PREFILED    JAN 11 2019

REFERENCE TITLE: maternal fatalities; morbidity; report





State of Arizona


Fifty-fourth Legislature

First Regular Session





SB 1040


Introduced by

Senator Brophy McGee





Amending section 36‑3501, Arizona Revised Statutes; relating to the child fatality review team.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 36-3501, Arizona Revised Statutes, is amended to read:

START_STATUTE36-3501.  Child fatality review team; membership; duties; report

A.  The child fatality review team is established in the department of health services.  The team is composed of the head of the following entities or that person's designee:

1.  Attorney general.

2.  Office of women's and children's health in the department of health services.

3.  Office of planning and health status monitoring in the department of health services.

4.  Arizona health care cost containment system.

5.  Division of developmental disabilities in the department of economic security.

6.  Department of child safety.

7.  Governor's office for children.

8.  Administrative office of the courts.

9.  Parent assistance office of the supreme court.

10.  Department of juvenile corrections.

11.  Arizona chapter of a national pediatric society.

B.  The director of the department of health services shall appoint the following members to serve staggered three‑year terms:

1.  A medical examiner who is a forensic pathologist.

2.  A maternal and child health specialist involved with the treatment of native Americans.

3.  A representative of a private nonprofit organization of tribal governments in this state.

4.  A representative of the Navajo tribe.

5.  A representative of the United States military family advocacy program.

6.  A representative of a statewide prosecuting attorneys advisory council.

7.  A representative of a statewide law enforcement officers advisory council who is experienced in child homicide investigations.

8.  A representative of an association of county health officers.

9.  A child advocate who is not employed by or an officer of this state or a political subdivision of this state.

10.  A public member.  If local teams are formed pursuant to this article, the director of the department of health services shall select this member from one of those local teams.

C.  The team shall:

1.  Develop a child fatalities data collection system.

2.  Provide training to cooperating agencies, individuals and local child fatality review teams on the use of the child fatalities data system.

3.  Conduct an annual statistical report on the incidence and causes of child fatalities in this state during the past fiscal year and submit a copy of this report, including its recommendations for action, to the governor, the president of the senate and the speaker of the house of representatives on or before November 15 of each year.

4.  Encourage and assist in the development of developing local child fatality review teams.

5.  Develop standards and protocols for local child fatality review teams and provide training and technical assistance to these teams.

6.  Develop protocols for child fatality investigations, including protocols for law enforcement agencies, prosecutors, medical examiners, health care facilities and social service agencies.

7.  Study the adequacy of statutes, ordinances, rules, training and services to determine what changes are needed to decrease the incidence of preventable child fatalities and, as appropriate, take steps to implement these changes.

8.  Provide case consultation on individual cases to local teams if requested.

9.  Educate the public regarding the incidence and causes of child fatalities as well as the public's role in preventing these deaths.

10.  Designate a team chairperson.

11.  Develop and distribute an informational brochure that describes the purpose, function and authority of a team.  The brochure shall be available at the offices of the department of health services.

12.  Evaluate Compile an annual statistical report on the incidence and causes of severe maternal morbidity and maternal fatalities associated with pregnancy in this state.  On or before November 15 of each year, the team shall submit the report, including recommendations for action, to the governor, president of the senate and speaker of the house of representatives and provide a copy of the report to the secretary of state.  For the purposes of this paragraph:

(a)  "Maternal fatalities associated with pregnancy" means the death of a woman while she is pregnant or within one year after the end of her pregnancy.

(b)  "Severe maternal morbidity" includes unexpected outcomes of labor and delivery that result in significant short‑term or long‑term consequences to a woman's health and that correspond to indicators identified by the centers for disease control and prevention.

13.  Inform the governor and the legislature of the need for specific recommendations regarding unexplained infant death.

14.  Periodically review the infant death investigation checklist developed by the department of health services pursuant to section 36‑3506.  In reviewing the checklist, the review team shall consider guidelines endorsed by national infant death organizations.

D.  Team members are not eligible to receive compensation, but members appointed pursuant to subsection B 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.  Notwithstanding subsections C and D of this section, this section does not require expenditures above the revenue available from the child fatality review fund. END_STATUTE