Senate Bill No. 491
(By Senators Laird, Browning, Barnes, Jenkins, Prezioso, Foster,
Stollings, Plymale, Tomblin (Mr. President), White and Kessler)
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[Introduced February 5, 2010; referred to the Committee on Health
and Human Resources; and then to the Committee on Government
Organization.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §61-12A-1, §61-12A-2,
§61-12A-3 and §61-12A-4, all relating to the creation of the
Unintentional Pharmaceutical Drug Overdose Fatality Review
Team; setting forth membership of the team; setting forth
responsibilities of the team; requiring the examination and
the provision of preventative education in cases that involve
unintentional pharmaceutical drug overdose deaths; requiring
other state agencies to cooperate with the team; and granting
rule-making authority.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §61-12A-1, §61-12A-2,
§61-12A-3 and §61-12A-4, all to read as follows:
ARTICLE 12A. UNINTENTIONAL PHARMACEUTICAL DRUG OVERDOSE FATALITY REVIEW TEAM.
§61-12A-1. Legislative findings.
The Legislature finds:
(1) That pharmaceutical drug abuse and addiction has become an
increasingly serious public health and law enforcement problem
throughout the State of West Virginia, affecting the quality of
life in the communities in which we live;
(2) That the increased and growing number of unintentional
overdose deaths associated with the nonmedical use and diversion of
pharmaceutical drugs, primarily opioid analgesics, is unacceptable
and requires further public policy consideration and action;
(3) That problems related to pharmaceutical drug abuse and
addiction, the nonmedical use and diversion of pharmaceutical
drugs, and unintentional pharmaceutical drug overdose deaths are
complex problems requiring multidisciplinary review, study and
planning to assist in the identification and further development of
public policies intended to address these problems in the future.
§
61-12A-2. Unintentional Pharmaceutical Drug Overdose Fatality
Review Team.
(a) The Unintentional Pharmaceutical Drug Overdose Fatality
Review Team is hereby created under the office of the chief medical
examiner. The Unintentional Pharmaceutical Drug Overdose Fatality
Review Team is a multidisciplinary team created to examine, review
and analyze the deaths of all persons in the State of West Virginia who die as a result of unintentional prescription or pharmaceutical
drug overdoses.
(b) The Unintentional Pharmaceutical Drug Overdose Fatality
Review Team shall consist of the following members appointed by the
Governor:
(1) The Chief Medical Examiner in the Bureau for Public
Health, who is to serve as the chairperson and who is responsible
for calling and coordinating all meetings;
(2) The Director of the West Virginia State Board of Pharmacy
or his or her designee;
(3) The Commissioner of the Bureau for Public Health or his or
her designee;
(4) The Director of the Division of Vital Statistics or his or
her designee;
(5) The Superintendent of the West Virginia State Police or
his or her designee;
(6) One representative who is a physician nominated by the
West Virginia State Medical Association;
(7) One representative who is a register nurse nominated by
the of the West Virginia Nurses Association;
(8) One representative who is a doctor of osteopathy nominated
by the West Virginia Society of Osteopathic Medicine;
(9) One representative who is a county law-enforcement
official nominated by the West Virginia Sheriffs' Association;
(10) One representative who is a municipal police officer nominated by the West Virginia Chiefs of Police Association;
(11) One representative who is a sworn law-enforcement officer
assigned to a multijurisdictional drug task force in West Virginia;
(12) One representative of the United States Drug Enforcement
Administration;
(13) One representative who is a prosecuting attorney
nominated by the West Virginia Prosecuting Attorneys' Institute;
(14) One licensed physician or doctor of osteopathy who
practices pain management as a principle part of his or her
practice.
(15) A person who shall be considered an expert in bio-ethics
training;
(16) One current member of the West Virginia House of
Delegates;
(17) One current member of the West Virginia State Senate; and
(18) Any additional persons that the chairperson of the team
determines is needed in the review and consideration of a
particular case.
(c) Each member of the Unintentional Pharmaceutical Drug
Overdose Fatality Review Team shall serve for a term of three
years, unless otherwise reappointed to a second or subsequent term.
Members shall continue to serve until their respective terms expire
or until their successors have been appointed.
(d) Each appointment of a physician, whether for a full term
or to fill a vacancy, is to be made by the Governor from among three nominees selected by the West Virginia State Medical
Association. Each appointment of a registered nurse, whether for
a full term or to fill a vacancy, is to be made by the Governor
from among three nominees selected by the West Virginia Nurses
Association. Each appointment of a doctor of osteopathy, whether
for a full term or to fill a vacancy, is to be made by the Governor
from among three nominees selected by the West Virginia Society of
Osteopathic Medicine. Each appointment who is a county law
enforcement official, whether for a full term or to fill a vacancy,
is to be made by the Governor from among three nominees selected by
the West Virginia Sheriffs' Association. Each appointment who is
a municipal police officer, whether for a full term or to fill a
vacancy, is to be made by the Governor from among three nominees
selected by the West Virginia Chiefs of Police Association. Each
appointment who is a sworn law-enforcement officer assigned to a
multijurisdictional drug task force in West Virginia, whether for
a full term or to fill a vacancy, is to be made by the Governor
from among three nominees selected by the West Virginia Fraternal
Order of Police. With respect to all other appointments not
specified herein, the Governor may make the appointments without
nomination.
(e) Each member of the Unintentional Pharmaceutical Drug
Overdose Fatality Review Team shall serve without additional
compensation and may not be reimbursed for any expenses incurred in
the discharge of his or her duties under the provisions of this article.
§
61-12A-3. Responsibilities of the Unintentional Pharmaceutical
Drug Overdose Fatality Review Team.
(a) The Office of the Chief Medical Examiner, in consultation
with the Unintentional Pharmaceutical Drug Overdose Fatality Review
Team shall promulgate legislative rules pursuant to article three,
chapter twenty-nine-a of this code. Those rules shall include, at
a minimum:
(1) The standard procedures for the conduct of the
Unintentional Pharmaceutical Drug Overdose Fatality Review Team;
and
(2) The processes and protocols for the review and analysis of
unintentional pharmaceutical drug overdoses resulting in fatalities
of those who were not suffering from mortal diseases shortly before
death.
(b) The Unintentional Pharmaceutical Drug Overdose Fatality
Review Team shall:
(1) Review and analyze all deaths occurring within the State
of West Virginia where the cause of death was determined to be due
to unintentional pharmaceutical drug overdose, specifically
excluding the death of persons suffering from a mortal disease or
instances where the manner of the overdose death was suicide;
(2) Ascertain and document the trends, patterns and risk
factors related to unintentional pharmaceutical drug overdose
fatalities occurring within the State of West Virginia;
(3) Ascertain and document patterns related to the sale and
distribution of pharmaceutical prescriptions by those otherwise
licensed to provide said prescriptions, including the application
of information included within the database kept and maintained by
the West Virginia Board of Pharmacy;
(4) Develop and implement standards for the uniform and
consistent reporting of unintentional pharmaceutical drug overdose
deaths by law enforcement or other emergency service responders;
(5) Provide statistical information and analysis regarding the
causes of unintentional pharmaceutical drug overdose fatalities;
and
(6) Promote public awareness of the incidence and causes of
unintentional pharmaceutical drug overdose fatalities, including
recommendations for their reduction.
(c) The Unintentional Pharmaceutical Drug Overdose Fatality
Review Team shall submit an annual report to the Governor and to
the Legislature concerning its activities within the state. The
report is due annually on December 1. The report is to include
statistical information concerning cases reviewed during the year,
trends and patterns concerning these cases, and the team's
recommendations to reduce the number of unintentional
pharmaceutical drug overdose fatalities in the state.
(d) The Unintentional Pharmaceutical Drug Overdose Fatality
Review Team, in the exercise of its duties as defined in this
section, may not:
(1) Call witnesses or take testimony from individuals involved
in the investigation of a pharmaceutical drug overdose fatality;
(2) Contact a family member of the deceased;
(3) Enforce any public health standard or criminal law or
otherwise participate in any legal proceeding; or
(4) Otherwise take any action which in the determination of a
prosecuting attorney or his or her assistants, impairs the ability
of the prosecuting attorney, his or her assistants or any law-
enforcement officer to perform his or her statutory duties.
(e) Except as otherwise provided in this article or by order
of the court, all records and information concerning proceedings,
records and opinions of the Unintentional Pharmaceutical Drug
Overdose Fatality Review Team are confidential. This subsection
may not be construed to limit or restrict the right to discover or
use in any civil or criminal proceeding anything that is available
from another source and entirely independent of the proceedings of
the Unintentional Pharmaceutical Drug Overdose Fatality Review
Team.
(f) Members of the Unintentional Pharmaceutical Drug Overdose
Fatality Review Team may not be questioned in any civil or criminal
proceeding regarding information presented in or opinions formed as
a result of a meeting of the team. This subsection may not be
construed to prevent a member of the Unintentional Pharmaceutical
Drug Overdose Fatality Review Team from testifying to information
obtained independently of the team or which is public information.
§61-12A-4. Other agencies of government required to cooperate.
State, county and local agencies, hospitals and other health
agencies shall provide the Unintentional Pharmaceutical Drug
Overdose Fatality Review Team with any information requested in
writing by the team as allowable by law and upon receipt of a
certified copy of the circuit court's order directing said agencies
to release information in its possession relating to the deceased.
The team shall assure that all information received and developed
in connection with this article remain confidential.
NOTE: The purpose of this bill is to
create the Unintentional
Pharmaceutical Drug Overdose Fatality Review Team. The bill sets
forth membership of the team and its responsibilities. The bill
requires the examination and the providing of preventative
education in cases that involve unintentional pharmaceutical drug
overdose deaths. The bill requires other state agencies to
cooperate with the team. The bill also grants rulemaking authority.
This article is new; therefore, strike-throughs and
underscoring have been omitted.