THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DiGIROLAMO, COHEN, BAKER, BRENNAN, CALTAGIRONE, CAUSER, D. COSTA, CUTLER, J. EVANS, FLECK, GEIST, GEORGE, GINGRICH, GODSHALL, GOODMAN, HORNAMAN, JOHNSON, KAUFFMAN, KILLION, KORTZ, KOTIK, MANN, MURPHY, M. O'BRIEN, O'NEILL, PASHINSKI, PYLE, READSHAW, REED, SABATINA, SANTARSIERO, SCHRODER, J. TAYLOR, VULAKOVICH, WATSON, CLYMER, K. SMITH, DAVIS, DENLINGER, KULA, MATZIE, MURT, YOUNGBLOOD, HESS, BOBACK AND RAVENSTAHL, JANUARY 20, 2011

AS RE-REPORTED FROM COMMITTEE ON HUMAN SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 8, 2011   

AN ACT

Establishing the Methadone Death and Incident Review Team and

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

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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

Death and Incident Review Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

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

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

drug and alcohol addiction treatment program that is not

licensed as a narcotic treatment program by the Department of

Health.

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

patient or family advocate at a drug and alcohol addiction

treatment program or a group of programs.

"Team."  The Methadone Death and Incident Review Team

established under section 3.

Section 3.  Establishment of Methadone Death and Incident Review

Team.

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

Methadone Death and Incident Review Team and conduct a methadone

death review for all deaths where methadone was either a primary

or secondary cause of death. The team shall examine the

circumstances surrounding methadone-related deaths in this

Commonwealth for the purpose of promoting safety and reducing

methadone-related deaths. The deaths that may be reviewed

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

vehicle accidents involving methadone patients. In addition, the

team shall act as a repository for complaints and problems

arising from the operation of opiate treatment programs.

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

individuals:

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

serve as the chairperson of the team.

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

Programs.

(3)  The following individuals appointed by the Secretary

of Health:

(i)  Representatives A representative from narcotic

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treatment programs as defined in 28 Pa. Code § 701.1

(relating to general definitions).

(ii)  Representatives A representative from a

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licensed drug and alcohol addiction treatment program

that is not defined as a narcotic treatment program.

(iii)  A representative from law enforcement

recommended by a Statewide association representing

members of law enforcement.

(iv)  A representative from the medical community

recommended by a Statewide association representing

physicians.

(v)  A district attorney recommended by a Statewide

association representing district attorneys.

(vi)  A coroner or medical examiner recommended by a

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Statewide association representing county coroners and 

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medical examiners.

(vii)  A coroner recommended by a Statewide

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association representing county coroners.

(viii) (vii)  A member of the public.

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(ix) (viii)  A patient or family advocate.

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

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

During this initial meeting, the team shall develop a schedule

for its work and reports.

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

compensation but shall be reimbursed for travel and other

necessary expenses.

Section 4.  Team duties.

The team shall:

(1)  Review each death where methadone was either the

primary or a secondary cause of death and review methadone-

related incidents.

(2)  Determine the role that methadone played in each

death and methadone-related incident.

(3)  Communicate concerns to regulators and ensure

communication throughout the system about issues that could

threaten health and public safety.

(4)  Develop best practices to prevent future methadone-

related deaths and methadone-related incidents. The best

practices shall be:

(i)  Promulgated by the department as regulations.

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

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

related deaths and methadone-related incidents, and provide a

brief description of each death and incident. These aggregate 

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statistics shall be posted on the department's Internet

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

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methadone-related incident and other relevant statistics as

determined by the team.

(6)  Develop in consultation with the coroners and

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medical examiners a model form for county coroners and

medical examiners to use to report and transmit information

regarding methadone-related deaths to the team.

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

department's Internet website and distributed to the chairman

and minority chairman of the Judiciary Committee of the

Senate, the chairman and minority chairman of the Public

Health and Welfare Committee of the Senate, the chairman and

minority chairman of the Judiciary Committee of the House of

Representatives and the chairman and minority chairman of the

Human Services Committee of the House of Representatives.

Each report shall:

(i)  Provide public information regarding the

incidence and causes of methadone-related deaths and

methadone-related incidents.

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

methadone use and abuse and methadone-related incidents

when such information is available.

(iii)  Make recommendations to prevent future

methadone deaths and abuse and methadone-related

incidents.

(iv)  Recommend changes to statutes and regulations

to decrease methadone-related deaths and methadone-

related incidents.

(v)  Provide a report on methadone-related incidents

and concerns regarding narcotic treatment programs.

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

website a list of meetings for each year.

Section 5.  Duties of coroner and medical examiner.

A county coroner or medical examiner shall forward all death

cases involving methadone as the primary or secondary cause of

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

examiner shall use the model form developed by the team to

transmit the data.

Section 6.  Review procedures.

The team may review the following information:

(1)  Coroner's reports or postmortem examination records 

unless otherwise prohibited by Federal or State laws,

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regulations or court decisions.

(2)  Death certificates and birth certificates.

(3)  Law enforcement records and interviews with law

enforcement officials as long as the release of such records

will not jeopardize an ongoing criminal investigation or

proceeding.

(4)  Medical records from hospitals and other health care

providers.

(5)  Information and reports made available by the county

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

63 (relating to child protective services).

(6)  Information made available by firefighters or

emergency services personnel.

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

the extent permitted by law or court rule.

(8)  EMS records.

(9)  Traffic fatality reports.

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

(11)  Licensure facility surveys from the department

Bureau of Community Program Licensure and Certification,

Division of Drug and Alcohol Program Licensure.

Section 7.  Access to records.

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

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

court relating to a child pursuant to a proceeding under 42

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

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

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

records of the court subject to a child fatality or near

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

protective services).

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

law and consistent with the Health Insurance Portability and

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

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

drug abuse patient records), health care facilities and health

care providers shall provide medical records of an individual

under review without the authorization of a person of interest

to the team for purposes of review under this act.

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

individual under review for the purposes of this act shall be

open to inspection as permitted by law.

Section 8.  Confidentiality.

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

confidentiality of any identifying information obtained relating

to the death of an individual or adverse incidents regarding

methadone, including the name of the individual, guardians,

family members, caretakers or alleged or suspected perpetrators

of abuse, neglect or a criminal act.

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

appearing before the team shall sign a confidentiality agreement

applicable to all proceedings and reviews conducted by the team. 

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

provides information or records to the team shall not be subject

to civil or criminal liability as a result of providing the

information or record.

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

of the team are privileged and confidential and shall not be

subject to the act of February 14, 2008 (P.L.6, No.3), known as

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the Right-to-Know Law, discovery, subpoena or introduction into

evidence in any civil or criminal action.

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

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

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

open meetings).

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

from allowing the attendance of a person with information

relevant to a review at a methadone death and incident team

review meeting.

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

section commits a misdemeanor of the third degree.

Section 9.  Transfer to Department of Drug and Alcohol Programs.

On July 1, 2011, all powers and duties of the Department of

Health under this act shall be transferred to the Department of

Drug and Alcohol Programs with the same force and effect as if

the powers and duties had been granted to the Department of Drug

and Alcohol Programs in the first instance.

Section 10.  Regulations.

The department shall promulgate regulations as necessary to

carry out the purposes of this act.

Section 11.  Effective date.

This act shall take effect in 90 days.