Senate Bill S2032

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2032
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to authorizing  local
   or regional accidental fatality review teams
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 2 of the public health law is amended by  adding  a
 new title 8 to read as follows:
                                   TITLE 8
            LOCAL OR REGIONAL ACCIDENTAL FATALITY REVIEW TEAMS
 SECTION 269. LOCAL OR REGIONAL ACCIDENTAL FATALITY REVIEW TEAMS.
   § 269. LOCAL OR REGIONAL ACCIDENTAL FATALITY REVIEW TEAMS. 1. AN ACCI-
 DENTAL  FATALITY  REVIEW  TEAM MAY BE ESTABLISHED AT A LOCAL OR REGIONAL
 LEVEL, WITH THE APPROVAL OF THE DEPARTMENT, FOR THE PURPOSE OF  INVESTI-
 GATING  THE  UNEXPECTED OR UNEXPLAINED DEATH OF ANY PERSON INCLUDING BUT
 NOT LIMITED TO DEATHS SUSPECTED TO BE CAUSED BY OVERDOSE OR SUICIDE.
   2. FOR THE PURPOSES OF THIS SECTION, A LOCAL  OR  REGIONAL  ACCIDENTAL
 FATALITY  REVIEW  TEAM SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, REPRE-
 SENTATIVES FROM THE DEPARTMENT, COUNTY DEPARTMENT OF HEALTH, OR,  SHOULD
 THE  LOCALITY  NOT  HAVE A COUNTY DEPARTMENT OF HEALTH, THE LOCAL HEALTH
 COMMISSIONER OR HIS OR HER DESIGNEE OR THE LOCAL PUBLIC HEALTH  DIRECTOR
 OR  HIS  OR  HER DESIGNEE, OFFICE OF MENTAL HEALTH, OFFICE OF ALCOHOLISM
 AND SUBSTANCE ABUSE, COUNTY DEPARTMENT OF MENTAL HEALTH, OFFICE  OF  THE
 MEDICAL  EXAMINER,  OR, SHOULD THE LOCALITY NOT HAVE A MEDICAL EXAMINER,
 OFFICE OF THE CORONER, OFFICE OF THE DISTRICT ATTORNEY,  OFFICE  OF  THE
 COUNTY  ATTORNEY,  LOCAL  AND  STATE  LAW ENFORCEMENT, EMERGENCY MEDICAL
 SERVICES, A PHYSICIAN OR  COMPARABLE  MEDICAL  PROFESSIONAL,  PREFERABLY
 WITH  EXPERTISE  IN THE AREAS OF SUBSTANCE ABUSE OR MENTAL HEALTH, AND A
 SUBSTANCE ABUSE PROGRAM PROVIDER. A LOCAL OR REGIONAL ACCIDENTAL FATALI-
 TY REVIEW TEAM MAY ALSO INCLUDE REPRESENTATIVES FROM MEDICAL FACILITIES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04313-01-1
              

 S. 2032                             2
 
 INCLUDING HOSPITALS  OR  OTHER  APPROPRIATE  AGENCIES  OR  INSTITUTIONS,
 DOMESTIC VIOLENCE AGENCIES, AND SUBSTANCE ABUSE PROGRAMS.
   3.  A  LOCAL  OR  REGIONAL ACCIDENTAL FATALITY REVIEW TEAM ESTABLISHED
 PURSUANT TO THIS SECTION SHALL HAVE ACCESS TO ALL RECORDS, EXCEPT  THOSE
 PROTECTED BY STATUTORY PRIVILEGE, WITHIN TWENTY-ONE DAYS OF RECEIPT OF A
 REQUEST.
   4.  MEMBERS  OF  A  LOCAL OR REGIONAL ACCIDENTAL FATALITY REVIEW TEAM,
 PERSONS ATTENDING A MEETING OF A LOCAL OR REGIONAL  ACCIDENTAL  FATALITY
 REVIEW  TEAM, AND PERSONS WHO PRESENT INFORMATION TO A LOCAL OR REGIONAL
 ACCIDENTAL FATALITY REVIEW TEAM SHALL HAVE IMMUNITY FROM CIVIL AND CRIM-
 INAL LIABILITY FOR ALL REASONABLE AND GOOD FAITH ACTIONS TAKEN  PURSUANT
 TO  THIS  SECTION,  AND SHALL NOT BE QUESTIONED IN ANY CIVIL OR CRIMINAL
 PROCEEDING REGARDING ANY OPINIONS FORMED AS A RESULT OF A MEETING  OF  A
 LOCAL  OR  REGIONAL  ACCIDENTAL  FATALITY  REVIEW  TEAM. NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO PREVENT A PERSON  FROM  TESTIFYING  AS  TO
 INFORMATION  OBTAINED  INDEPENDENTLY  OF  A LOCAL OR REGIONAL ACCIDENTAL
 FATALITY REVIEW TEAM OR WHICH IS PUBLIC INFORMATION.
   5. (A) ALL MEETINGS CONDUCTED AND ALL REPORTS  AND  RECORDS  MADE  AND
 MAINTAINED,  AND BOOKS AND PAPERS OBTAINED, BY A LOCAL OR REGIONAL ACCI-
 DENTAL FATALITY REVIEW TEAM SHALL BE CONFIDENTIAL AND NOT  OPEN  TO  THE
 GENERAL  PUBLIC EXCEPT BY COURT ORDER AND EXCEPT FOR AN ANNUAL REPORT OR
 A FATALITY REPORT, IF THE FATALITY REVIEW TEAM CHOOSES TO COMPLETE  SUCH
 AN  ANNUAL REPORT OR FATALITY REPORT. ANY SUCH ANNUAL REPORT OR FATALITY
 REPORT SHALL NOT CONTAIN ANY INDIVIDUALLY IDENTIFIABLE  INFORMATION  AND
 SHALL  BE  PROVIDED  TO  THE  DEPARTMENT UPON COMPLETION. THE DEPARTMENT
 SHALL FORWARD COPIES OF ANY SUCH REPORT TO ALL OTHER LOCAL  OR  REGIONAL
 ACCIDENTAL  FATALITY  REVIEW TEAMS ESTABLISHED PURSUANT TO THIS SECTION,
 AND TO THE GOVERNOR, THE TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  THE
 SPEAKER OF THE ASSEMBLY.
   (B)  ANY  FATALITY  REPORT  COMPLETED  PURSUANT  TO THIS SECTION SHALL
 INCLUDE (I) THE CAUSE OF DEATH, WHETHER FROM NATURAL  OR  OTHER  CAUSES,
 (II)  IDENTIFICATION OF ANY SERVICES PROVIDED OR ACTIONS TAKEN REGARDING
 SUCH PERSON AND HIS OR HER  FAMILY  INCLUDING  PRIOR  TO  SUCH  PERSON'S
 DEATH,  (III)  ANY EXTRAORDINARY OR PERTINENT INFORMATION CONCERNING THE
 CIRCUMSTANCES OF SUCH PERSON'S DEATH, (IV) ANY ACTION OR FURTHER  INVES-
 TIGATION UNDERTAKEN BY THE DEPARTMENT SINCE THE DEATH OF THE PERSON, AND
 (V) AS APPROPRIATE, RECOMMENDATIONS FOR LOCAL OR STATE ADMINISTRATIVE OR
 POLICY CHANGES.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.