ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
drug overdose fatality review teams
Purpose
An emergency measure that reinstates, until January 1, 2029, the Drug Overdose Fatality Review Team (Review Team) within the Department of Health Services (DHS), and continues the Review Team's membership, powers and duties.
Background
Laws 2017, Chapter 234 established the Review Team within DHS to: 1) develop a drug overdose fatality data collection system; 2) conduct an analysis on the incidence and cause of Arizona drug overdoses in the preceding year; 3) encourage and assist in the development of local drug overdose review teams (local review teams); 4) develop standards and protocols for and provide training and technical assistance to local review teams; 5) develop protocols for drug overdose investigations; 6) study the adequacy of statutes, ordinances, rules, training and services to determine what changes are needed to decrease preventable drug overdose fatalities and, as appropriate, take steps to implement these changes; 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. The Review Team consists of 20 members, 9 of which are the heads of various government agencies, offices or councils, and 11 of which are individuals who meet outlined criteria and are appointed by the Director of DHS. The Review Team must designate a member to serve as chairperson or team coordinator. DHS must provide professional and administrative support to the Review Team. However, as of January 1, 2023, the Review Team was repealed.
Prior to the Review Team being repealed, statute outlined requirements relating to access to and confidentiality of Review Team records and information. The chairperson or team coordinator of the Review Team or a local review team must be provided with, upon request and within five working days, access to information and records regarding a drug overdose fatality that is under review. The Review Team may request any additional necessary information regarding a fatality from the individual's health care provider or from the state or applicable political subdivision. However, a law enforcement agency may withhold from the Review Team any records that might interfere with a pending criminal investigation or prosecution. Additionally, the Director of DHS may apply to the superior court for a subpoena, as necessary, to compel the production of books, records, documents and other evidence related to a person who overdosed on drugs. All information and records acquired by the Review Team or any local review team are confidential and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding, unless the information is otherwise available from an outside source. Members of or any person who attends or presents information to the Review team or a local 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, unless the person is testifying to public information or information obtained independently of the Review Team. Any person who breaches confidentiality of Review Team information or records is guilty of a class 2 misdemeanor (Laws 2017, Ch. 234).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Reinstates the Review Team within DHS and continues its membership, powers and duties.
2. Continues laws governing access to and confidentiality of Review Team records and information.
3. Requires law enforcement agencies to provide unredacted DHS reports to the chairperson or team coordinator of a local review team on request.
4. Specifies that all information and records acquired by a local review team are confidential and not subject to subpoena, discovery or introduction into evidence in a civil or criminal proceeding or disciplinary action.
5. Specifies that information and records that are otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence through those sources solely because the information or record was presented to or reviewed by a local review team.
6. Prohibits a member of or any person who presents information to a local review team from being questioned in any civil or criminal proceeding or disciplinary action regarding the presented information, unless the person is providing testimony regarding information obtained independently of the local review team or as to public information.
7. Repeals the Review Team and related laws on January 1, 2029.
8. Becomes effective on signature of the Governor, if the emergency clause is enacted.
House Action
HHS 1/30/23 DP 9-0-0-0
3rd Read 2/27/23 59-0-1
Prepared by Senate Research
March 17, 2023
MG/slp