STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
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
Introduced Pending Technical Review by Legislative Counsel.
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 Local Advisory Committee on Alcohol Use Disorder and Substance Use Disorder in each county may establish a local drug overdose fatality review team for that county. A local drug overdose fatality review team may serve one or more counties where practicable. Each local drug overdose fatality review team shall elect a chair.
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. 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; 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 if the transmission of such records does not imperil ongoing investigations, medical examiner records, social service records, and school records and educational histories.
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 section.
f. 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 death cases transmitted to the team pursuant to this section, as well as available criminal, educational, substance abuse, and mental health records of the deceased individuals. Local drug overdose fatality review team meetings shall be closed to the public, and information discussed at the meetings shall be deemed confidential.
g. As used in this section:
"Drug overdose" means an acute condition including, but not limited to, extreme physical illness, coma, decreased level of consciousness, respiratory depression, 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 Department 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. Notwithstanding the foregoing, State and local government agencies are directed to share, upon request by the Department of Law and Public Safety for integration into its integrated drug awareness dashboard, or by a local drug overdose fatality review team, 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 or 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 welfare.
3. The Department 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.
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.
STATEMENT
This bill authorizes the Local Committee on Alcohol Use Disorder and Substance Use Disorder in each county to establish a local drug overdose fatality review team for that county.
Under the bill, local drug overdose fatality review teams are to 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.
The bill provides that each local drug overdose fatality review team is to: (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 cases submitted to the team, as well as available criminal, educational, substance abuse, and mental health records of the deceased individuals. Team meetings will be closed to the public, and information disclosed at the meetings will be confidential.
The bill requires the Commissioner of Health to develop a uniform, standardized reporting process for drug overdose deaths, and to forward certain information concerning each drug overdose death to the appropriate local drug overdose fatality review team, including certain personal details concerning the overdose victim and certain particulars concerning the circumstances of the overdose victim’s death. Local drug overdose fatality review teams will also be provided with access to certain health treatment records and government records concerning the overdose victim. A local drug overdose fatality review team will be required to review each report of a drug overdose death upon receipt of the report.
The bill also directs State and local government agencies, upon request, to: (1) share records and information concerning an overdose victim with a drug overdose fatality review team, as necessary for the team to conduct a review of reported overdose deaths; and (2) share records and information with the Department of Law and Public Safety, to be integrated into the department’s integrated drug awareness dashboard.