| Chapter 022 |
| 2021 -- H 6014 Enacted 05/26/2021 |
| A N A C T |
| RELATING TO HEALTH AND SAFETY - OFFICE OF STATE MEDICAL EXAMINERS |
Introduced By: Representatives Potter, Caldwell, Baginski, Edwards, Kislak, and Morales |
| Date Introduced: February 26, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 23-4-3 of the General Laws in Chapter 23-4 entitled "Office of State |
| Medical Examiners" is hereby amended to read as follows: |
| 23-4-3. Functions. |
| The office of state medical examiners shall be responsible for: |
| (1) The investigation of deaths within the state that, in its judgment, might reasonably be |
| expected to involve causes of death enumerated in this chapter; |
| (2) For the conduct of inquests when requested by the attorney general; |
| (3) For the performance of autopsies, including the retention, examination, and appropriate |
| disposal of tissue, when appropriate, for deaths that, in its judgment, might reasonably be expected |
| to involve causes of deaths enumerated in this chapter; |
| (4) For the written determination of the causes of death investigated pursuant to this |
| chapter; |
| (5) For the presentation to the courts of Rhode Island of expert testimony relating to the |
| cause of death; |
| (6) For the keeping of complete records, including names, places, circumstances, and |
| causes of deaths, of deaths investigated and reported, copies of which shall be delivered to the |
| attorney general and of which written determinations of causes of death shall be made available for |
| public inspection; |
| (7) For the burial of bodies for which there is no other existing legal responsibility to do |
| so; |
| (8) For the development and enforcement of procedures for the pronouncement of death |
| and for the transplantation of organs from bodies of persons who have died within the state; |
| (9)(i) For a multidisciplinary team review of child fatalities with the goal to decrease the |
| prevalence of preventable child deaths and report recommendations for community- and systems- |
| intervention strategies. A child death-review team shall include, but is not limited to, representation |
| from state agencies, health care, child welfare, and law enforcement; and |
| (ii) The work product of the child death-review team shall be confidential and protected |
| under all applicable laws, including the federal Health Insurance Portability and Accountability Act |
| of 1996 and the Rhode Island confidentiality of health care information act (chapter 37.3 of title 5) |
| and shall be exempt from the provisions of chapter 2 of title 38 and shall be deemed privileged |
| pursuant to § 23-17.21-8; |
| (10) The department of health shall work with the department of children, youth and |
| families and the office of the child advocate to develop a process to ensure the timely availability |
| of autopsy reports on child deaths; |
| (11)(i) For a multidisciplinary team review of drug-related overdose deaths with the goal |
| of reducing the prevalence of these deaths by examining emerging trends in overdose, identifying |
| potential demographic, geographic, and structural points for prevention, and other factors. The |
| multidisciplinary team for review of drug-related overdose deaths may include, as determined by |
| the director of the department of health, representatives from the department of health; the |
| department of the attorney general; the Rhode Island state police; the department of corrections; |
| the department of behavioral healthcare, developmental disabilities and hospitals; the Rhode Island |
| Police Chiefs Association; the Hospital Association of Rhode Island; an emergency department |
| physician; a primary care physician; an addiction medicine/treatment provider; a mental health |
| clinician; a toxicologist; a recovery coach or other representative of the recovery community; and |
| others as may be determined by the director of the department of health; |
| (ii) The work product of the multidisciplinary team for review of drug-related overdose |
| deaths shall be confidential and protected under all applicable laws, including the federal Health |
| Insurance Portability and Accountability Act of 1996 and the Rhode Island confidentiality of health |
| care information act (chapter 37.3 of title 5), and shall be exempt from the provisions of chapter 2 |
| of title 38, not subject to subpoena, discovery, or introduction into evidence in any civil or criminal |
| proceeding, and not subject to disclosure beyond the team members (except to authorized |
| employees of the department of health as necessary to perform its official duties pursuant to this |
| subsection (11)); |
| (iii) The multidisciplinary team shall report on or before December 1 of each year to the |
| governor, the speaker of the house, and president of the senate, which report shall summarize the |
| activities of the team, as well as the team's findings, progress towards reaching its goals, and |
| recommendations for any needed changes in legislation or otherwise; and |
| (iv) The provisions of subsection (11) shall sunset and be repealed effective December 31, |
| 2020; and |
| (12)(i) For a multidisciplinary maternal mortality review committee for review of maternal |
| deaths of women that occur during pregnancy, delivery, or within one year of the end of pregnancy |
| with the goal of reducing the prevalence of such deaths by examining emerging trends in such |
| deaths, identifying potential demographic, geographic, and structural points for prevention, and |
| other factors. This committee has the authority to request and receive data from vital records, |
| healthcare providers, healthcare facilities, pharmacy records, and any other agencies or officials |
| having information that is necessary for the committee to carry out its duties under this section. |
| The multidisciplinary maternal mortality review committee shall include, but not be limited to, as |
| determined by the director of the department of health, representation from state agencies; an |
| obstetric provider from each hospital that delivers obstetrical care; a neonatal specialist; individuals |
| or organizations that represent the populations that are most affected by pregnancy-related deaths |
| or pregnancy-associated deaths and lack of access to maternal healthcare services; a perinatal |
| pathologist; and a maternal fetal medicine specialist. This committee shall develop |
| recommendations for the prevention of maternal deaths and disseminate findings and |
| recommendations to policy makers, healthcare providers, healthcare facilities, and the general |
| public. |
| (ii) The work product of the maternal mortality review committee shall be confidential and |
| protected under all applicable laws, including the federal Health Insurance Portability and |
| Accountability Act of 1996 and the Rhode Island confidentiality of health care information act |
| (chapter 37.3 of title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall |
| be deemed privileged pursuant to § 23-17.21-8. |
| SECTION 2. This act shall take effect upon passage. |
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| LC002211 |
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