Regular Session 2019-2020 House Bill 1662 P.N. 2207

PRINTER'S NO. 2207

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1662

Session of

2019

INTRODUCED BY DiGIROLAMO, KINSEY, ZABEL, SCHLOSSBERG, MILLARD,

HOHENSTEIN, HOWARD, DeLUCA, SAYLOR, T. DAVIS, FREEMAN,

NEILSON, SIMS, MOUL, HILL-EVANS, WEBSTER, POLINCHOCK, ROZZI,

NELSON, STRUZZI, PASHINSKI, RIGBY, SCHLEGEL CULVER, COMITTA,

GREGORY AND MIHALEK, JUNE 19, 2019

REFERRED TO COMMITTEE ON HUMAN SERVICES, JUNE 19, 2019

AN ACT

Amending the act of October 24, 2012 (P.L.1198, No.148),

entitled "An act establishing the Methadone Death and

Incident Review Team and providing for its powers and duties;

and imposing a penalty," further providing for title of act,

for short title, for definitions, for establishment of

Methadone Death and Incident Review Team, for team duties,

for duties of coroner and medical examiner, for review

procedures and for confidentiality.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The title and sections 1, 2, 3 heading, (a) and

(b)(3), 4, 5, 6 and 8(a) and (f) of the act of October 24, 2012

(P.L.1198, No.148), known as the Methadone Death and Incident

Review Act, are amended to read:

An Act

Establishing the Methadone and Buprenorphine Death and Incident

Review Team and providing for its powers and duties; and

imposing a penalty.

Section 1. Short title.

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

Buprenorphine 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 Drug and Alcohol Programs of

the Commonwealth.

"Methadone-related or buprenorphine-related death." A death

where methadone or buprenorphine was:

(1) a primary or secondary cause of death; or

(2) may have been a contributing factor.

"Methadone-related or buprenorphine-related incident." A

situation where methadone or buprenorphine may be a contributing

factor which:

(1) does not involve a fatality; and

(2) involves:

(i) a serious injury; or

(ii) unreasonable risk of death or serious injury.

["Narcotic treatment program."] "Opioid-assisted treatment

program." A program licensed and approved by the Department of

Drug and Alcohol Programs for chronic opiate drug users that

administers or dispenses agents under a narcotic treatment

physician's order, either for detoxification purposes or for

maintenance.

"Secretary." The Secretary of Drug and Alcohol Programs of

the Commonwealth.

"Team." The Methadone and Buprenorphine Death and Incident

Review Team established under section 3.

Section 3. Establishment of Methadone and Buprenorphine Death

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and Incident Review Team.

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

Methadone and Buprenorphine Death and Incident Review Team and

conduct a review and shall examine the circumstances surrounding

methadone-related or buprenorphine-related deaths and methadone-

related or buprenorphine-related incidents in this Commonwealth

for the purpose of promoting safety, reducing methadone-related

or buprenorphine-related deaths and methadone-related or

buprenorphine-related incidents and improving treatment

practices.

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

individuals:

* * *

(3) The following individuals appointed by the

secretary:

(i) A representative from [narcotic treatment

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

definitions)] an opioid-assisted treatment program.

(ii) A representative from a licensed drug and

alcohol addiction treatment program that is not defined

as [a narcotic treatment program] an opioid-assisted

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.

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(vi) A coroner or medical examiner recommended by a

Statewide association representing county coroners and

medical examiners.

(vii) A member of the public.

(viii) A patient or family advocate.

(ix) A representative from a recovery organization.

* * *

Section 4. Team duties.

The team shall:

(1) Review each death where methadone or buprenorphine

was either the primary or a secondary cause of death and

review methadone-related or buprenorphine-related incidents.

(2) Determine the role that methadone or buprenorphine

played in each death and methadone-related or buprenorphine-

related incident.

(3) Communicate concerns to regulators and facilitate

communication within the health care and legal systems about

issues that could threaten health and public safety.

(4) Develop best practices to prevent future methadone-

related or buprenorphine-related deaths and methadone-related

or buprenorphine-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 or buprenorphine-related deaths and methadone-related

or buprenorphine-related incidents and provide a brief

description of each death and incident. The aggregate

statistics shall be posted on the department's Internet

website. The team may collect and store data concerning

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deaths and incidents related to other drugs used in opiate

treatment.

(6) Develop a form for the submission of methadone-

related or buprenorphine-related deaths and methadone-related

or buprenorphine-related incidents to the team by any

concerned party.

(7) Develop, in consultation with a Statewide

association representing county coroners and medical

examiners, a model form for county coroners and medical

examiners to use to report and transmit information regarding

methadone-related or buprenorphine-related deaths to the

team. The team and the Statewide association representing

county coroners and medical examiners shall collaborate to

ensure that all methadone-related or buprenorphine-related

deaths are, to the fullest extent possible, identified by

coroners and medical examiners.

(8) Develop and implement any other strategies that the

team identifies to ensure that the most complete collection

of methadone-related or buprenorphine-related death and

methadone-related or buprenorphine-related serious incident

cases reasonably possible is created.

(9) 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:

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(i) Provide public information regarding the number

and causes of methadone-related or buprenorphine-related

deaths and methadone-related or buprenorphine-related

incidents.

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

methadone-related or buprenorphine-related deaths and

methadone-related or buprenorphine-related incidents when

such information is available.

(iii) Make recommendations to prevent future

methadone-related or buprenorphine-related deaths,

methadone-related or buprenorphine-related incidents and

abuse and set forth the department's plan for

implementing the recommendations.

(iv) Recommend changes to statutes and regulations

to decrease methadone-related or buprenorphine-related

deaths and methadone-related or buprenorphine-related

incidents.

(v) Provide a report on methadone-related or

buprenorphine-related deaths and methadone-related or

buprenorphine-related incidents and concerns regarding

[narcotic] opioid-assisted treatment programs.

(10) 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

methadone-related or buprenorphine-related death cases 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:

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(1) Coroner's reports or postmortem examination records

unless otherwise prohibited by Federal or State laws,

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, other health care

providers and [narcotic treatment programs] opioid-assisted

treatment programs.

(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) [Narcotic treatment program] O pioid-assisted

treatment program incident reports.

(11) [Narcotic treatment program] Opioid-assisted

treatment program licensure surveys from the program

licensure division.

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

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

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methadone or buprenorphine, including the name of the

individual, guardians, family members, caretakers or alleged or

suspected perpetrators of abuse, neglect or a criminal act.

* * *

(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 or buprenorphine death and

incident team review meeting.

* * *

Section 2. This act shall take effect in 60 days.

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