Assigned to HHS FOR
COMMITTEE
Assigned to HHS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
drug overdose review teams; records
Purpose
Requires law enforcement agencies to provide unredacted reports to a local drug overdose fatality review team on request.
Background
Laws 2017, Chapter 234 established a drug overdose fatality review team (team) which reports to the Department of Health Services (DHS). The team's duties include the following: 1) develop a drug overdose fatalities data collection system; 2) conduct an annual analysis on the incidence and causes of drug overdoses; 3) encourage and assist in the development of local drug overdose fatality review teams; 4) develop standards and protocols for the review teams and provide training and technical assistance; 5) develop protocols for drug overdose investigations; 6) study what changes are needed to decrease the incidence of preventable drug overdose fatalities and take steps to implement, as appropriate; and 7) educate the public regarding the incidence and causes of drug overdose fatalities as well as the public's role in preventing these deaths. Team members are not eligible for compensation but some are eligible for reimbursement of expenses. DHS provides professional and administrative support to the team (A.R.S. § 36-198).
All information and records acquired by the team or any local team are confidential and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding. A member of the team or any local team may contact, interview or obtain information by request or subpoena from a family member of a deceased person who overdosed on drugs. Meetings of the team or any local team are closed to the public (A.R.S. § 36-198.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires law enforcement agencies to provide unredacted reports to the chairperson of a local drug overdose fatality review team on request.
2. Establishes that all information and records obtained by a local drug overdose fatality review team are confidential and are not subject to subpoena, discovery or introduction into evidence in a civil or criminal proceeding or disciplinary action.
3. Stipulates that information and records that available from other sources are not immune from subpoena, discovery or introduction into evidence solely because the information or record was presented to or reviewed by a local drug overdose fatality review team.
4. Precludes local team members and meeting participants in a local review team meeting from being questioned in a civil or criminal proceeding or disciplinary action relating to the information presented.
5. Becomes effective on the general effective date.
House Action
JPS 1/31/18 DP 9-0-0-0
3rd Read 2/08/18 57-0-2-0
Prepared by Senate Research
February 26, 2018
CRS/NW/lat