Representative Steve Eliason proposes the following substitute bill:


1     
OVERDOSE AND SUICIDE FATALITY REVIEW AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill creates a new position in the Office of the Medical Examiner and creates the
10     Opioid and Overdose Fatality Review Committee.
11     Highlighted Provisions:
12          This bill:
13          ▸     creates the position of an overdose and suicide fatality examiner within the Office
14     of the Medical Examiner;
15          ▸     creates the Opioid and Overdose Fatality Review Committee within the Department
16     of Health; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          This bill appropriates in fiscal year 2020:
20          ▸     to Department of Health -- Disease Control and Prevention, as an ongoing
21     appropriation:
22               •     from General Fund, $645,000.
23          ▸     to Department of Health -- Disease Control and Prevention, as a one-time
24     appropriation:
25               •     from General Fund, One-time $145,000.

26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     ENACTS:
30          26-4-30, Utah Code Annotated 1953
31          26-7-10, Utah Code Annotated 1953
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 26-4-30 is enacted to read:
35          26-4-30. Overdose and suicide fatality examiner.
36          (1) Within funds appropriated by the Legislature for this purpose, the department shall
37     provide compensation, at a standard rate determined by the department, to an overdose and
38     suicide fatality examiner.
39          (2) The overdose and suicide fatality examiner shall:
40          (a) work with the medical examiner to compile data regarding overdose and opioid
41     related deaths, including:
42          (i) toxicology information;
43          (ii) demographics; and
44          (iii) source of opioids or drugs;
45          (b) as relatives of the deceased are willing, gather information from relatives of the
46     deceased regarding the circumstances of the decedent's death;
47          (c) maintain a database of information described in Subsections (2)(a) and (b);
48          (d) coordinate no less than monthly with the suicide prevention coordinator described
49     in Subsection 62A-15-1101(2); and
50          (e) coordinate no less than quarterly with the Opioid and Overdose Fatality Review
51     Committee described in Section 26-7-10.
52          Section 2. Section 26-7-10 is enacted to read:
53          26-7-10. Opioid and Overdose Fatality Review Committee.
54          (1) As used in this section:
55          (a) "Committee" means the Opioid and Overdose Fatality Review Committee created
56     in this section.

57          (b) "Opioid overdose death" means a death primarily caused by opioids or another
58     substance that closely resembles opioids.
59          (2) The department shall establish the Opioid and Overdose Fatality Review
60     Committee.
61          (3) The executive director of the department shall appoint a committee coordinator.
62          (4) The committee shall consist of:
63          (a) the attorney general, or the attorney general's designee;
64          (b) a state, county, or municipal law enforcement officer;
65          (c) the manager of the department's Violence Injury Program, or the manager's
66     designee;
67          (d) an emergency medical services provider;
68          (e) a representative from the Office of the Medical Examiner;
69          (f) a representative from the Division of Substance Abuse and Mental Health;
70          (g) a representative from the Office of Vital Records;
71          (h) a representative from the Office of Health Care Statistics;
72          (i) a representative from the Division of Occupational and Professional Licensing;
73          (j) a healthcare professional who specializes in the prevention, diagnosis, and treatment
74     of substance use disorder;
75          (k) a representative from a state or local jail or detention center;
76          (l) a representative from the Department of Corrections;
77          (m) a representative from Juvenile Justice Services;
78          (n) a representative from the Department of Public Safety; and
79          (o) any other individual whom the committee determines is necessary to fulfill the
80     committee's responsibilities under Subsection (7).
81          (5) The department shall give the committee access to all reports, records, and other
82     documents, including protected health information, that are relevant to the committee's
83     responsibilities under Subsection (7).
84          (6) The committee coordinator may request records that are relevant to the committee's
85     responsibilities under Subsection (7) through Title 63G, Chapter 2, Government Records
86     Access and Management Act, and by subpoena.
87          (7) The committee shall:

88          (a) conduct a multidisciplinary review of available information regarding a decedent of
89     an opioid overdose death, which review shall include:
90          (i) consideration of the decedent's points of contact with healthcare, social services,
91     criminal justice and other systems; and
92          (ii) identification of specific factors that put the individual at risk for opioid overdose;
93          (b) promote cooperation and coordination among government entities involved in
94     opioid misuse, abuse, or overdose prevention;
95          (c) develop an understanding of the causes and incidence of opioid overdose deaths in
96     the state;
97          (d) make recommendations for changes to law or policy that may prevent opioid
98     overdose deaths;
99          (e) inform public health and public safety entities of emerging trends in opioid
100     overdose deaths;
101          (f) monitor overdose trends on non-opioid overdose deaths; and
102          (g) review non-opioid overdose deaths in the manner described in Subsections (7)(a)
103     through (7)(e), when the committee determines that there are a substantial number of overdose
104     deaths in Utah caused by the use of a non-opioid.
105          (8) A committee may interview a staff member, a provider, or any other person who
106     may have knowledge or expertise that is relevant to the review of an opioid overdose death.
107          (9) A majority vote of committee members present constitutes the action of the
108     committee.
109          (10) Each committee member and each individual granted access to a committee
110     proceeding shall sign a confidentiality agreement, created by the department, indicating that the
111     individual agrees to:
112          (a) keep confidential all information relating to the review of an opioid overdose death;
113     and
114          (b) not release any information relating to the review of an opioid overdose death,
115     unless required or permitted by law to release the information.
116          (11) The committee shall meet at least eight times each year.
117          (12) Committee meetings are closed to the public.
118          (13) The committee shall record minutes of committee meetings.

119          Section 3. Appropriation.
120          The following sums of money are appropriated for the fiscal year beginning July 1,
121     2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
122     fiscal year 2020. Under the terms and conditions of title 63J, Chapter 1, Budgetary Procedures
123     Act, the Legislature appropriates the following sums of money from the funds or accounts
124     indicated for the use and support of the government of the state of Utah.
125          ITEM 1
126               To Department of Health -- Disease Control and Prevention
127                    From General Fund
$675,000

128                    From General Fund, One-time
$145,000

129                    Schedule of Programs:
130                         Office of the Medical Examiner          $820,000
131          The Legislature intends that appropriations provided under this section be used by the
132     Office of the Medical Examiner to carry out the requirements described in Section 26-4-30 and
133     to investigate other suicide and drug-related deaths.