ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 378

(By Senators Wooton, Kessler, Redd, Dawson, Ross, Walker,

Mitchell, Bailey, Hunter and Ball)

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[Originating in the Committee on the Judiciary;

reported February 4, 2000.]

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A BILL to amend and reenact sections five and six, article five-d, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to multidisciplinary teams; expanding list of entities which may nominate members of child fatality review team; clarifying confidentiality of certain documents; and requiring certain health care providers to cooperate with multidisciplinary teams.

Be it enacted by the Legislature of West Virginia:
That sections five and six, article five-d, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 5D. MULTIDISCIPLINARY TEAMS.

§49-5D-5. Child fatality review team.
(a) The state child fatality review team is hereby established under the office of medical examinations the chief medical examiner which shall be a multidisciplinary team created to review the deaths of children under the age of eighteen years as provided for in this section. It shall include among its membership the following, appointed by the governor, to serve three-year terms:
(1) The state medical examiner, who shall serve as the chairperson of the state child fatality review team;
(2) One prosecuting attorney or his or her designee;
(3) The state superintendent of the West Virginia state police or his or her designee;
(4) One law-enforcement official other than a member of the West Virginia state police;
(5) One child protective services worker currently employed in investigating reports of child abuse or neglect;
(6) One health care provider specializing in the practice of pediatric medicine or family medicine; and
(7) One social worker who may be employed in the area of public health.
Members of the state child fatality review team shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. Each appointment of a prosecuting attorney, whether for a full term or to fill a vacancy, shall be made by the governor from among three nominees therefor selected by the West Virginia prosecuting attorneys institute. Each appointment of a law- enforcement officer, whether for a full term or to fill a vacancy, shall be made by the governor from among three nominees therefor selected by the state fraternal order of police or the West Virginia deputy sheriff's association. Each appointment of a child protective services worker and a social worker, whether for a full term or to fill a vacancy, shall be made by the governor from among three nominees therefor selected by the West Virginia social work licensing board. Each appointment of a physician, whether for a full term or to fill a vacancy, shall be made by the governor from among three nominees therefor selected by the West Virginia state medical association or the West Virginia academy of pediatrics. When an appointment for a full term, the nomination shall be submitted to the governor not later than eight months prior to the date on which the appointment shall become effective. In the case of an appointment to fill a vacancy, such nominations shall be submitted to the governor within thirty days after the request for the nomination has been made by the governor to the chairperson or president of the organization. When an association fails to submit to the governor nominations for the appointment in accordance with the requirements of this section, the governor may make the appointment without nominations.
Each member of the state child fatality review team shall serve without additional compensation and may not be reimbursed for any expenses incurred in the discharge of the duties under the provisions of this article.
(b) The state child fatality review team shall, pursuant to the provisions of chapter twenty-nine-a of this code, promulgate rules applicable to the following:
(1) The standard procedures for the establishment, formation and conduct of the state child fatality review team;
(2) Guidelines for hospitals, physicians and other health care providers to utilize in order to report the deaths of children to the state child fatality review team; and
(3) Recommend protocols for the review of child fatalities where other than natural causes are suspected.
(c) The state child fatality review team shall submit an annual report to the governor and to the Legislature concerning its activities and the incidents of child fatalities within the state. The first such report shall be due on the first day of July, one thousand nine hundred ninety-seven. Thereafter, a report shall be due annually on the first day of July December. The report shall include statistics setting forth the number of child fatalities. Such statistical analysis may include information regarding the causes of child fatalities in the state. The report shall also include the number of children whose deaths have been determined to have been unexpected or unexplained and whether court proceedings regarding criminal prosecution have commenced.
(d) The local multidisciplinary team created pursuant to the provisions of section two of this article shall review all cases referred to the team pursuant to the provisions of said section: Provided, That a local team may refer any or all cases for review of deaths to the state multidisciplinary team. Further, the local multidisciplinary team shall provide all information to the state child fatality review team necessary for the state child fatality review team to create and submit any report required by this section.
(e) All information, and records and opinions acquired generated by the state team or by a local team in the exercise of its purpose and duties pursuant to this article shall be confidential and are not subject to subpoena, discovery or introduction as evidence in any civil or criminal proceeding. The provisions of this subsection shall not apply to information, documents, records and opinions otherwise available from sources which may be supplied to the state team in the course of effecting its statutory duties. For purposes of this section, the term confidential shall be defined consistent with the definition set forth in section one, article seven, chapter forty-nine of this code.
§49-5D-6. Other governmental agencies and health care providers.
State, county and local agencies, hospitals, health care facilities and health care providers shall provide the multidisciplinary teams with any information requested in writing by the team as allowable by law or upon receipt of a certified copy of the circuit court's order directing said agencies to release information in its possession relating to the child. The team shall assure that all information received and developed in connection with the provisions of this article remain confidential. For purposes of this section, the term "confidential" shall be construed in accordance with the provisions of section one, article seven of this chapter.