State of Arizona
House of Representatives
Second Regular Session
HOUSE BILL 2038
Amending section 36‑198, Arizona Revised Statutes; relating to Drug overdose fatality review teams.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-198, Arizona Revised Statutes, is amended to read:
36-198. Drug overdose fatality review team; members; duties; local drug overdose fatality review teams
A. The drug overdose fatality review team is established in the department of health services. The head of each of the following entities or that person's designee shall serve on the review team:
1. The attorney general.
2. The department of health services.
3. The Arizona health care cost containment system.
4. The department of economic security.
5. The governor's office of youth, faith and family.
6. The administrative office of the courts.
7. The state department of corrections.
8. The Arizona council of human services providers.
9. The department of public safety.
B. The director of the department of health services shall appoint the following members to serve on the review team:
1. A medical examiner who is a rural forensic pathologist.
2. A medical examiner who is a metropolitan forensic pathologist.
3. A representative of a tribal government.
4. A public member.
5. A representative of a professional emergency management system association.
6. A health care professional from a statewide association representing nurses.
7. A health care professional from a statewide association representing physicians.
8. A representative of an association of county health officers.
9. A representative of an association representing hospitals.
10. A health care professional who specializes in the prevention, diagnosis and treatment of substance use disorders.
11. A county sheriff, or the sheriff's designee, who represents a county with a population of less than five hundred thousand persons and a county sheriff, or the sheriff's designee, who represents a county with a population of more than five thousand persons.
C. The review team shall:
1. Develop a drug overdose fatalities data collection system.
2. Conduct an annual analysis on the incidence and causes of drug overdose fatalities in this state during the preceding fiscal year.
3. Encourage and assist in the development of local drug overdose fatality review teams.
4. Develop standards and protocols for local drug overdose fatality review teams and provide training and technical assistance to these teams.
5. Develop protocols for drug overdose investigations, including protocols for law enforcement agencies, prosecutors, medical examiners, health care facilities and social service agencies.
6. Study the adequacy of statutes, ordinances, rules, training and services to determine what changes are needed to decrease the incidence of preventable drug overdose fatalities and, as appropriate, take steps to implement these changes.
7. Educate the public regarding the incidence and causes of drug overdose fatalities as well as the public's role in preventing these deaths.
8. Designate a member of the review team to serve as chairperson.
D. Team members are not eligible to receive compensation, but members appointed pursuant to subsection B of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
E. The department of health services shall provide professional and administrative support to the team.
F. Law enforcement agencies shall provide unredacted department reports to the chairperson of a local drug overdose fatality review team on request. All information and records acquired by a local drug overdose fatality review team are confidential and are not subject to subpoena, discovery or introduction into evidence in a civil or criminal proceeding or disciplinary action. Information and records that are otherwise available from other sources are not immune from subpoena, discovery or introduction into evidence through those sources solely because the information or record was presented to or reviewed by a local drug overdose fatality review team.
G. A member of a local drug overdose fatality review team or any person who presents information to a local drug overdose fatality review team may not be questioned in any civil or criminal proceeding or disciplinary action regarding the information presented. This subsection does not prevent a person from testifying regarding information obtained independently of the local drug overdose fatality review team or as to public information.