[Third Reprint]

SENATE, No. 2929

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED SEPTEMBER 17, 2018

 


 

Sponsored by:

Senator  ROBERT W. SINGER

District 30 (Monmouth and Ocean)

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Senators Corrado and Gopal

 

 

 

 

SYNOPSIS

     Establishes local drug overdose fatality review teams in each county in State.

 

CURRENT VERSION OF TEXT

     As amended by the Senate on December 16, 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 2[Commissioner of Health] Local Advisory Committee on Alcohol Use Disorder and Substance Use Disorder in each county2 3[shall] may3 establish a local drug overdose fatality review team for 2[each] that2 county 2[in this State]2 .  A local drug overdose fatality review team may 2[be assigned to] serve2 one or more counties where practicable.  Each local drug overdose fatality review team shall elect a 1[chairman] chair1 3[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.  2The 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]3.2

     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 2[commissioner] Commissioner of Health2 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 2cases of drug overdose death2 to the Department of Health 2[on individual cases of drug overdose death] in a standardized, uniform format2 .

     d.    The department shall 2[maintain a record of all reports of drug overdose death that are submitted thereto through the reporting processes that are established pursuant to subsection c. of this section.  The reports shall contain] 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 following2 records related to 2[a deceased] the2 individual 2[, whose death has been determined to be the result of a drug overdose, including, but not limited to]2 :

     (1)   2[the individual’s age, race, gender, county of residence, and county of death;

     (2)   the date, manner, cause, and specific circumstances of the overdose death;

     (3)]2  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 3[, 2[if applicable,]2 if the individual’s next of kin or authorized representative 2[;]2 consents to the release of the information or records]3; and 2[;

     (4)]  (2)2  any relevant information and records maintained by a State or local government agency, including 2[death certificate, law enforcement, records, including]2 criminal 2[histories] history records2 and records of probation and parole 3if the transmission of such records does not imperil ongoing investigations3, medical examiner records, social service records, and school records and educational histories 3[, if 2the2 individual’s next of kin or authorized representative consents to 2the2 release 2of2 the information or records]3 .

     2[The department shall also ensure that a copy of each such report of drug overdose death is promptly forwarded to the local drug overdose fatality review team assigned to the county in which the drug overdose death occurred.]2

     e.     Upon receipt of a report of drug overdose death 2[which] that2 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 2death2 cases 2[submitted] transmitted2 to the 1[commissioner] 2[department1] team2 pursuant to this section, as well as available criminal, educational, substance abuse, and mental health records of the deceased individuals.  2Local drug overdose fatality review team meetings shall be closed to the public 3, and information discussed at the meetings shall be deemed confidential3.2

     1[e.] g.1  As used in this section:

     "Drug overdose" means an acute condition including, but not limited to, 3extreme3 physical illness, coma, 3[mania, hysteria,] decreased level of consciousness, respiratory depression,3 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.  2Notwithstanding the foregoing, State and local government agencies are directed to share, upon request by 3the Department of Law and Public Safety for integration into its integrated drug awareness dashboard, or by3 a local drug overdose fatality review team, and 3[, 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,]3 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 3or for the Department of Law and Public Safety to integrate into its integrated drug awareness dashboard in order to protect the public health, safety, and welfare3.2

 

     2[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.  Local drug overdose fatality review team meetings shall be closed to the public.]2

 

     2[4.] 3.2     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.

 

     2[5.] 4.2     This act shall take effect 180 days after the date of enactment.