HB 2194
Initials AG/BSR Page 1 Health & Human Services
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
HB 2194: drug overdose fatality review teams
Sponsor: Representative Nguyen, LD 1
Committee on Health & Human Services
Overview
Reinstates the Drug Overdose Fatality Review Team (Review Team) within the Arizona
Department of Health Services (DHS) and its powers and duties.
History
DHS aims to promote, protect and improve the health and wellness of individuals and
communities in Arizona. The agency strives to set the standard for personal and community health
through direct care, science, public policy and leadership. DHS operates programs from the
following areas: 1) disease prevention and control; 2) health promotion; 3) community public
health; 4) environmental health; 5) maternal and child health; 6) emergency preparedness; 7)
regulation of healthcare intuitions and facilities.
Laws 2017, Chapter 234 established the Review Team, within DHS, to develop a drug overdose
fatalities data collection system. The bill outlined membership specifications, duties and
responsibilities and confidentiality requirements. The Review Team was terminated on January
1, 2023.
Provisions
1. Reinstates the Review Team within DHS to be composed of the following department heads:
a) DHS;
b) Attorney General;
c) Arizona Health Care Cost Containment System;
d) Department of Economic Security;
e) Governor's Office of Y outh, Faith and Family;
f) Administrative Office of the Courts;
g) State Department of Corrections;
h) Arizona Council of Human Services Providers; and
i) Department of Public Safety. (Sec. 1)
2. Outlines the Review Teams powers and duties. (Sec. 1)
3. Authorizes DHS to appoint certain professionals to also serve on the Review Team. (Sec. 1)
4. Specifies that Review Team members are not eligible to receive compensation but are eligible
for reimbursement of expenses. (Sec. 1)
5. Instructs DHS to provide administrative and professional support to the Review Team.
(Sec. 1)
6. Requires law enforcement agencies to provide unredacted department reports to the
chairperson of a local Review Team on request. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2194
Initials AG/BSR Page 2 Health & Human Services
7. Grants the Chairperson of the Review Team or local Review Team, within five days excluding
weekends and holidays, access to information and records regarding a drug overdose fatality
that is being reviewed by the team or person who overdosed on drugs upon request. (Sec. 1)
8. Allows the Review Team to request information and records from specified entities. (Sec. 1)
9. Permits a law enforcement agency, with the approval of the prosecuting attorney, to withhold
any investigative records from a Review Team or local Review Team that may interfere with
a pending criminal investigation or prosecution. (Sec. 1)
10. Authorizes the DHS Director to petition the superior court for specified documentation related
to the person who overdosed on drugs. (Sec. 1)
11. Requires subpoenas to be served and enforced in a manner provided by law. (Sec. 1)
12. States that a law enforcement agency is not required to produce the subpoenaed information
if the evidence relates to a pending criminal investigation or prosecution. (Sec. 1)
13. Mandates all records be returned to the agency or organization on completion of the review.
(Sec. 1)
14. Prohibits the Review Team or local Review Team from keeping written reports or records
containing identifying information. (Sec. 1)
15. Mandates that all information and records acquired by the Review Team or any local Review
Team are confidential and not subject to subpoena, discovery or introduction into evidence in
any civil or criminal proceeding or disciplinary action, except for documents, information and
records that are otherwise available from other resources because they were presented to or
reviewed by a Review Team. (Sec. 1)
16. Exempts Review Team members, local Review Teams, persons attending a team meeting
and presenting information to a Review Team from being questioned in a civil or criminal
proceedings regarding information presented in or opinions formed because of a meeting.
(Sec. 1)
17. Specifies that this does not prevent a person from testifying to information obtained
independently of the Review Team or that is public information. (Sec.1)
18. Allows a Review Team member or a local Review Team member to contact, interview, obtain
information by request or subpoena from family members of a deceased who overdosed on
drugs. (Sec. 1)
19. Clarifies that all other Review Team meetings are open to the public, except for meetings
where information about an individual who overdosed on drugs is being reviewed by the
Review Team. (Sec. 1)
20. Classifies a violation of the prescribed confidentiality requirements as a class 2 misdemeanor.
(Sec. 1)
21. Repeals the Review Team on January 1, 2029. (Sec. 2)