1-1 AN ACT 1-2 relating to the establishment of an adult fatality review team and 1-3 to the reporting and investigation of certain adult deaths; 1-4 providing a penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subtitle A, Title 8, Health and Safety Code, is 1-7 amended by adding Chapter 672 to read as follows: 1-8 CHAPTER 672. ADULT FATALITY REVIEW AND INVESTIGATION 1-9 Sec. 672.001. DEFINITIONS. In this chapter: 1-10 (1) "Abuse" means: 1-11 (A) the negligent or wilful infliction of 1-12 injury, unreasonable confinement, intimidation, or cruel punishment 1-13 with resulting emotional or physical harm leading to death; or 1-14 (B) sexual abuse of an adult, including any 1-15 involuntary or nonconsensual sexual conduct that would constitute 1-16 an offense under Section 21.08, Penal Code, or Chapter 22, Penal 1-17 Code. 1-18 (2) "Autopsy" and "inquest" have the meanings assigned 1-19 by Article 49.01, Code of Criminal Procedure. 1-20 (3) "Family violence" has the meaning assigned by 1-21 Section 71.004, Family Code. 1-22 (4) "Health care provider" means any health care 1-23 practitioner or facility that provides medical evaluation or 1-24 treatment, including dental and mental health evaluation or 1-25 treatment. 2-1 (5) "Review" means a reexamination of information 2-2 regarding a deceased adult from relevant agencies, professionals, 2-3 and health care providers. 2-4 (6) "Review team" means an unexpected fatality review 2-5 team established under this chapter. 2-6 (7) "Unexpected death" includes a death of an adult 2-7 that before investigation appears: 2-8 (A) to have occurred without anticipation or 2-9 forewarning; and 2-10 (B) to have been caused by suicide, family 2-11 violence, or abuse. 2-12 Sec. 672.002. ESTABLISHMENT OF REVIEW TEAM. (a) A 2-13 multidisciplinary and multiagency unexpected fatality review team 2-14 may be established for a county to conduct reviews of unexpected 2-15 deaths that occur within the county. A review team for a county 2-16 with a population of less than 50,000 may join with an adjacent 2-17 county or counties to establish a combined review team. 2-18 (b) The commissioners court of a county may oversee the 2-19 activities of the review team or may designate a county department 2-20 to oversee those activities. The commissioners court may designate 2-21 a nonprofit agency or a political subdivision of the state involved 2-22 in the support or treatment of victims of family violence, abuse, 2-23 or suicide to oversee the activities of the review team if the 2-24 governing body of the nonprofit agency or political subdivision 2-25 concurs. 2-26 (c) Any person who may be a member of a review team under 3-1 Subsection (d) may initiate the establishment of a review team and 3-2 call the first organizational meeting of the team. 3-3 (d) A review team may include: 3-4 (1) a criminal prosecutor involved in prosecuting 3-5 crimes involving family violence; 3-6 (2) a peace officer; 3-7 (3) a justice of the peace or medical examiner; 3-8 (4) a public health professional; 3-9 (5) a representative of the Department of Protective 3-10 and Regulatory Services engaged in providing adult protective 3-11 services; 3-12 (6) a mental health services provider; 3-13 (7) a representative of the family violence shelter 3-14 center providing services to the county; 3-15 (8) the victim witness advocate in the county 3-16 prosecutor's office; 3-17 (9) a representative from the battering intervention 3-18 and prevention program for the county; and 3-19 (10) a community supervision and corrections 3-20 department officer. 3-21 (e) Members of a review team may select additional team 3-22 members according to community resources and needs. 3-23 (f) A review team shall select a presiding officer from its 3-24 members. 3-25 (g) Members selected under Subsection (e) must reflect the 3-26 geographical, cultural, racial, ethnic, and gender diversity of the 4-1 county or counties represented. 4-2 (h) Members selected under this section should have 4-3 experience in abuse, neglect, suicide, family violence, or elder 4-4 abuse. 4-5 Sec. 672.003. PURPOSE AND POWERS OF REVIEW TEAM. (a) The 4-6 purpose of a review team is to decrease the incidence of 4-7 preventable adult deaths by: 4-8 (1) promoting cooperation, communication, and 4-9 coordination among agencies involved in responding to unexpected 4-10 deaths; 4-11 (2) developing an understanding of the causes and 4-12 incidence of unexpected deaths in the county or counties in which 4-13 the review team is located; and 4-14 (3) advising the legislature, appropriate state 4-15 agencies, and local law enforcement agencies on changes to law, 4-16 policy, or practice that will reduce the number of unexpected 4-17 deaths. 4-18 (b) To achieve its purpose, a review team shall: 4-19 (1) develop and implement, according to local needs 4-20 and resources, appropriate protocols; 4-21 (2) meet on a regular basis to review fatality cases 4-22 suspected to have resulted from suicide, family violence, or abuse 4-23 and recommend methods to improve coordination of services and 4-24 investigations between agencies that are represented on the team; 4-25 (3) collect and maintain data, as appropriate; and 4-26 (4) submit the report required under Section 672.008. 5-1 Sec. 672.004. DUTIES OF PRESIDING OFFICER. The presiding 5-2 officer of a review team may: 5-3 (1) send notices to the review team members of a 5-4 meeting to review a fatality involving suspected suicide, family 5-5 violence, or abuse; 5-6 (2) provide a list to the review team members of each 5-7 fatality to be reviewed at the meeting; and 5-8 (3) ensure that the review team operates according to 5-9 the protocols developed by the review team. 5-10 Sec. 672.005. REVIEW PROCEDURE. (a) The review team of the 5-11 county in which the event that was the cause of the unexpected 5-12 death occurred, as stated on the death certificate or as otherwise 5-13 indicated by the medical examiner or justice of the peace notified 5-14 of the death, may review the death. 5-15 (b) On receipt of the list of fatalities under Section 5-16 672.004, each review team member shall review available records for 5-17 information regarding each listed unexpected death. 5-18 Sec. 672.006. ACCESS TO INFORMATION. (a) A review team may 5-19 request information and records regarding adult deaths resulting 5-20 from suicide, family violence, or abuse as necessary to carry out 5-21 the review team's purpose and duties. Records and information that 5-22 may be requested under this section include: 5-23 (1) medical, dental, and mental health care 5-24 information; and 5-25 (2) information and records maintained by any state or 5-26 local government agency, including: 6-1 (A) a birth certificate; 6-2 (B) law enforcement investigative data; 6-3 (C) medical examiner investigative data; 6-4 (D) juvenile court records; 6-5 (E) parole and probation information and 6-6 records; and 6-7 (F) adult protective services information and 6-8 records. 6-9 (b) On request of the presiding officer of a review team, 6-10 the custodian of the relevant information or records relating to 6-11 the deceased adult shall provide the information or records to the 6-12 review team. A law enforcement agency or a medical examiner may 6-13 decline to provide investigative data to a review team until after 6-14 the conclusion of the investigation. 6-15 (c) This section does not authorize the release of the 6-16 original or copies of the mental health or medical records of any 6-17 member of the deceased adult's family, the guardian or caretaker of 6-18 the deceased adult, or an alleged or suspected perpetrator of 6-19 family violence or abuse of the adult that are in the possession of 6-20 any state or local government agency as provided in Subsection 6-21 (a)(2). Information relating to the mental health or medical 6-22 condition of a member of the deceased adult's family, the guardian 6-23 or caretaker of the deceased adult, or the alleged or suspected 6-24 perpetrator of family violence or abuse of the deceased adult 6-25 acquired as part of an investigation by a state or local government 6-26 agency as provided in Subsection (a)(2) may be provided to the 7-1 review team. 7-2 (d) This section does not authorize any interference with a 7-3 criminal investigation, inquest, or autopsy. 7-4 Sec. 672.007. MEETING OF REVIEW TEAM. (a) A meeting of a 7-5 review team is closed to the public and not subject to the open 7-6 meetings law, Chapter 551, Government Code. 7-7 (b) This section does not prohibit a review team from 7-8 requesting the attendance at a closed meeting of a person who is 7-9 not a member of the review team and who has information regarding a 7-10 fatality resulting from suicide, family violence, or abuse. 7-11 (c) Except as necessary to carry out a review team's purpose 7-12 and duties, members of a review team and persons attending a review 7-13 team meeting may not disclose what occurred at the meeting. 7-14 Sec. 672.008. REPORT. (a) Not later than December 15 of 7-15 each even-numbered year, each review team shall submit to the 7-16 Department of Protective and Regulatory Services a report on deaths 7-17 reviewed. 7-18 (b) Subject to Section 672.009, the Department of Protective 7-19 and Regulatory Services shall make the reports received under 7-20 Subsection (a) available to the public. 7-21 Sec. 672.009. USE OF INFORMATION AND RECORDS; 7-22 CONFIDENTIALITY. (a) Information and records acquired by a review 7-23 team in the exercise of its purpose and duties under this chapter 7-24 are confidential and exempt from disclosure under the open records 7-25 law, Chapter 552, Government Code, and may only be disclosed as 7-26 necessary to carry out the review team's purpose and duties. 8-1 (b) A report of a review team or a statistical compilation 8-2 of data reports is a public record subject to the open records law, 8-3 Chapter 552, Government Code, as if the review team were a 8-4 governmental body under that chapter, if the report or statistical 8-5 compilation does not contain any information that would permit the 8-6 identification of an individual and is not otherwise confidential 8-7 or privileged. 8-8 (c) A member of a review team may not disclose any 8-9 information that is confidential under this section. 8-10 (d) A person commits an offense if the person discloses 8-11 information made confidential by this section. An offense under 8-12 this subsection is a Class A misdemeanor. 8-13 Sec. 672.010. CIVIL LIABILITY FOR DISCLOSURE OF INFORMATION. 8-14 Subject to the limits described in Section 101.023(b), Civil 8-15 Practice and Remedies Code, a team organized pursuant to this 8-16 chapter, or any member thereof, may be civilly liable for damages 8-17 caused by the disclosure of information gathered pursuant to an 8-18 investigation if such disclosure is made in violation of Section 8-19 672.007 and Section 672.009. 8-20 Sec. 672.011. GOVERNMENTAL UNIT. Subject to Section 8-21 672.010, a review team established under this chapter is a local 8-22 governmental unit for purposes of Chapter 101, Civil Practice and 8-23 Remedies Code. 8-24 Sec. 672.012. REPORT OF UNEXPECTED FATALITY. (a) A person, 8-25 including a health care provider, who knows of the death of an 8-26 adult that resulted from, or that occurred under circumstances 9-1 indicating death may have resulted from, suicide, family violence, 9-2 or abuse, shall immediately report the death to the medical 9-3 examiner of the county in which the death occurred or, if the death 9-4 occurred in a county that does not have a medical examiner's office 9-5 or that is not part of a medical examiner's district, to a justice 9-6 of the peace in that county. 9-7 (b) The requirement of this section is in addition to any 9-8 other reporting requirement imposed by law. 9-9 Sec. 672.013. PROCEDURE IN THE EVENT OF REPORTABLE DEATH. 9-10 (a) A medical examiner or justice of the peace notified of a death 9-11 under Section 672.012 may hold an inquest under Chapter 49, Code of 9-12 Criminal Procedure, to determine whether the death was caused by 9-13 suicide, family violence, or abuse. 9-14 (b) Without regard to whether an inquest is held under 9-15 Subsection (a), the medical examiner or justice of the peace shall 9-16 immediately notify the county or entity designated under Section 9-17 672.002(b) of: 9-18 (1) each notification of death received under Section 9-19 672.012; 9-20 (2) each death found to be caused by suicide, family 9-21 violence, or abuse; or 9-22 (3) each death that may be a result of suicide, family 9-23 violence, or abuse, without regard to whether the suspected 9-24 suicide, family violence, or abuse is determined to be a sole or 9-25 contributing cause and without regard to whether the cause of death 9-26 is conclusively determined. S.B. No. 515 10-1 SECTION 2. This Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 515 passed the Senate on March 7, 2001, by a viva-voce vote; May 25, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 25, 2001, House granted request of the Senate; May 27, 2001, Senate adopted Conference Committee Report by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 515 passed the House, with amendments, on May 23, 2001, by a non-record vote; May 25, 2001, House granted request of the Senate for appointment of Conference Committee; May 27, 2001, House adopted Conference Committee Report by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor