PRIOR PRINTER'S NO. 1400
PRINTER'S NO. 2316
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1308
Session of
2021
INTRODUCED BY SCHLOSSBERG, FREEMAN, GUENST, HILL-EVANS,
HOHENSTEIN, HOWARD, KENYATTA, MADDEN, SAMUELSON AND SANCHEZ,
APRIL 30, 2021
AS REPORTED FROM COMMITTEE ON HUMAN SERVICES, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 26, 2021
AN ACT
Providing for establishment of overdose fatality review teams,
for duties of Department of Health, for confidentiality of
overdose fatality review team records and criminal and civil
liability protections.
PROVIDING FOR ESTABLISHMENT OF SUICIDE AND OVERDOSE DEATH REVIEW
TEAMS, FOR DUTIES OF SUICIDE AND OVERDOSE DEATH REVIEW TEAMS,
DUTIES OF DEPARTMENT OF HEALTH, FOR CONFIDENTIALITY OF
SUICIDE AND OVERDOSE DEATH REVIEW TEAM RECORDS AND FOR
CRIMINAL AND CIVIL LIABILITY PROTECTIONS.
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 Overdose
Fatality Review Act.
Section 2. Declaration of purpose.
The General Assembly finds and declares that the purpose of
this act is to authorize local communities to establish overdose
fatality review teams as multidisciplinary teams assembled to
conduct confidential reviews of overdose death cases in
compliance with all applicable Federal and State laws regarding
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confidentiality.
Section 3. 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:
"County." A county of the first class, second class, second
class A, third class, fourth class, fifth class, sixth class,
seventh class and eighth class.
"Deceased individual." An individual who died from a drug
overdose event.
"Department." The Department of Health of the Commonwealth.
"Local department of health." Any of the following:
(1) A local department of health established by a
municipality.
(2) A single-county department of health or joint-county
department of health established under the act of August 24,
1951 (P.L.1304, No.315), known as the Local Health
Administration Law.
"Municipality." A county, city, borough, incorporated town
or township.
"Overdose." A drug or alcohol overdose.
"Overdose fatality review team." An overdose fatality review
team established under section 4(a).
Section 4. Establishment of overdose fatality review teams.
(a) Establishment.--A local department of health shall
establish an overdose fatality review team for the purposes
specified under this act. The overdose fatality review team
shall consist of the following individuals selected by the local
department of health:
(1) An individual licensed as a physician or an
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osteopathic physician who practices as a psychiatrist.
(2) An individual licensed as a psychologist.
(3) A county coroner or medical examiner.
(4) A health care provider who specializes in the
prevention, diagnosis and treatment of substance abuse
disorders.
(5) A local behavioral health director or designee.
(6) A local representative of an emergency medical
services provider.
(7) An individual with a background in prescription drug
misuse and diversion.
(8) An individual who is a member of the education
community with experience related to existing and potential
substance abuse disorders and overdose prevention efforts for
students in primary and secondary schools.
(9) An individual who is a member of the law enforcement
community with experience related to existing and potential
substance abuse disorders and overdose prevention efforts for
individuals who are involved with the law enforcement system.
(10) A representative of an organization that advocates
for individuals with substance abuse disorders and their
family members.
(11) Any other individual deemed necessary by the local
department of heath to administer the overdose fatality
review team's duties under this act, including an individual
with experience and knowledge regarding health, social
services, law enforcement, education, emergency medicine,
mental health, juvenile delinquency, adult and juvenile
probation or drug and alcohol abuse.
(b) Duties.--An overdose fatality review team shall have all
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of the following duties:
(1) Upon receipt of a report of an overdose death that
has been forwarded to the overdose fatality review team,
conduct a multidisciplinary review of all available
information on the deceased individual.
(2) Establish policies and procedures for pooling all
available information on overdose deaths from State, county
and local agencies, law enforcement and private entities that
comply with all applicable Federal and State laws regarding
confidentiality.
(3) Identify points of contact between the deceased
individual and health care systems, social services systems,
criminal justice systems and other systems involved with the
deceased individual.
(4) Identify the risk factors that put individuals at
risk for an overdose within the overdose fatality review
team's jurisdiction.
(5) Promote cooperation and coordination across State,
county and local agencies involved in overdose
investigations.
(6) Recommend improvements in sources of information
relating to investigating reported overdose deaths, including
standards for the uniform and consistent reporting of
overdose deaths by law enforcement or other emergency service
responders within the overdose fatality review team's
jurisdiction.
(7) Recommend improvements to State laws and local
partnerships, policies and practices to prevent overdose
deaths.
(c) Chair, vacancies and meetings.--An overdose fatality
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review team shall select a chair by a majority vote of a quorum
of the overdose fatality review team's members. A majority of
the overdose fatality review team's members shall constitute a
quorum. The overdose fatality review team shall meet at least
quarterly to conduct business and review overdose fatality cases
transmitted to the overdose fatality review team. A vacancy in
the overdose fatality review team shall be filled in accordance
with subsection (a).
(d) Interviews.--If an overdose fatality review team opts to
contact a family member or caregiver of the deceased individual
to conduct an interview with the family member or caregiver, the
overdose fatality review team shall develop protocols for
initiating the contact and conducting the interview. The
protocols shall be based on trauma-informed care principles and
address all of the following:
(1) The overdose fatality review team's collection, use
and disclosure of information and records to the family
member or caregiver.
(2) Providing notice to the family member or caregiver
that the interview is voluntary.
(3) Ensuring that information attained from the
interview is confidential.
(e) Annual report.--An overdose fatality review team shall
summarize and share priority recommendations and aggregated,
nonindividually identifiable findings in an annual report. A
local department of health shall publish the annual report under
this subsection on the local department of health's publicly
accessible Internet website for use by staff for a variety of
purposes, including evaluations, policy considerations and
health care program enhancements. The annual report under this
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section shall comply with confidentiality requirements under
section 6(b).
Section 5. Duties of department.
The department, in collaboration with the Department of Drug
and Alcohol Programs, shall have all of the following duties:
(1) Assist in collecting the reports of an overdose
fatality review team.
(2) Provide technical assistance to an overdose fatality
review team in conducting overdose death reviews.
(3) Facilitate communication among overdose fatality
review teams.
(4) Transmit available information to an appropriate
overdose fatality review team regarding an overdose death in
the overdose fatality review team's jurisdiction, including
all of the following information:
(i) The deceased individual's age, race, gender,
county of residence and county of death.
(ii) The date, manner, cause and specific
circumstances of the overdose death as recorded on the
deceased individual's completed death certificate.
(5) Provide an overdose fatality review team access to
all of the following:
(i) Information and records maintained by a health
care provider related to the deceased individual's
physical health, mental health and substance abuse
disorder treatment.
(ii) Any relevant information and records maintained
by a State or local agency, including any of the
following:
(A) The deceased individual's criminal history
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records and records of probation and parole if the
transmission of the records does not affect an
ongoing criminal investigation.
(B) The deceased individual's access to various
lethal means, social service records, school records
and educational histories and coroner or medical
examiner records, including autopsy and toxicology
reports.
(6) Promulgate regulations necessary to implement this
act.
Section 6. Confidentiality of overdose fatality review team
records.
(a) Meetings.--An overdose fatality review team meeting
shall be closed to the public and information discussed at the
meeting shall be deemed confidential.
(b) Records.--The proceedings, records and opinions reviewed
by an overdose fatality review team shall remain confidential
and may not be disclosed under the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law. The proceedings,
records and opinions of an overdose fatality review team shall
be confidential and may not be subject to discovery, subpoena or
introduction into evidence in a criminal or civil proceeding. A
member of an overdose fatality review team may not be questioned
in a criminal or civil proceeding regarding information
presented in or opinions formed as a result of a meeting of the
overdose fatality review team. Nothing in this subsection shall
be construed to prevent a member of an overdose fatality review
team from testifying in a criminal or civil proceeding to
information obtained independently of the overdose fatality
review team or which is public information.
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Section 7. Criminal and civil liability protections.
An individual who, in good faith, participates as a member of
an overdose fatality review team or provides information to
achieve the duties of an overdose fatality review team may not
be subject to criminal or civil liability as a result of the
participation or information.
Section 8. Effective date.
This act shall take effect in 30 days.
SECTION 1. SHORT TITLE.
THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE SUICIDE AND
OVERDOSE DEATH 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:
"COUNTY." A COUNTY OF THE FIRST CLASS, SECOND CLASS, SECOND
CLASS A, THIRD CLASS, FOURTH CLASS, FIFTH CLASS, SIXTH CLASS,
SEVENTH CLASS AND EIGHTH CLASS.
"DECEASED INDIVIDUAL." AN INDIVIDUAL WHO DIED BY SUICIDE OR
FATAL OVERDOSE.
"DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
"LOCAL DEPARTMENT OF HEALTH." ANY OF THE FOLLOWING:
(1) A LOCAL DEPARTMENT OF HEALTH ESTABLISHED BY A
MUNICIPALITY.
(2) A SINGLE-COUNTY DEPARTMENT OF HEALTH OR JOINT-COUNTY
DEPARTMENT OF HEALTH ESTABLISHED UNDER THE ACT OF AUGUST 24,
1951 (P.L.1304, NO.315), KNOWN AS THE LOCAL HEALTH
ADMINISTRATION LAW.
"MUNICIPALITY." A COUNTY, CITY, BOROUGH, INCORPORATED TOWN
OR TOWNSHIP.
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"OVERDOSE." A DRUG OR ALCOHOL OVERDOSE.
"SUICIDE AND OVERDOSE DEATH REVIEW TEAM." A SUICIDE AND
OVERDOSE DEATH REVIEW TEAM ESTABLISHED UNDER SECTION 3(A).
SECTION 3. ESTABLISHMENT OF SUICIDE AND OVERDOSE DEATH REVIEW
TEAMS.
(A) ESTABLISHMENT.--A LOCAL DEPARTMENT OF HEALTH MAY
ESTABLISH A SUICIDE AND OVERDOSE DEATH REVIEW TEAM FOR THE
PURPOSE OF GATHERING INFORMATION CONCERNING SUICIDES AND
OVERDOSE FATALITIES AND TO USE THE INFORMATION GATHERED TO
IMPROVE COMMUNITY RESOURCES AND SYSTEMS OF CARE TO REDUCE
SUICIDES AND OVERDOSE FATALITIES. THE FOLLOWING SHALL APPLY:
(1) A SUICIDE AND OVERDOSE DEATH REVIEW TEAM MAY BE
ESTABLISHED IN A COUNTY OR MULTIPLE COUNTIES IN THIS
COMMONWEALTH.
(2) UPON THE ESTABLISHMENT OF A SUICIDE AND OVERDOSE
DEATH REVIEW TEAM, THE SUICIDE AND OVERDOSE DEATH REVIEW TEAM
SHALL NOTIFY THE DEPARTMENT OF THE ESTABLISHMENT OF THE
SUICIDE AND OVERDOSE DEATH REVIEW TEAM.
(3) A SUICIDE AND OVERDOSE DEATH REVIEW TEAM SHALL BE
MULTIDISCIPLINARY AND CULTURALLY DIVERSE AND INCLUDE
PROFESSIONALS AND REPRESENTATIVES FROM ORGANIZATIONS THAT
PROVIDE SERVICES OR COMMUNITY RESOURCES FOR FAMILIES IN THE
COMMUNITY SERVED BY THE SUICIDE AND OVERDOSE DEATH REVIEW
TEAM.
(B) MEMBERSHIP.--
(1) A LOCAL DEPARTMENT OF HEALTH SHALL SELECT THE
FOLLOWING MEMBERS FOR A SUICIDE AND OVERDOSE DEATH REVIEW
TEAM:
(I) A CORONER OR MEDICAL EXAMINER.
(II) A PATHOLOGIST.
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(III) A LICENSED PSYCHOLOGIST UNDER THE ACT OF MARCH
23, 1972 (P.L.136, NO.52), KNOWN AS THE PROFESSIONAL
PSYCHOLOGISTS PRACTICE ACT.
(IV) A LICENSED PHYSICIAN UNDER THE ACT OF DECEMBER
20, 1985 (P.L.457, NO.112), KNOWN AS THE MEDICAL PRACTICE
ACT OF 1985, OR A LICENSED PHYSICIAN UNDER THE ACT OF
OCTOBER 5, 1978 (P.L.1109, NO.261), KNOWN AS THE
OSTEOPATHIC MEDICAL PRACTICE ACT, WHO PRACTICES AS A
PSYCHIATRIST.
(V) A LOCAL BEHAVIORAL HEALTH DIRECTOR OR A
DESIGNEE.
(VI) AN INDIVIDUAL WHO IS A MEMBER OF THE EDUCATION
COMMUNITY WITH EXPERIENCE REGARDING EXISTING AND
POTENTIAL SUICIDE AND OVERDOSE PREVENTION EFFORTS FOR
STUDENTS IN PRIMARY AND SECONDARY SCHOOLS.
(VII) AN INDIVIDUAL WHO IS A MEMBER OF THE LAW
ENFORCEMENT COMMUNITY WITH EXPERIENCE REGARDING EXISTING
AND POTENTIAL SUICIDE AND OVERDOSE PREVENTION EFFORTS FOR
INDIVIDUALS WHO ARE INVOLVED WITH THE LAW ENFORCEMENT
SYSTEM.
(VIII) A REPRESENTATIVE OF AN ORGANIZATION THAT
ADVOCATES FOR INDIVIDUALS WITH MENTAL ILLNESSES AND THEIR
FAMILY MEMBERS.
(IX) A REPRESENTATIVE OF AN ORGANIZATION THAT
ADVOCATES FOR INDIVIDUALS WITH SUBSTANCE ABUSE DISORDERS
AND THEIR FAMILY MEMBERS.
(X) A REPRESENTATIVE FROM A SINGLE COUNTY AUTHORITY.
(2) IN ADDITION TO THE MEMBERS SELECTED UNDER PARAGRAPH
(1), A LOCAL DEPARTMENT OF HEALTH MAY SELECT MEMBERS FOR A
SUICIDE AND OVERDOSE DEATH REVIEW TEAM AS DEEMED NECESSARY BY
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THE LOCAL DEPARTMENT OF HEALTH TO ADMINISTER THE SUICIDE AND
OVERDOSE DEATH REVIEW TEAM'S DUTIES UNDER SECTION 4,
INCLUDING AN INDIVIDUAL WITH EXPERIENCE AND KNOWLEDGE
REGARDING HEALTH, SOCIAL SERVICES, LAW ENFORCEMENT,
EDUCATION, EMERGENCY MEDICINE, MENTAL HEALTH, JUVENILE
DELINQUENCY, ADULT AND JUVENILE PROBATION OR DRUG AND ALCOHOL
ABUSE.
(C) CHAIR, VACANCIES AND MEETINGS.--A SUICIDE AND OVERDOSE
DEATH REVIEW TEAM SHALL SELECT A CHAIR BY A MAJORITY VOTE OF A
QUORUM OF THE SUICIDE AND OVERDOSE DEATH REVIEW TEAM'S MEMBERS.
A MAJORITY OF THE SUICIDE AND OVERDOSE DEATH REVIEW TEAM'S
MEMBERS SHALL CONSTITUTE A QUORUM. THE SUICIDE AND OVERDOSE
DEATH REVIEW TEAM SHALL MEET AT LEAST QUARTERLY TO CONDUCT
BUSINESS AND REVIEW QUALIFYING DEATHS UNDER SECTION 4(B). A
VACANCY IN THE SUICIDE AND OVERDOSE DEATH REVIEW TEAM SHALL BE
FILLED IN ACCORDANCE WITH SUBSECTION (B).
SECTION 4. DUTIES OF SUICIDE AND OVERDOSE DEATH REVIEW TEAMS.
(A) DUTIES.--UPON RECEIPT OF A REPORT OF A QUALIFYING DEATH
UNDER SUBSECTION (B), A SUICIDE AND OVERDOSE DEATH REVIEW TEAM
SHALL CONDUCT A MULTI-DISCIPLINARY REVIEW OF ALL AVAILABLE
INFORMATION ON THE DECEASED INDIVIDUAL. THE SUICIDE AND OVERDOSE
DEATH REVIEW TEAM SHALL HAVE ALL OF THE FOLLOWING DUTIES:
(1) IDENTIFY THE FACTORS THAT CONTRIBUTED TO THE DEATH
OF THE DECEASED INDIVIDUAL.
(2) DETERMINE WHETHER SIMILAR FATALITIES MAY BE
PREVENTED IN THE FUTURE.
(3) IF APPLICABLE, IDENTIFY ANY OF THE FOLLOWING:
(I) POINTS OF CONTACT BETWEEN THE DECEASED
INDIVIDUAL AND HEALTH CARE SYSTEMS, SOCIAL SERVICES
SYSTEMS, CRIMINAL JUSTICE SYSTEMS AND OTHER SYSTEMS
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INVOLVED WITH THE DECEASED INDIVIDUAL.
(II) RESOURCES THAT MAY BE USED TO ASSIST IN THE
PREVENTION OF A SIMILAR DEATH.
(4) IF APPLICABLE, IDENTIFY SOLUTIONS FOR THE PURPOSE OF
ANY OF THE FOLLOWING:
(I) IMPROVING PRACTICE AND POLICY.
(II) PROMOTING COORDINATION BETWEEN STATE, COUNTY
AND LOCAL AGENCIES, LAW ENFORCEMENT, PRIVATE ENTITIES AND
RESOURCES IDENTIFIED UNDER PARAGRAPH (3)(II).
(III) CONSOLIDATING ALL AVAILABLE INFORMATION ON
SUICIDE AND OVERDOSE FATALITIES FROM STATE, COUNTY AND
LOCAL AGENCIES, LAW ENFORCEMENT AND PRIVATE ENTITIES IN
ACCORDANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS
REGARDING CONFIDENTIALITY.
(B) QUALIFYING DEATHS.--A SUICIDE AND OVERDOSE DEATH REVIEW
TEAM SHALL REVIEW THE DEATH OF AN INDIVIDUAL WHOSE DEATH
OCCURRED IN THE AREA SERVED BY THE SUICIDE AND OVERDOSE DEATH
REVIEW TEAM IF ANY OF THE FOLLOWING CONDITIONS ARE MET:
(1) THE INDIVIDUAL'S CAUSE OF DEATH IS LISTED AS ANY OF
THE FOLLOWING:
(I) POISONING.
(II) INTOXICATION.
(III) TOXICITY.
(IV) INHALATION.
(V) INGESTION.
(VI) OVERDOSE.
(VII) EXPOSURE.
(VIII) CHEMICAL USE.
(IX) NEONATAL ABSTINENCE SYNDROME EFFECTS.
(2) THE INDIVIDUAL'S MANNER OF DEATH IS CLASSIFIED AS
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ANY OF THE FOLLOWING:
(I) ACCIDENT.
(II) SUICIDE.
(III) UNDETERMINED.
(3) THE INDIVIDUAL'S MANNER OF DEATH IS CLASSIFIED AS
NATURAL, BUT DRUG INTOXICATION OR EXPOSURE IS LISTED AS A
CONTRIBUTING FACTOR.
(C) INTERVIEWS.--IF A SUICIDE AND OVERDOSE DEATH REVIEW TEAM
OPTS TO CONTACT A FAMILY MEMBER OR CAREGIVER OF A DECEASED
INDIVIDUAL TO CONDUCT AN INTERVIEW WITH THE FAMILY MEMBER OR
CAREGIVER, THE SUICIDE AND OVERDOSE DEATH REVIEW TEAM SHALL
DEVELOP PROTOCOLS FOR INITIATING THE CONTACT AND CONDUCTING THE
INTERVIEW. THE PROTOCOLS SHALL BE BASED ON TRAUMA-INFORMED CARE
PRINCIPLES AND ADDRESS ALL OF THE FOLLOWING:
(1) THE SUICIDE AND OVERDOSE DEATH REVIEW TEAM'S
COLLECTION, USE AND DISCLOSURE OF INFORMATION AND RECORDS TO
THE FAMILY MEMBER OR CAREGIVER.
(2) PROVIDING NOTICE TO THE FAMILY MEMBER OR CAREGIVER
THAT THE INTERVIEW IS VOLUNTARY.
(3) ENSURING THAT INFORMATION ATTAINED FROM THE
INTERVIEW IS CONFIDENTIAL.
(D) ANNUAL REPORT.--A SUICIDE AND OVERDOSE DEATH REVIEW TEAM
SHALL PREPARE AN ANNUAL REPORT. THE LOCAL DEPARTMENT OF HEALTH
SHALL POST THE ANNUAL REPORT UNDER THIS SUBSECTION ON THE LOCAL
DEPARTMENT OF HEALTH'S PUBLICLY ACCESSIBLE INTERNET WEBSITE FOR
THE PURPOSE OF EVALUATIONS, POLICY CONSIDERATIONS AND HEALTH
CARE PROGRAM ENHANCEMENTS. THE ANNUAL REPORT UNDER THIS
SUBSECTION SHALL COMPLY WITH CONFIDENTIALITY REQUIREMENTS UNDER
SECTION 6(B). THE ANNUAL REPORT UNDER THIS SUBSECTION SHALL
INCLUDE ALL THE FOLLOWING INFORMATION:
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(1) A SUMMARY OF THE AGGREGATED, NONINDIVIDUALLY
IDENTIFIABLE FINDINGS OF THE SUICIDE AND OVERDOSE DEATH
REVIEW TEAM FOR THE PREVIOUS YEAR.
(2) RECOMMENDATIONS TO IMPROVE SYSTEMS OF CARE AND
COMMUNITY RESOURCES TO REDUCE FATAL SUICIDES AND OVERDOSES IN
THE SUICIDE AND OVERDOSE DEATH REVIEW TEAM'S JURISDICTION.
(3) PROPOSED SOLUTIONS FOR INADEQUACIES IN THE SYSTEMS
OF CARE.
(4) RECOMMENDATIONS TO IMPROVE SOURCES OF INFORMATION
REGARDING THE INVESTIGATION OF REPORTED SUICIDES AND OVERDOSE
FATALITIES, INCLUDING STANDARDS FOR THE UNIFORM AND
CONSISTENT REPORTING OF FATAL SUICIDES AND OVERDOSES BY LAW
ENFORCEMENT OR OTHER EMERGENCY SERVICE RESPONDERS WITHIN THE
SUICIDE AND OVERDOSE DEATH REVIEW TEAM'S JURISDICTION.
(5) RECOMMENDATIONS FOR IMPROVEMENTS TO STATE LAWS AND
LOCAL PARTNERSHIPS, POLICIES AND PRACTICES TO PREVENT SUICIDE
AND OVERDOSE FATALITIES.
SECTION 5. DUTIES OF DEPARTMENT.
THE DEPARTMENT, IN COLLABORATION WITH THE DEPARTMENT OF HUMAN
SERVICES AND THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAMS, SHALL
HAVE ALL OF THE FOLLOWING DUTIES:
(1) ASSIST IN COLLECTING THE REPORTS OF A SUICIDE AND
OVERDOSE DEATH REVIEW TEAM.
(2) PROVIDE TECHNICAL ASSISTANCE TO A SUICIDE AND
OVERDOSE DEATH REVIEW TEAM IN CONDUCTING SUICIDE AND OVERDOSE
DEATH REVIEWS.
(3) FACILITATE COMMUNICATION AMONG SUICIDE AND OVERDOSE
DEATH REVIEW TEAMS.
(4) TRANSMIT AVAILABLE INFORMATION TO AN APPROPRIATE
SUICIDE AND OVERDOSE DEATH REVIEW TEAM REGARDING A FATAL
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SUICIDE OR OVERDOSE IN THE SUICIDE AND OVERDOSE DEATH REVIEW
TEAM'S JURISDICTION, INCLUDING ALL OF THE FOLLOWING
INFORMATION:
(I) THE DECEASED INDIVIDUAL'S AGE, RACE, GENDER,
COUNTY OF RESIDENCE AND COUNTY OF DEATH.
(II) THE DATE, MANNER, CAUSE AND SPECIFIC
CIRCUMSTANCES OF THE SUICIDE OR OVERDOSE DEATH AS
RECORDED ON THE DECEASED INDIVIDUAL'S COMPLETED DEATH
CERTIFICATE.
(5) PROVIDE A SUICIDE AND OVERDOSE DEATH REVIEW TEAM
ACCESS TO ALL OF THE FOLLOWING:
(I) INFORMATION AND RECORDS MAINTAINED BY A HEALTH
CARE PROVIDER REGARDING A DECEASED INDIVIDUAL'S PHYSICAL
HEALTH, MENTAL HEALTH AND SUBSTANCE USE DISORDER
TREATMENT.
(II) ANY RELEVANT INFORMATION AND RECORDS MAINTAINED
BY A STATE OR LOCAL AGENCY, INCLUDING ANY OF THE
FOLLOWING:
(A) A DECEASED INDIVIDUAL'S CRIMINAL HISTORY
RECORDS AND RECORDS OF PROBATION AND PAROLE IF THE
TRANSMISSION OF THE RECORDS DOES NOT AFFECT AN
ONGOING CRIMINAL INVESTIGATION.
(B) A DECEASED INDIVIDUAL'S ACCESS TO VARIOUS
LETHAL MEANS, SOCIAL SERVICE RECORDS, SCHOOL RECORDS,
EDUCATIONAL HISTORIES AND DISCIPLINARY OR HEALTH
RECORDS GENERATED BY A LOCAL SCHOOL SYSTEM, AND
CORONER OR MEDICAL EXAMINER RECORDS, INCLUDING
AUTOPSY AND TOXICOLOGY REPORTS.
(C) ANY OTHER RECORD CONCERNING THE ASSESSMENT,
CARE, DIAGNOSIS, NEAR DEATH OR TREATMENT OF A
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DECEASED INDIVIDUAL.
(6) PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THIS
ACT.
SECTION 6. CONFIDENTIALITY OF SUICIDE AND OVERDOSE DEATH REVIEW
TEAM RECORDS.
(A) MEETINGS.--A SUICIDE AND OVERDOSE DEATH REVIEW TEAM
MEETING SHALL BE CLOSED TO THE PUBLIC AND INFORMATION DISCUSSED
AT THE MEETING SHALL BE CONFIDENTIAL.
(B) RECORDS.--THE PROCEEDING, RECORDS AND OPINIONS OF A
SUICIDE AND OVERDOSE DEATH REVIEW TEAM MAY NOT BE DISCLOSED
UNDER THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE
RIGHT-TO-KNOW LAW. THE PROCEEDINGS, RECORDS AND OPINIONS OF A
SUICIDE AND OVERDOSE DEATH REVIEW TEAM SHALL BE CONFIDENTIAL AND
MAY NOT BE SUBJECT TO DISCOVERY, SUBPOENA OR INTRODUCTION INTO
EVIDENCE IN A CRIMINAL OR CIVIL PROCEEDING. A MEMBER OF A
SUICIDE AND OVERDOSE DEATH REVIEW TEAM MAY NOT BE QUESTIONED IN
A CRIMINAL OR CIVIL PROCEEDING REGARDING INFORMATION PRESENTED
IN OR OPINIONS FORMED AS A RESULT OF A MEETING OF THE SUICIDE
AND OVERDOSE DEATH REVIEW TEAM. NOTHING IN THIS SUBSECTION SHALL
BE CONSTRUED TO PREVENT A MEMBER OF A SUICIDE AND OVERDOSE DEATH
REVIEW TEAM FROM TESTIFYING IN A CRIMINAL OR CIVIL PROCEEDING TO
INFORMATION OBTAINED INDEPENDENTLY OF THE SUICIDE AND OVERDOSE
DEATH REVIEW TEAM OR TO INFORMATION WHICH IS PUBLICLY AVAILABLE.
SECTION 7. CRIMINAL AND CIVIL LIABILITY PROTECTIONS.
(A) CONFIDENTIALITY.--A MEMBER OF A SUICIDE AND OVERDOSE
DEATH REVIEW TEAM MAY DISCUSS CONFIDENTIAL MATTERS DURING A
MEETING OF THE SUICIDE AND OVERDOSE DEATH REVIEW TEAM. THE
FOLLOWING SHALL APPLY:
(1) A MEMBER OF A SUICIDE AND OVERDOSE DEATH REVIEW TEAM
SHALL COMPLY WITH APPLICABLE FEDERAL AND STATE LAWS REGARDING
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CONFIDENTIALITY DURING A MEETING OF THE SUICIDE AND OVERDOSE
DEATH REVIEW TEAM.
(2) EXCEPT AS PROVIDED UNDER SUBSECTION (B), A MEMBER OF
A SUICIDE AND OVERDOSE DEATH REVIEW MAY NOT BE DISCIPLINED,
CRIMINALLY PROSECUTED OR HELD ADMINISTRATIVELY OR CIVILLY
LIABLE FOR SHARING OR DISCUSSING CONFIDENTIAL MATTERS DURING
A MEETING OF THE SUICIDE AND OVERDOSE DEATH REVIEW TEAM.
(B) LIABILITY.--THE IMMUNITY SPECIFIED UNDER SUBSECTION (A)
(2) SHALL NOT APPLY TO A MEMBER OF A SUICIDE AND OVERDOSE DEATH
REVIEW TEAM OR AN INVITEE OF A SUICIDE AND OVERDOSE DEATH REVIEW
TEAM WHO DISCLOSES CONFIDENTIAL INFORMATION WITH MALICE, IN BAD
FAITH OR IN A NEGLIGENT MANNER.
SECTION 8. EFFECTIVE DATE.
THIS ACT SHALL TAKE EFFECT IN 30 DAYS.
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