NY State Senate Bill 2019-S7015

Senate Bill S7015

2019-2020 Legislative Session

Authorizes local or regional accidental fatality review teams where deaths are suspected to be caused by suicide or overdose

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health

co-Sponsors

2019-S7015 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 2 Title 8 §269, Pub Health L

2019-S7015 (ACTIVE) - Summary

Authorizes local or regional accidental fatality review teams where deaths are suspected to be caused by suicide or overdose; authorizes an accidental fatality review team to be established at a local or regional level, with the approval of the department of health, for the purpose of investigating the unexpected or unexplained death of any person including but not limited to deaths suspected to be caused by overdose or suicide; requires the department of health to work with county health departments where trends and data are discovered.

2019-S7015 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7015

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the public health law, in relation to authorizing local
or regional accidental fatality review teams where deaths are suspected
to be caused by suicide or overdose

 
PURPOSE OR GENERAL IDEA OF THE BILL:

To create accidental fatality review teams to gather more localized and
comprehensive data on overdose suicide.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the public health law by adding a new
title 8 as it relates to authorizing local or regional accidental fatal-
ity review teams where deaths are suspected to be caused by overdose or
suicide.

Section one, part two states that such teams shall include the follow-
ing: Representatives from the department of health, county department of
health, office of mental health, office of alcoholism and substance
abuse, county department of mental health, office of the medical examin-
er or office of the coroner, office of the district attorney, office of
the county attorney, local and state law enforcement, emergency medical
services, a physician or comparable medical professional, and a
substance abuse program provider.

Section one, part three permits access to records.

Section one, part four protects members of such teams and other partic-
ipants from civil and criminal liability.

Section one, part five ensures confidentiality of records and sets the
parameters for an annual report.

Section one, part six prompts the department of health to assist in
responding to trends and data.

Section two of the bill sets the effective date.

 
JUSTIFICATION:

In 2012, Washington County, Oregon launched a suicide fatality review
team to uncover localized suicide trends. This data, in addition to
pre-existing state and national data, allowed them to design solutions
to the crisis that were best suited to the needs of their communities.

In part, due of these localized solutions, the County's suicide rate
decreased by 40 percent between 2012 and 2018.

This bill will allow for the creation of local or regional accidental
fatality review teams to mimic this success for the issue of suicide and
for the issue of overdose. These teams will serve three purposes: 1) to
identify suicide trends and work with the department of health to
address them; 2) to identify overdose trends and work with the depart-

ment of health to address them; 3) to remediate the data conflation that
currently exists between suicide and overdose fatalities.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S7015 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7015
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by Sens. CARLUCCI, AKSHAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to authorizing  local
   or   regional  accidental  fatality  review  teams  where  deaths  are
   suspected to be caused by suicide or overdose

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Article 2 of the public health law is amended by adding a
 new title 8 to read as follows:
                                   TITLE 8
            LOCAL OR REGIONAL ACCIDENTAL FATALITY REVIEW TEAMS
 SECTION 269. LOCAL OR REGIONAL ACCIDENTAL FATALITY REVIEW TEAMS.
   § 269. LOCAL OR REGIONAL ACCIDENTAL FATALITY REVIEW TEAMS. 1. AN ACCI-
 DENTAL FATALITY REVIEW TEAM MAY BE ESTABLISHED AT A  LOCAL  OR  REGIONAL
 LEVEL,  WITH THE APPROVAL OF THE DEPARTMENT, FOR THE PURPOSE OF INVESTI-
 GATING THE UNEXPECTED OR UNEXPLAINED DEATH  OF  ANY  PERSON  WHERE  SUCH
 DEATH  IS SUSPECTED TO BE CAUSED BY OVERDOSE OR SUICIDE.  THE PURPOSE OF
 SUCH TEAMS IS TO GATHER MORE LOCALIZED AND COMPREHENSIVE DATA ON SUICIDE
 AND OVERDOSE.
   2. FOR THE PURPOSES OF THIS SECTION, A LOCAL  OR  REGIONAL  ACCIDENTAL
 FATALITY  REVIEW  TEAM SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, REPRE-
 SENTATIVES FROM THE DEPARTMENT, COUNTY DEPARTMENT OF HEALTH, OR,  SHOULD
 THE  LOCALITY  NOT  HAVE A COUNTY DEPARTMENT OF HEALTH, THE LOCAL HEALTH
 COMMISSIONER OR HIS OR HER DESIGNEE OR THE LOCAL PUBLIC HEALTH  DIRECTOR
 OR  HIS  OR  HER DESIGNEE, OFFICE OF MENTAL HEALTH, OFFICE OF ALCOHOLISM
 AND SUBSTANCE ABUSE, COUNTY DEPARTMENT OF MENTAL HEALTH, OFFICE  OF  THE
 MEDICAL  EXAMINER,  OR, SHOULD THE LOCALITY NOT HAVE A MEDICAL EXAMINER,
 OFFICE OF THE CORONER, OFFICE OF THE DISTRICT ATTORNEY,  OFFICE  OF  THE
 COUNTY  ATTORNEY,  LOCAL  AND  STATE  LAW ENFORCEMENT, EMERGENCY MEDICAL
 SERVICES, A PHYSICIAN OR  COMPARABLE  MEDICAL  PROFESSIONAL,  PREFERABLY
 WITH  EXPERTISE  IN THE AREAS OF SUBSTANCE ABUSE OR MENTAL HEALTH, AND A
 SUBSTANCE ABUSE PROGRAM PROVIDER. A LOCAL OR REGIONAL ACCIDENTAL FATALI-
 TY REVIEW TEAM MAY ALSO INCLUDE REPRESENTATIVES FROM MEDICAL FACILITIES,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14408-01-9

 S. 7015                             2
 
 INCLUDING HOSPITALS  OR  OTHER  APPROPRIATE  AGENCIES  OR  INSTITUTIONS,
 DOMESTIC VIOLENCE AGENCIES, AND SUBSTANCE ABUSE PROGRAMS.
   3.  A  LOCAL  OR  REGIONAL ACCIDENTAL FATALITY REVIEW TEAM ESTABLISHED
 PURSUANT TO THIS SECTION SHALL HAVE ACCESS TO ALL RECORDS, EXCEPT  THOSE
 PROTECTED BY STATUTORY PRIVILEGE, WITHIN TWENTY-ONE DAYS OF RECEIPT OF A
 REQUEST.
   4.  MEMBERS  OF  A  LOCAL OR REGIONAL ACCIDENTAL FATALITY REVIEW TEAM,
 PERSONS ATTENDING A MEETING OF A LOCAL OR REGIONAL  ACCIDENTAL  FATALITY
 REVIEW  TEAM, AND PERSONS WHO PRESENT INFORMATION TO A LOCAL OR REGIONAL
 ACCIDENTAL FATALITY REVIEW TEAM SHALL HAVE IMMUNITY FROM CIVIL AND CRIM-
 INAL LIABILITY FOR ALL REASONABLE AND GOOD FAITH ACTIONS TAKEN  PURSUANT
 TO  THIS  SECTION,  AND SHALL NOT BE QUESTIONED IN ANY CIVIL OR CRIMINAL
 PROCEEDING REGARDING ANY OPINIONS FORMED AS A RESULT OF A MEETING  OF  A
 LOCAL  OR  REGIONAL  ACCIDENTAL  FATALITY  REVIEW  TEAM. NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO PREVENT A PERSON  FROM  TESTIFYING  AS  TO
 INFORMATION  OBTAINED  INDEPENDENTLY  OF  A LOCAL OR REGIONAL ACCIDENTAL
 FATALITY REVIEW TEAM OR WHICH IS PUBLIC INFORMATION.
   5. (A) ALL MEETINGS CONDUCTED AND ALL REPORTS  AND  RECORDS  MADE  AND
 MAINTAINED,  AND BOOKS AND PAPERS OBTAINED, BY A LOCAL OR REGIONAL ACCI-
 DENTAL FATALITY REVIEW TEAM SHALL BE CONFIDENTIAL AND NOT  OPEN  TO  THE
 GENERAL  PUBLIC EXCEPT BY COURT ORDER AND EXCEPT FOR AN ANNUAL REPORT OR
 A FATALITY REPORT, IF THE FATALITY REVIEW TEAM CHOOSES TO COMPLETE  SUCH
 AN  ANNUAL REPORT OR FATALITY REPORT. ANY SUCH ANNUAL REPORT OR FATALITY
 REPORT SHALL NOT CONTAIN ANY INDIVIDUALLY IDENTIFIABLE  INFORMATION  AND
 SHALL  BE  PROVIDED  TO  THE  DEPARTMENT UPON COMPLETION. THE DEPARTMENT
 SHALL FORWARD COPIES OF ANY SUCH REPORT TO ALL OTHER LOCAL  OR  REGIONAL
 ACCIDENTAL  FATALITY  REVIEW TEAMS ESTABLISHED PURSUANT TO THIS SECTION,
 AND TO THE GOVERNOR, THE TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  THE
 SPEAKER OF THE ASSEMBLY.
   (B)  ANY  FATALITY  REPORT  COMPLETED  PURSUANT  TO THIS SECTION SHALL
 INCLUDE, BUT NOT BE LIMITED TO:  (I) THE CAUSE OF  DEATH,  WHETHER  FROM
 NATURAL OR OTHER CAUSES; (II) IDENTIFICATION OF ANY SERVICES PROVIDED OR
 ACTIONS  TAKEN  REGARDING  SUCH  PERSON  AND HIS OR HER FAMILY INCLUDING
 PRIOR TO SUCH PERSON'S  DEATH;  (III)  ANY  EXTRAORDINARY  OR  PERTINENT
 INFORMATION  CONCERNING  THE  CIRCUMSTANCES OF SUCH PERSON'S DEATH; (IV)
 ANY ACTION OR FURTHER INVESTIGATION UNDERTAKEN BY THE  DEPARTMENT  SINCE
 THE  DEATH  OF  THE  PERSON; AND (V) AS APPROPRIATE, RECOMMENDATIONS FOR
 LOCAL OR STATE ADMINISTRATIVE OR POLICY CHANGES.
   6. WHEN LOCAL TRENDS ARE DISCOVERED, THE DEPARTMENT  SHALL  WORK  WITH
 COUNTY HEALTH DEPARTMENTS IN RESPONDING TO SUCH TRENDS AND DATA.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Senate Bill S7015

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Sponsored By

David Carlucci