HBA-SEP S.B. 515 77(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 515 By: Madla Criminal Jurisprudence 4/29/2001 Committee Report (Amended) BACKGROUND AND PURPOSE In 1995, the 74th Legislature established child fatality review teams which have been influential in promoting positive systemic changes responsible for a decrease in incidents of child death and an improvement in the treatment of children by state and local agencies that provide services and assistance to children. However, similar teams to review incidents of adult deaths have not been established. Collecting data and performing specialized investigations to identify patterns, factors, triggers, and predictors of unexpected deaths may prevent future incidents of adult fatalities. Senate Bill 515 authorizes the creation of adult fatality review teams at the county level to review cases involving abuse, neglect, family violence, or suicide. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 515 amends the Health and Safety Code to authorize the establishment of a multidisciplinary and multiagency adult fatality review team (team) for a county to conduct reviews of unexpected deaths that occur within the county. The commissioners court of a county is authorized to oversee the team's activities or to designate a county department to oversee those activities. The commissioner's court is also authorized to designate a nonprofit agency or a political subdivision of the state involved in the support or treatment of victims of family violence, abuse, or suicide to oversee the team's activities if the governing body of the nonprofit agency or political subdivision concurs. The bill sets forth eligible team members and requires the team to select a presiding officer from its members (Sec. 672.002). The bill sets forth provisions regarding the duties of the presiding officer (Sec. 672.004). In an effort to decrease the incidence of preventable deaths, the bill requires the team to develop and implement appropriate protocols; meet on a regular basis to review fatality cases suspected to have resulted from suicide, family violence, or abuse; recommend methods to improve coordination of services and investigations between agencies that are represented on the team; collect and maintain data as appropriate; and submit to the Department of Protective and Regulatory Services (department), not later than December 15 of each even-numbered year, a report on deaths reviewed. The department is required to make the reports available to the public (Sec. 672.003 and 672.008). The bill sets forth provisions relating to the review procedure of an unexpected death (Sec. 672.005). The team is authorized to request information and records regarding these deaths including medical, dental, and mental health care information, information and records maintained by any state or local government agency, and adult protective services information and records. On request of the presiding officer of a team, the custodian of the relevant information is required to provide the information or records to the team. A law enforcement agency or a medical examiner is authorized to decline to provide investigative data to a review team until after the conclusion of the investigation. The bill does not authorize the release of the original or copies of the mental health or medical records of any member of the deceased adult's family, the guardian or caretaker of the deceased adult, or an alleged or suspected perpetrator of family violence or abuse of the adult. Information relating to the mental health or medical condition of these individuals is authorized to be provided to the team (Sec. 672.006). A meeting of a team is closed to the public and not subject to the open meetings law. The bill does not prohibit the team from requesting the attendance of a person who is not a member of the team and who has information regarding a fatality resulting from suicide, family violence, or abuse. Except as necessary to carry out the team's purpose, team members and persons attending a meeting are prohibited from disclosing what occurred at the meeting. The bill provides that a team member is immune from civil or criminal liability arising from participation in a team (Sec. 672.007). Information and records obtained by a team in the exercise of its purpose and duties are confidential and exempt from disclosure under the open records law and are only authorized to be disclosed as necessary to carry out the team's purpose. A report of a team or a statistical compilation of data reports is a public record subject to the open records law, if the report or statistical compilation does not contain any information that would permit the identification of an individual and is not otherwise confidential or privileged. Confidential information and records are not subject to subpoena or discovery and are prohibited from being introduced into evidence in any civil or criminal proceeding. The bill provides that it is a Class A misdemeanor if a person discloses confidential information (Sec. 672.009). The bill provides that a team is a local governmental unit in regard to tort claims (Sec. 672.010). A person including a health care provider, who knows of the death of an adult that resulted from, or that occurred under circumstances indicating that death may have resulted from suicide, family violence, or abuse, is required to immediately report the death to the medical examiner of a county in which the death occurred, or as applicable, to a justice of the peace in that county (Sec. 672.011). A medical examiner or justice of the peace notified of a death is authorized to hold an inquest to determine whether the death was caused by suicide, family violence, or abuse. The medical examiner or justice of the peace is required to immediately notify the county or entity overseeing team activities of each notification of death, or each death found to be caused by or that may be a result of suicide, family violence, or abuse (Sec 672.012). EFFECTIVE DATE September 1, 2001. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 removes the provision that an adult fatality review team member is immune from civil or criminal liability arising from participation in a team. The amendment removes the provision that confidential information and records are not subject to subpoena or discovery and are prohibited from being introduced into evidence in any civil or criminal proceeding. The amendment provides that, subject to limits on liability amounts, a team or team member may be civilly liable for damages caused by the disclosure of information gathered pursuant to an investigation if such disclosure violates provisions regarding team meetings and the use of information and records.