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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2818 By: Kendrix
AS INTRODUCED
An Act relating to sunset; amending 63 O.S. 2021,
Section 2-1001, which relates to the Opioid Overdose
Fatality Review Board ; re-creating the Board; and
modifying termination date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -1001, is
amended to read as follows:
Section 2-1001. A. There is hereby created until July 1, 2023
2029, in accordance with the Oklahoma Sunset Law, the Opioid
Overdose Fatality Review Board within the Department of Mental
Health and Substance Abuse Services. The Board shall have the power
and duty to:
1. Coordinate and in tegrate state and local efforts to a ddress
overdose deaths and create a body of information to prevent overdose
deaths;
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2. Conduct case reviews of deaths of persons eigh teen (18)
years of age or older due to licit or illi cit opioid use in this
state;
3. Collect, analyze and interpret state and local data on
opioid overdose deaths;
4. Develop a state and local database on opioid overdose
deaths;
5. Improve policies, pro cedures and practices within the
agencies in order to prevent fatal opioid overdoses a nd to serve
victims of unintentional overdose; and
6. Enter into agreements with other state, local or private
entities as necessary to carry out the duties of the Opioi d Overdose
Fatality Review Board, including but not limited to, conducting
joint reviews with the Child Death Review Board on unintentional
overdose cases involving child death and child near -death incidents.
B. In carrying out its duties and responsibili ties, the Board
shall:
1. Promulgate rules establis hing criteria for identifying case s
involving an opioid overdose death subject to specific, in-depth
review by the Board;
2. Conduct a specific case review of those cases where the
cause of death is or m ay be related to overdose of opioid drugs;
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3. Establish and maintain statistical info rmation related to
opioid overdose deaths including, but not limited to, demographic
and medical diagnostic information;
4. Establish procedures for obtaining initial in formation
regarding opioid overdose deaths from law enforcement agencies;
5. Review the policies, practices and procedure s of medical
systems and law enforcement systems and other overdose protection
and prevention systems, and make specific recommendatio ns to those
entities for actions necessary for the i mprovement of the system;
6. Request and obtain a copy of all records and reports
pertaining to an adult whose case is under review including, but not
limited to:
a. the report of the medical examiner,
b. hospital records,
c. school records,
d. court records,
e. prosecutorial records,
f. local, state and federal law enforce ment records
including, but not limited to, the Oklahoma State
Bureau of Investigation (OSBI) and Oklahoma Bureau of
Narcotics and Dangerous Drugs Control (OBN),
g. fire department recor ds,
h. State Department of Health records, including birth
certificate records,
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i. medical and dental records,
j. Department of Mental Health and Substance Abuse
Services and other mental health records,
k. emergency medical service records,
l. files of the Department of Human Services, an d
m. records in the possession of th e Child Death Review
Board when conducting a joint review in accordance
with paragraph 6 of subsection A of this section.
Confidential information provided to the Board shall be maintain ed
by the Board in a confidential manner as otherwise required by stat e
and federal law. Any person damaged by disclosure of such
confidential information by the Board or its members which is not
authorized by law may maintain an action for damages, costs and
attorney fees pursuant to The Governmental Tort Claims Act;
7. Maintain all confidential information, documents and records
in possession of the Board as confidential and not subject to
subpoena or discovery in any civil or criminal proceedings; prov ided
however, information, documen ts and records otherwise available f rom
other sources shall not be exempt from subpoena or discovery through
those sources solely because such information, documents and records
were presented to or reviewed by the Board;
8. Conduct reviews of specific ca ses of opioid overdose deaths
and request the preparation of additional information and reports as
determined to be necessary by the Board including, but not limited
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to, clinical summaries from treating physicians, chronol ogies of
contact and second-opinion autopsies;
9. Report, if recommen ded by a majority vote of the Board, to
the Governor, the President Pro Tempore of the Senate and the
Speaker of the House of Represen tatives any information and guidance
regarding the prevention and protection system to advise on changing
trends in overdose rates, substances, methods or any other factor
impacting overdose deaths, including any systemic issue within the
medical, law enforcement or other relevant systems discovered by the
Board while performing its duties; and
10. Exercise all incidental po wers necessary and proper for the
implementation and administration of the Opioid Overdose Fatality
Review Board.
C. The review and d iscussion of individual cases of an opioid
overdose death shall be conducted in execut ive session. All other
business shall be conducted in accordance with the provisions of the
Oklahoma Open Meeting Act. All discussions of individual cases and
any writings produced by or created for the Board in the cour se of
determining a remedial measu re to be recommended by the Board, a s
the result of a review of an individual case of an opioid overdose
death, shall be privileged and shall not be admissible in evidenc e
in any proceeding. The Board shall periodically c onduct meetings to
discuss organization and business matters and any a ctions or
recommendations aimed at improvement of the medical system or law
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enforcement system which shall be subject to the Oklahoma Open
Meeting Act. Part of any meeting of the Board may be specifically
designated as a business meeting of the Board subj ect to the
Oklahoma Open Meeting Act.
D. The Board shall submit an annual statistical report on the
incidence and causes of opioid ov erdose deaths in this state for
which the Board has completed its review during the pa st calendar
year including its recom mendations, if any, to the medical and law
enforcement system. The Board shall also prepare and make available
to the public, on an a nnual basis, a report containing a summary of
the activities of the Board relating to the review of opioid
overdose deaths, the extent to which the state medical and law
enforcement system is coordinated and an evaluation of whether the
state is efficiently discharging its responsibilities to prevent
opioid overdose deaths. The report shal l be completed no later than
February 1 of the subsequent year.
59-1-6001 LRB 01/07/23