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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3812 By: Dollens
AS INTRODUCED
An Act relating to public health and safety; creating
the Model Overdose Mapping and Response Act ;
providing definitions; directing the Oklahoma
Department of Mental Health and Su bstance Abuse
Services establish a response system; requiring
certain reporting; providing for implementation ;
limiting liability; defining certain conduct as
unprofessional; requiring reports to Legislature;
providing for authorization of response system;
specifying contents of reports; providing for
confidentiality; providing for severability;
providing for noncodification ; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Sta tutes reads as follows:
This act shall be known and may be cited as the "Model Overdose
Mapping and Response Act".
SECTION 2. NEW LAW A ne w section of law to be codified
in the Oklahoma Statutes as Section 1-2525.1 of Title 63, unless
there is created a duplication in numbering, reads as follows:
As used in this act:
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1. "Application programming interface" or "API" means a set of
tools, definitions, and protocol s for building and integrating
application software and servi ces with different software programs;
2. "Coroner" means the elected or appointed officer in e ach
county whose responsibility is to investigate the cause of death ;
3. "Emergency department personnel " means paid or volunteer
health care professionals li censed by this state who work in an
emergency department, including , but not limited to, physicians,
nurses, and medical assistants;
4. "Information technology platform" means the
Washington/Baltimore High Intensity Drug Trafficking Areas ' Overdose
Detection Mapping Application Program (ODMAP) which has the ability
to:
a. allow secure access to the system by auth orized users
to report information about an overdos e incident as
required by this act,
b. allow secure access to the system by authorized users
to view, in near real time, certain information about
overdose incidents reported pursuant to this act,
c. produce a map in near real time of the approximate
locations of confirmed or suspected overdose incidents
reported pursuant to this act,
d. interface with other information systems and
applications via an API , and
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e. enable access to over dose incident informat ion that
assists in state and local decision s regarding the
allocation of public health, public safety , and
educational resources ;
5. "Law enforcement officer" means a paid or volunteer
employee of a police department or sheriff 's office, which is a part
of, or administered by, the State of Oklahoma or any political
subdivision thereof, or any full -time or part-time employee of a
private police department, and who is responsible for the prevention
and detection of crime and the enfor cement of the penal, t raffic, or
highway laws of the State of Oklahoma;
6. "Medical examiner" means an individual appointed pursuant
to Section 935 of Title 63 of the Oklahoma Stat utes to perform death
investigations and establish the cause and manner of death, and
includes any person designated by such person to perform duties
pursuant to Section 935 of Title 63 of the Oklahoma Stat utes;
7. "Overdose" means injury to the body that happens when one
or more substance is t aken in an excessive amount. An overdose can
be fatal or nonfatal ;
8. "Overdose incident" means an occurrence where a law
enforcement officer, person who admini sters emergency services,
coroner, or medical examiner encounters a person experiencing, or
who recently experienced, a confirmed or suspected overdose;
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9. "Overdose reversal drug" means naloxone hydroch loride or
other similarly acting drug that is approved by the federal Food and
Drug Administration (FDA) for the emergency tr eatment of an
overdose;
10. "Overdose spike" means the occurrence of a significant
increase in the number of confirmed or suspected overdoses in a
certain timeframe that triggers t he overdose spike response plan
within a specific geographic area;
11. "Overdose spike respons e plan" means a compilation of
recommendations for coordinated responses to overdose spikes
identified through use of the information technology platform; and
12. "Person who administers emergency services " means a paid
or volunteer professional, other than a law enforcement officer, who
is trained and licensed in this state to provide emergency services
to the public, including, but not limited to, a firefighter,
emergency medical technician, emergency medical responder,
paramedic, or emergency department personnel.
SECTION 3. NEW LAW A new section of law to b e codified
in the Oklahoma Statutes as Section 1-2525.2 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The Oklahoma Department of Mental Health and Substance Abuse
Services is directed to:
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1. Ascertain and document the number, trends, patte rns, and
risk factors associated with known and suspected overdoses in
Oklahoma, both fatal and non fatal; and
2. Develop strategies for public health and public safety
interventions that may be e ffective in reducing the r ate of fatal or
nonfatal overdoses.
B. No later than twelve (12) months after the effective date
of this act, the Oklahoma Department of Mental Health and Substance
Abuse Services shall develop an overdose mapping and response system
in which a central repository containing informati on about overdose
incidents is established and maintained using the information
technology platform.
C. No later than twenty-four (24) months after the effective
date of this act, the overdose mapping an d response system will
capture information about all overdose incidents in at least eighty
percent (80%) of the counties in the state.
D. The overdose mapping and response system shall be designed
to avoid data entry duplication wherever possible , which may include
using one or more API s to transfer information about overdose
incidents that are currently reporte d to active databases existing
in Oklahoma to the information technology platform .
E. A law enforcement officer who responds to an overdose
incident shall report information abou t the overdose incident to the
information technology platform, as directed by su bsection H of this
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section, as soon as possible but no later than twenty -four (24)
hours after the overdose incident, to the extent that such
information is known.
F. A person who administers emer gency services while
responding to an overdose incident, or who tr ansports a person
experiencing a confirmed or su spected overdose to a medical
facility, shall report information about the overdose incident to
the information technolo gy platform, as directed by sub section H of
this section, as soon as possible but no later than twenty-four (24)
hours after the overdose incident, to the extent that such
information is known.
G. When a coroner or medical examiner de termines that the
cause of death of a person was the result of an overdose, the
coroner or medical examiner must report information about the
overdose incident to the information technology platform, as
directed by subsection H of this section, or give such information
to a person authorized to report it, as s oon as possible but no
later than twenty-four (24) hours after the determination of death,
to the extent that such information is known.
H. The following information about an overdos e incident shall
be reported by the individuals identified in subsections E, F, and G
of this section, using the information techno logy platform:
1. The date and time of the overdose incident;
2. The location of the overdose incident;
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3. Whether an overdose reversal drug was administered and, if
so, the number of doses and the type of delivery;
4. Whether the confirmed or suspe cted overdose was fatal or
nonfatal;
5. The gender and approximate age of the person suffering the
overdose incident; and
6. The suspected substance involved.
I. A person's or entity's report of information about an
overdose incident pursuant to this act does not preempt or replace
any other reporting requirement applicable to that person or entity.
J. During the course of implementing the overdose mapping and
response system, the Department:
1. Shall consult with all affected entities , including, but
not limited to, law enforcement agen cies, health care providers,
emergency service providers, public health agencies, coroners ,
medical examiners, tribal authorities, state drug court judges, and
federal and state prosecutors;
2. Shall enter into, or direct other state, county, or local
entities to enter into, all participation agreements, data -sharing
agreements, and other memoranda of understandin g necessary to fully
implement the overdose mapping response system; and
3. Shall promulgate rul es, regulations, or standard operating
procedures necessary to carry out the requirements of this act; an
emergency exists requiring the promulgation of emerg ency rules to
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preserve the public peace, health, sa fety, and welfare; and to
prevent substantial h arm to the public interest.
K. Persons or entities reporting information about an o verdose
incident pursuant to this act in good faith shall not be subject to
civil or criminal liability or damages for making the report, unless
their acts or omissions constitute willful and wanton misconduct.
L. The failure of a person identified in subsection E, F, or G
of this section to report information about an overdose incident as
required by this act constitutes a for m of unprofessional conduct,
and the Department may refer matters of noncompliance to the
appropriate state licensing board for investigation.
M. The Department will report to the Legislature regarding the
status of overdose mapping and response system implementation at six
(6) months, eighteen (18) months, and thirty (30) months after the
effective date of this act. The report at thirty (30) months is not
required if statewide adoption , as defined in subsection C of this
section, is attained prior to the eighteen -month report.
SECTION 4. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 1-2525.3 of Title 63, unless
there is created a duplication in numbering, reads as foll ows:
A. The information about overdose incid ents reported pursuant
to this act will be available to users of the information technology
platform authorized to view the data in real time. The process by
which such authorized users are decided upon and designated shall be
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addressed in one or more of the participation agreeme nts, data-
sharing agreements, and me moranda of understanding executed when
implementing the overdose mapping and response system.
B. Within twelve (12) months after the effective date o f this
act, the Oklahoma Department of Mental Health and Substance Abuse
Services, in conjunction with st ate and local law enf orcement
agencies and state and local public health departments, shall:
1. Determine parameters for ident ifying an overdose spike
throughout the state; and
2. Create overdose spike response plans that coordinate the
response of public health, public safe ty, emergency management,
first responders, community organizations, health care providers,
and the media with the goal of preventing and reducing the harm
caused by overdose spikes.
C. Commencing twelve (12) months after the effective date of
this act, and each year thereafter, the Department will prepare a
comprehensive report regarding the overdose mappin g and response
system established pursuant to this act that is delivered to or
immediately accessible by:
1. The Legislature;
2. State, county, an d local public health departments;
3. The single state authority on drugs and alcohol;
4. The Oklahoma Commission on Children and Youth; and
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5. Any other state or local agency designated by statute or
regulation.
D. Each report requi red under subsection C of this section
shall contain at least the following information:
1. The number of overdose incidents reported and the
approximate locations where the overdose incidents occurred,
including any clusters of overdose incidents;
2. The entities reporting information about overdose
incidents;
3. The percentage of overdose incidents involving fatal versus
nonfatal overdose; and
4. How the reported information about overdose in cidents was
used for public health and pu blic safety responses, the outcomes of
those responses, and the impact on affected communitie s.
E. In addition to using the overdose mapping and response
system as required in subsections B, C, and D of this section, the
Department may use the system to:
1. Establish public safety, public h ealth, and behavioral
health partnerships within the state;
2. Assist local communities in identifying additional ways to
use information about overdose incidents to deploy public health,
behavioral health, and publ ic safety interventions to address
specific geographic areas or high-risk individuals;
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3. Assist in the dis tribution of overdose reversal drugs
throughout the state; and
4. Assist in implementing strategies to reduce d rug supply and
demand, especially in high-risk areas and where there are high
volumes of elevated ri sk populations.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2525.4 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Information about overdose incidents reported to the
overdose mapping and response system by a person or enti ty other
than a law enforcement officer shall not be used for a criminal
investigation or prosecution of any person who satisfies th e
exemption from criminal liability contained in Section 5 of Title 76
of the Oklahoma Statutes.
B. Information about overdo se incidents reported to, and
accessible through, the overdose mapping an d response system shall
at all times remain confide ntial pursuant to all applicable federal,
state, and local laws and regulations pertaining to the collection,
storage, and disseminat ion of protected heal th information and
controlled unclassified informati on.
C. The reporting of information about overdo se incidents as
provided for in this act does not in any way diminish the
protections afforded by Section 5 of Title 76 of the Oklaho ma
Statutes pertaining to overdoses.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2525.5 of Title 63, unless
there is created a duplication in numbering, reads as follows:
If any provision of this act or application thereof to any
individual or circumstance is held invalid, the invalidity does not
affect other provisions or applications of this act that can be
given effect without the invalid provisi ons or applications, and to
this end, the provisions of t his act are severable.
SECTION 7. This act shall become effective November 1, 2024.
59-2-8778 TJ 01/05/24