Senate Bill No. 555
(By Senators Wooton, Kessler, Redd, Dawson, Ross,
Walker, Mitchell, Bailey, Hunter, Unger, Snyder, Edgell,
Prezioso and Sharpe)
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[Introduced February 21, 2000; referred to the Committee
on Health and Human Resources.]
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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 sources of nominations to
the child fatality review team; changing month the annual
report is due; protecting opinions generated by the team from
subpoena, discovery or introduction as evidence; exceptions;
and requiring hospitals, health care facilities and health
care providers to give information to multidisciplinary team.
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, 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 that 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 to evidence in any civil or criminal proceeding,
except that information, documents, records and opinions otherwise
available from other sources are not immune from subpoena,
discovery or introduction into evidence solely because they are
presented during proceedings of the team. 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 agencies of government required to cooperate.
State, county and local agencies, hospitals, healthcare
facilities and healthcare 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.
NOTE: The purpose of this bill is to expand the sources of
nominees to the state child fatality review team, to change the
month the team's annual report is due and to protect opinions
generated by the team from subpoena, discovery or introduction as
evidence. The bill would require hospitals, healthcare facilities
and healthcare providers to give certain information to a
multidisciplinary team.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.