Bill Summary – FastDemocracy

APPROVED                CHAPTER
                                                                JUNE 21, 2021                292
                                                              BY GOVERNOR              PUBLIC LAW
                                 STATE OF MAINE
                                         _____
                          IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-ONE
                                         _____
                                H.P. 1273 - L.D. 1718
   An Act To Establish the Accidental Drug Overdose Death Review Panel
   Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
    Whereas, the number of individuals residing in Maine who die as the result of an
accidental drug overdose is increasing and exceeds the national average on a per capita
basis; and
    Whereas, this legislation must take effect before the expiration of the 90-day period
to help prevent, as soon as possible, accidental drug overdose deaths; and
    Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 5 MRSA §200-M is enacted to read:
§200-M. Accidental Drug Overdose Death Review Panel
    There is created, within the Office of the Attorney General, the Accidental Drug
Overdose Death Review Panel, referred to in this section as "the panel," in order to
recommend to state, county and local agencies methods of preventing deaths as the result
of accidental drug overdoses including modification or enactment of laws, rules, policies
and procedures. For purposes of this section, "accidental drug overdoses" means those
overdoses that are presumed to be self-administered by an individual and excludes any
overdose that occurs within a licensed health care facility.
    1. Composition. The panel consists of the following members:
    A. The Chief Medical Examiner, ex officio;
    B. The Commissioner of Public Safety, ex officio;
    C. The director of the office of behavioral health within the Department of Health and
    Human Services, ex officio;
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    D. The Director of the Maine Center for Disease Control and Prevention within the
    Department of Health and Human Services, ex officio;
    E. The Chief Justice of the Supreme Judicial Court, ex officio;
    F. A prosecutor, nominated by a statewide association of prosecutors and appointed
    by the Attorney General;
    G. A police chief, nominated by a statewide association of chiefs of police and
    appointed by the Attorney General;
    H. A sheriff, nominated by a statewide association of sheriffs and appointed by the
    Attorney General;
    I. One or more physicians who treat substance use disorder, appointed by the
    Governor;
    J. An emergency medical services representative, appointed by the Commissioner of
    Public Safety;
    K. An expert in harm reduction strategies, appointed by the Governor;
    L. An academic research professor with experience in reviewing drug overdose deaths,
    appointed by the Attorney General;
    M. A representative of families affected by drug overdose deaths, appointed by the
    Governor;
    N. A person in recovery from substance use disorder, appointed by the Governor; and
    O. The director of opioid response within the Governor's Office of Policy Innovation
    and the Future, ex officio, who shall chair the panel.
In making appointments to the panel, the appointing authorities shall take into
consideration the racial and ethnic diversity of the State.
     2. Designees; terms of office. An ex officio member may appoint a designee to
represent the ex officio member on the panel. A designee, once appointed, qualifies as a
full voting member of the panel and may hold office and enjoy all the other rights and
privileges of full membership on the panel. Appointed members of the panel shall serve
for a term of 3 years. Any vacancy on the panel must be filled in the same manner as the
original appointment but for the unexpired term.
    3. Meetings. The panel shall meet at such time or times as may be reasonably
necessary to carry out its duties, but it shall meet at least twice per year. The panel's chair
shall call the first meeting before July 1, 2021.
    4. Powers and duties. The panel shall examine a subset of the deaths associated with
accidental drug overdoses, taking into consideration the racial and ethnic composition of
the population of individuals whose deaths are associated with an accidental drug overdose.
The deaths selected for review must be recommended by the Chief Medical Examiner or
the Chief Medical Examiner's designee or by an individual with whom the Office of the
Attorney General contracts for services. Notwithstanding any provision of law to the
contrary, the panel may review information surrounding an accidental drug overdose that
was not fatal, as long as review of such a case promotes the purpose of the panel under this
section. The panel shall recommend to state, county and local agencies methods of
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preventing deaths as the result of accidental drug overdoses including modification or
enactment of laws, rules, policies and procedures.
    5. Access to information, records and materials. In any case subject to review by
the panel, upon oral or written request of the panel, notwithstanding any provision of law
to the contrary, any person that possesses information or records that are necessary and
relevant to a panel review shall as soon as practicable provide the panel with the
information and records. Persons disclosing or providing information or records upon
request of the panel are not criminally or civilly liable for disclosing or providing
information or records in compliance with this subsection.
    6. Confidentiality. The proceedings and records of the panel are confidential and are
not subject to subpoena, discovery or introduction into evidence in a civil or criminal
action. The Office of the Attorney General shall disclose conclusions of the panel upon
request, but may not disclose information, records or data that are otherwise classified as
confidential.
    7. Noninterference. A review by the panel under this section is subject to and may
not interfere with the authority and responsibility of the Attorney General to investigate
and prosecute homicides pursuant to Title 5, section 200-A.
    Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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