

24

death is discussed shall be closed to the public and shall not

25

be subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to

26

open meetings).

27

(f)  Attendance.--Nothing in this act shall prevent the team

28

from allowing the attendance of a person with information

29

relevant to a review at a methadone death and incident team

30

review meeting.

- 7 -

 


1

(g)  Penalty.--A person who violates the provisions of this

2

section commits a misdemeanor of the third degree.

3

Section 20.  Regulations.

4

The department shall promulgate regulations as necessary to

5

carry out the purposes of this act.

6

Section 21.  Effective date.

7

This act shall take effect in 90 days.

- 8 -