1| STATE OF OKLAHOMA | | | 2| 1st Session of the 60th Legislature (2025) | | | 3|HOUSE BILL 1042 By: Kendrix | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to sunset; amending 63 O.S. 2021, | | Section 2-1001, as amended by Section 1, Chapter 91, | 8| O.S.L. 2023 (63 O.S. Supp. 2024, Section 2-1001), | | which relates to the Opioid Overdose Fatality Review | 9| Board; re-creating the Board; and modifying the | | termination date. | 10| | | | 11| | | | 12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 13| SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-1001, as | | | 14|amended by Section 1, Chapter 91, O.S.L. 2023 (63 O.S. Supp. 2024, | | | 15|Section 2-1001), is amended to read as follows: | | | 16| Section 2-1001. A. There is hereby created until July 1,2025| | | 17|2026, in accordance with the Oklahoma Sunset Law, the Opioid | | | 18|Overdose Fatality Review Board within the Department of Mental | | | 19|Health and Substance Abuse Services. The Board shall have the power | | | 20|and duty to: | | | 21| 1. Coordinate and integrate state and local efforts to address | | | 22|overdose deaths and create a body of information to prevent overdose | | | 23|deaths; | | | 24| | | | Req. No. 10610 Page 1 ___________________________________________________________________________
1| 2. Conduct case reviews of deaths of persons eighteen (18) | | | 2|years of age or older due to licit or illicit opioid use in this | | | 3|state; | | | 4| 3. Collect, analyze and interpret state and local data on | | | 5|opioid overdose deaths; | | | 6| 4. Develop a state and local database on opioid overdose | | | 7|deaths; | | | 8| 5. Improve policies, procedures and practices within the | | | 9|agencies in order to prevent fatal opioid overdoses and to serve | | | 10|victims of unintentional overdose; and | | | 11| 6. Enter into agreements with other state, local or private | | | 12|entities as necessary to carry out the duties of the Opioid Overdose | | | 13|Fatality Review Board, including but not limited to, conducting | | | 14|joint reviews with the Child Death Review Board on unintentional | | | 15|overdose cases involving child death and child near-death incidents. | | | 16| B. In carrying out its duties and responsibilities, the Board | | | 17|shall: | | | 18| 1. Promulgate rules establishing criteria for identifying cases | | | 19|involving an opioid overdose death subject to specific, in-depth | | | 20|review by the Board; | | | 21| 2. Conduct a specific case review of those cases where the | | | 22|cause of death is or may be related to overdose of opioid drugs; | | | 23| | | | 24| | | | Req. No. 10610 Page 2 ___________________________________________________________________________
1| 3. Establish and maintain statistical information related to | | | 2|opioid overdose deaths including, but not limited to, demographic | | | 3|and medical diagnostic information; | | | 4| 4. Establish procedures for obtaining initial information | | | 5|regarding opioid overdose deaths from law enforcement agencies; | | | 6| 5. Review the policies, practices and procedures of medical | | | 7|systems and law enforcement systems and other overdose protection | | | 8|and prevention systems, and make specific recommendations to those | | | 9|entities for actions necessary for the improvement of the system; | | | 10| 6. Request and obtain a copy of all records and reports | | | 11|pertaining to an adult whose case is under review including, but not | | | 12|limited to: | | | 13| a. the report of the medical examiner, | | | 14| b. hospital records, | | | 15| c. school records, | | | 16| d. court records, | | | 17| e. prosecutorial records, | | | 18| f. local, state and federal law enforcement records | | | 19| including, but not limited to, the Oklahoma State | | | 20| Bureau of Investigation (OSBI) and Oklahoma Bureau of | | | 21| Narcotics and Dangerous Drugs Control (OBN), | | | 22| g. fire department records, | | | 23| h. State Department of Health records, including birth | | | 24| certificate records, | | | Req. No. 10610 Page 3 ___________________________________________________________________________
1| i. medical and dental records, | | | 2| j. Department of Mental Health and Substance Abuse | | | 3| Services and other mental health records, | | | 4| k. emergency medical service records, | | | 5| l. files of the Department of Human Services, and | | | 6| m. records in the possession of the Child Death Review | | | 7| Board when conducting a joint review in accordance | | | 8| with paragraph 6 of subsection A of this section. | | | 9|Confidential information provided to the Board shall be maintained | | | 10|by the Board in a confidential manner as otherwise required by state | | | 11|and federal law. Any person damaged by disclosure of such | | | 12|confidential information by the Board or its members which is not | | | 13|authorized by law may maintain an action for damages, costs and | | | 14|attorney fees pursuant to The Governmental Tort Claims Act; | | | 15| 7. Maintain all confidential information, documents and records | | | 16|in possession of the Board as confidential and not subject to | | | 17|subpoena or discovery in any civil or criminal proceedings; provided | | | 18|however, information, documents and records otherwise available from | | | 19|other sources shall not be exempt from subpoena or discovery through | | | 20|those sources solely because such information, documents and records | | | 21|were presented to or reviewed by the Board; | | | 22| 8. Conduct reviews of specific cases of opioid overdose deaths | | | 23|and request the preparation of additional information and reports as | | | 24|determined to be necessary by the Board including, but not limited | | | Req. No. 10610 Page 4 ___________________________________________________________________________
1|to, clinical summaries from treating physicians, chronologies of | | | 2|contact and second-opinion autopsies; | | | 3| 9. Report, if recommended by a majority vote of the Board, to | | | 4|the Governor, the President Pro Tempore of the Senate and the | | | 5|Speaker of the House of Representatives any information and guidance | | | 6|regarding the prevention and protection system to advise on changing | | | 7|trends in overdose rates, substances, methods or any other factor | | | 8|impacting overdose deaths, including any systemic issue within the | | | 9|medical, law enforcement or other relevant systems discovered by the | | | 10|Board while performing its duties; and | | | 11| 10. Exercise all incidental powers necessary and proper for the | | | 12|implementation and administration of the Opioid Overdose Fatality | | | 13|Review Board. | | | 14| C. The review and discussion of individual cases of an opioid | | | 15|overdose death shall be conducted in executive session. All other | | | 16|business shall be conducted in accordance with the provisions of the | | | 17|Oklahoma Open Meeting Act. All discussions of individual cases and | | | 18|any writings produced by or created for the Board in the course of | | | 19|determining a remedial measure to be recommended by the Board, as | | | 20|the result of a review of an individual case of an opioid overdose | | | 21|death, shall be privileged and shall not be admissible in evidence | | | 22|in any proceeding. The Board shall periodically conduct meetings to | | | 23|discuss organization and business matters and any actions or | | | 24|recommendations aimed at improvement of the medical system or law | | | Req. No. 10610 Page 5 ___________________________________________________________________________
1|enforcement system which shall be subject to the Oklahoma Open | | | 2|Meeting Act. Part of any meeting of the Board may be specifically | | | 3|designated as a business meeting of the Board subject to the | | | 4|Oklahoma Open Meeting Act. | | | 5| D. The Board shall submit an annual statistical report on the | | | 6|incidence and causes of opioid overdose deaths in this state for | | | 7|which the Board has completed its review during the past calendar | | | 8|year including its recommendations, if any, to the medical and law | | | 9|enforcement system. The Board shall also prepare and make available | | | 10|to the public, on an annual basis, a report containing a summary of | | | 11|the activities of the Board relating to the review of opioid | | | 12|overdose deaths, the extent to which the state medical and law | | | 13|enforcement system is coordinated and an evaluation of whether the | | | 14|state is efficiently discharging its responsibilities to prevent | | | 15|opioid overdose deaths. The report shall be completed no later than | | | 16|February 1 of the subsequent year. | | | 17| | | | 18| 60-1-10610 SW 12/04/24 | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 10610 Page 6