NY State Senate Bill 2023-S5378

Current 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 03, 2024	referred to health
Mar 03, 2023	referred to health

2023-S5378 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 2 Title 9 §269-e, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6846
2021-2022: S2032

2023-S5378 (ACTIVE) - Summary

Relates to authorizing local or regional accidental fatality review teams; 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.

2023-S5378 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5378

SPONSOR: ROLISON
 
TITLE OF BILL:

An act to amend the public health law, in relation to authorizing local
or regional accidental fatality review teams

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes the creation of local or regional accidental fatality review
teams to investigate unexpected suicide and overdose deaths.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends article 2 of the public health law by adding Title 8:
Local or Regional Accidental Fatality Review Teams.

Section 1, part 2 states that the accidental fatality review team shall
include representatives from the county department of health or the
local health director, the office of mental health, the office of the
medical examiner or the office of the coroner, the office of the

district attorney, the office of the county attorney, local and state
law enforcement, emergency medical services, a physical or medical
professional and a substance abuse program provider.

Section 1, part 3 states that an accidental fatality review team shall
have access to all records, except those protected by statutory privi-
lege, within twenty-one days of their request.

Section 1, part 4 states that members of an accidental fatality review
team shall have immunity from civil or criminal liability for all 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 the accidental fatality review team.

Section 1, part 5 (a), states that all meetings conducted and all
reports and records made by an accidental fatality review team shall be
confidential and not open to the general public except by court order.
Any published or annual fatality report shall not contain any individ-
ually identifiable information and shall be provided to the department
upon completion.

Section 1, part 5 (b), states that any report completed pursuant to this
section shall include, the cause of death, identification of any
services provided or actions taken regarding such person and his or her
family, any extraordinary or pertinent information concerning the
circumstances of such persons death, any further action or investigation
undertaken by the department since the death of the person and recommen-
dation for local or state administrative or policy changes.

Section 2 states that the bill take effect on the ninetieth day after it
shall have become a law

 
JUSTIFICATION:

Accidental fatality review teams are a tool in combating increasing
suicide rates and the heroin and opioid epidemic. The team's objective
is to review the incidents and identify gaps in services and recommend
policy changes to ultimately improve substance abuse disorder and mental
health treatment.

Currently, New York has child fatality review process that sets out to
prevent future deaths, to assist in the investigative process and
improve the social services system. This legislation sets up the acci-
dental fatality review teams in the same way with similar objectives for
overdose and suicide deaths.

According to the Association of State and Territorial Health Officials,
nine states have authorized overdose fatality review teams including
Maryland, Pennsylvania and Virginia. These teams have identified service
gaps and policy changes to improve outcomes for individuals with
substance use disorders.

 
LEGISLATIVE HISTORY:

2022 - S2032: Referred to Health

2021 - S2032: Referred to Health

2020 - S6846: Referred to Health

2019 - S6846: Referred to Rules

 
FISCAL IMPLICATIONS:

Minimal.

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

2023-S5378 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5378
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by  Sen. ROLISON -- 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
 
   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 9 to read as follows:
                                   TITLE 9
            LOCAL OR REGIONAL ACCIDENTAL FATALITY REVIEW TEAMS
 SECTION 269-E. LOCAL OR REGIONAL ACCIDENTAL FATALITY REVIEW TEAMS.
   §  269-E.  LOCAL  OR  REGIONAL ACCIDENTAL FATALITY REVIEW TEAMS. 1. AN
 ACCIDENTAL FATALITY REVIEW  TEAM  MAY  BE  ESTABLISHED  AT  A  LOCAL  OR
 REGIONAL  LEVEL, WITH THE APPROVAL OF THE DEPARTMENT, FOR THE PURPOSE OF
 INVESTIGATING THE UNEXPECTED OR UNEXPLAINED DEATH OF ANY PERSON  INCLUD-
 ING  BUT  NOT  LIMITED  TO  DEATHS SUSPECTED TO BE CAUSED BY OVERDOSE OR
 SUICIDE.
   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.
                                                            LBD09126-01-3

 S. 5378                             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 (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  INVES-
 TIGATION UNDERTAKEN BY THE DEPARTMENT SINCE THE DEATH OF THE PERSON, AND
 (V) AS APPROPRIATE, RECOMMENDATIONS FOR LOCAL OR STATE ADMINISTRATIVE OR
 POLICY CHANGES.
   §  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 S5378

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S5378 (ACTIVE) - Details

2023-S5378 (ACTIVE) - Summary

2023-S5378 (ACTIVE) - Sponsor Memo

2023-S5378 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5378

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Sponsored By

Rob Rolison

Current Bill Status - In Senate Committee Health Committee

2023-S5378 (ACTIVE) - Details

2023-S5378 (ACTIVE) - Summary

2023-S5378 (ACTIVE) - Sponsor Memo

2023-S5378 (ACTIVE) - Bill Text download pdf

Comments