ASSEMBLY, No. 5059
STATE OF NEW JERSEY
218th LEGISLATURE
INTRODUCED FEBRUARY 14, 2019
Sponsored by:
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman JOHN ARMATO
District 2 (Atlantic)
Co-Sponsored by:
Assemblyman Mazzeo, Assemblywoman Murphy, Assemblyman Benson and Assemblywoman Lopez
SYNOPSIS
Establishes local drug overdose fatality review teams in each county in State.
CURRENT VERSION OF TEXT
As amended by the General Assembly on November 25, 2019.
An Act regarding drug overdoses and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The 1[Commissioner of Health] Local Advisory Committee on Alcohol Use Disorder and Substance Use Disorder in each county1 shall establish a local drug overdose fatality review team for 1[each] that1 county 1[in this State]1 . A local drug overdose fatality review team may 1[be assigned to] serve1 one or more counties where practicable. Each local drug overdose fatality review team shall elect a 1[chairman] chair1 to administer a process of review and enact and implement a standard protocol for the collection and maintenance of data that shall be consistent with all teams. 1The Commissioner of Human Services shall make available to local drug overdose fatality review teams such funding as may be appropriate to enable the teams to undertake the duties required under this section, which may include, but shall not be limited to, funding sufficient to allow each team to employ appropriate full-time and part-time personnel as may be necessary.1
b. Local drug overdose fatality review teams shall consist of individuals with experience and knowledge regarding health, social services, law enforcement, education, emergency medicine, mental health, juvenile delinquency, and drug and alcohol abuse.
c. 1[All participants shall disclose to the commissioner all related records of a deceased individual, whose death has been determined to be the result of a drug overdose, including information and records related to physical health, mental health, and treatment for substance abuse that are maintained by a health care provider, and provide access to information and records maintained by a State or local government agency, including death certificates, law enforcement information, medical examiner information, parole and probation information, social service information and educational information. The commissioner shall transfer the records to the local drug overdose fatality review team assigned to the county in which the individual’s death occurred] The Commissioner of Health shall develop a mandatory drug overdose death reporting process, pursuant to which health care practitioners, medical examiners, hospitals, emergency medical services providers, local health departments, law enforcement agencies, substance use disorder treatment programs, and relevant social services agencies will be required to confidentially report cases of drug overdose death to the Department of Health in a standardized, uniform format.
d. The department shall transmit to the appropriate local drug overdose fatality review team such information as the department has available concerning any drug overdose that occurs within the county served by the local drug overdose fatality review team, including, but not limited to: the individual’s age, race, gender, county of residence, and county of death; and the date, manner, cause, and specific circumstances of the overdose death, as recorded on the individual’s completed death certificate. In addition, the team may be provided access to the following records related to the individual:
(1) any relevant information and records maintained by a health care provider related to the individual’s physical health, mental health, and substance use disorder treatment, if the individual’s next of kin or authorized representative consents to the release of the information or records; and
(2) any relevant information and records maintained by a State or local government agency, including criminal history records and records of probation and parole, medical examiner records, social service records, and school records and educational histories, if the individual’s next of kin or authorized representative consents to the release of the information or records.
e. Upon receipt of a report of drug overdose death that has been forwarded to a local drug overdose death fatality review team pursuant to subsection d. of this section, the team shall review the reported case in accordance with the provisions of subsection f. of this section1.
1[d.] f.1 Each local drug overdose fatality review team shall:
(1) develop methods to help prevent drug overdoses;
(2) explore methods to promote cooperation among multi-disciplinary agencies in providing services to individuals with substance use disorders;
(3) develop an understanding of the causes of drug overdoses;
(4) recommend possible changes to law and policy to prevent drug overdoses; and
(5) meet at least quarterly to review drug overdose 1death1 cases 1[submitted] transmitted1 to the 1[commissioner] team1 pursuant to this section, as well as available criminal, educational, substance abuse, and mental health records of the deceased individuals. 1Local drug overdose fatality review team meetings shall be closed to the public.1
1[e.] g.1 As used in this section:
"Drug overdose" means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled dangerous substance or another substance with which a controlled dangerous substance was combined and that a layperson would reasonably believe to require medical assistance.
2. Names and individual identification data collected pursuant to the provisions of this act shall not be disclosed by the 1[Commissioner] Department1 of Health or a local drug overdose fatality review team member unless required by law, and nothing in this act shall be construed to require disclosure of any private or confidential health information in violation of State or federal privacy laws. 1Notwithstanding the foregoing, State and local government agencies are directed to share, upon request by a local drug overdose fatality review team, and, in the case of confidential or personal identifying information, with the consent of the next of kin or authorized representative of the individual who is the subject of the information or record, such information or records as may be necessary and appropriate for the local drug overdose fatality review team to conduct a review of reported drug overdose deaths pursuant to section 1 of this act.1
3. The 1[Commissioner] Department1 of Health, in collaboration with each local drug overdose fatality review team, shall report any findings made pursuant to this act to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. 1[Local drug overdose fatality review team meetings shall be closed to the public.]1
4. The Department of Health shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this act.
5. This act shall take effect 180 days after the date of enactment.