1-1 By: Madla, Moncrief S.B. No. 515 1-2 (In the Senate - Filed February 2, 2001; February 5, 2001, 1-3 read first time and referred to Committee on Health and Human 1-4 Services; March 5, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 7, Nays 0; 1-6 March 5, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 515 By: Madla 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the establishment of an adult fatality review team and 1-11 to the reporting and investigation of certain adult deaths; 1-12 providing a penalty. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Subtitle A, Title 8, Health and Safety Code, is 1-15 amended by adding Chapter 672 to read as follows: 1-16 CHAPTER 672. ADULT FATALITY REVIEW AND INVESTIGATION 1-17 Sec. 672.001. DEFINITIONS. In this chapter: 1-18 (1) "Abuse" means: 1-19 (A) the negligent or wilful infliction of 1-20 injury, unreasonable confinement, intimidation, or cruel punishment 1-21 with resulting emotional or physical harm leading to death; or 1-22 (B) sexual abuse of an adult, including any 1-23 involuntary or nonconsensual sexual conduct that would constitute 1-24 an offense under Section 21.08, Penal Code, or Chapter 22, Penal 1-25 Code. 1-26 (2) "Autopsy" and "inquest" have the meanings assigned 1-27 by Article 49.01, Code of Criminal Procedure. 1-28 (3) "Family violence" has the meaning assigned by 1-29 Section 71.004, Family Code. 1-30 (4) "Health care provider" means any health care 1-31 practitioner or facility that provides medical evaluation or 1-32 treatment, including dental and mental health evaluation or 1-33 treatment. 1-34 (5) "Review" means a reexamination of information 1-35 regarding a deceased adult from relevant agencies, professionals, 1-36 and health care providers. 1-37 (6) "Review team" means an unexpected fatality review 1-38 team established under this chapter. 1-39 (7) "Unexpected death" includes a death of an adult 1-40 that before investigation appears: 1-41 (A) to have occurred without anticipation or 1-42 forewarning; and 1-43 (B) to have been caused by suicide, family 1-44 violence, or abuse. 1-45 Sec. 672.002. ESTABLISHMENT OF REVIEW TEAM. (a) A 1-46 multidisciplinary and multiagency unexpected fatality review team 1-47 may be established for a county to conduct reviews of unexpected 1-48 deaths that occur within the county. A review team for a county 1-49 with a population of less than 50,000 may join with an adjacent 1-50 county or counties to establish a combined review team. 1-51 (b) The commissioners court of a county may oversee the 1-52 activities of the review team or may designate a county department 1-53 to oversee those activities. The commissioners court may designate 1-54 a nonprofit agency or a political subdivision of the state involved 1-55 in the support or treatment of victims of family violence, abuse, 1-56 or suicide to oversee the activities of the review team if the 1-57 governing body of the nonprofit agency or political subdivision 1-58 concurs. 1-59 (c) Any person who may be a member of a review team under 1-60 Subsection (d) may initiate the establishment of a review team and 1-61 call the first organizational meeting of the team. 1-62 (d) A review team may include: 1-63 (1) a criminal prosecutor involved in prosecuting 1-64 crimes involving family violence; 2-1 (2) a peace officer; 2-2 (3) a justice of the peace or medical examiner; 2-3 (4) a public health professional; 2-4 (5) a representative of the Department of Protective 2-5 and Regulatory Services engaged in providing adult protective 2-6 services; 2-7 (6) a mental health services provider; 2-8 (7) a representative of the family violence shelter 2-9 center providing services to the county; 2-10 (8) the victim witness advocate in the county 2-11 prosecutor's office; 2-12 (9) a representative from the battering intervention 2-13 and prevention program for the county; and 2-14 (10) a community supervision and corrections 2-15 department officer. 2-16 (e) Members of a review team may select additional team 2-17 members according to community resources and needs. 2-18 (f) A review team shall select a presiding officer from its 2-19 members. 2-20 (g) Members selected under Subsection (e) must reflect the 2-21 geographical, cultural, racial, ethnic, and gender diversity of the 2-22 county or counties represented. 2-23 (h) Members selected under this section should have 2-24 experience in abuse, neglect, suicide, family violence, or elder 2-25 abuse. 2-26 Sec. 672.003. PURPOSE AND POWERS OF REVIEW TEAM. (a) The 2-27 purpose of a review team is to decrease the incidence of 2-28 preventable adult deaths by: 2-29 (1) providing assistance, direction, and coordination 2-30 to the investigations of deaths from suicide, family violence, or 2-31 abuse; 2-32 (2) promoting cooperation, communication, and 2-33 coordination among agencies involved in responding to unexpected 2-34 deaths; 2-35 (3) developing an understanding of the causes and 2-36 incidence of unexpected deaths in the county or counties in which 2-37 the review team is located; and 2-38 (4) advising the legislature, appropriate state 2-39 agencies, and local law enforcement agencies on changes to law, 2-40 policy, or practice that will reduce the number of unexpected 2-41 deaths. 2-42 (b) To achieve its purpose, a review team shall: 2-43 (1) develop and implement, according to local needs 2-44 and resources, appropriate protocols; 2-45 (2) meet on a regular basis to review fatality cases 2-46 suspected to have resulted from suicide, family violence, or abuse 2-47 and recommend methods to improve coordination of services and 2-48 investigations between agencies that are represented on the team; 2-49 (3) collect and maintain data, as appropriate; and 2-50 (4) submit the report required under Section 672.008. 2-51 Sec. 672.004. DUTIES OF PRESIDING OFFICER. The presiding 2-52 officer of a review team may: 2-53 (1) send notices to the review team members of a 2-54 meeting to review a fatality involving suspected suicide, family 2-55 violence, or abuse; 2-56 (2) provide a list to the review team members of each 2-57 fatality to be reviewed at the meeting; and 2-58 (3) ensure that the review team operates according to 2-59 the protocols developed by the review team. 2-60 Sec. 672.005. REVIEW PROCEDURE. (a) The review team of the 2-61 county in which the event that was the cause of the unexpected 2-62 death occurred, as stated on the death certificate or as otherwise 2-63 indicated by the medical examiner or justice of the peace notified 2-64 of the death, may review the death. 2-65 (b) On receipt of the list of fatalities under Section 2-66 672.004, each review team member shall review available records for 2-67 information regarding each listed unexpected death. 2-68 Sec. 672.006. ACCESS TO INFORMATION. (a) A review team may 2-69 request information and records regarding adult deaths resulting 3-1 from suicide, family violence, or abuse as necessary to carry out 3-2 the review team's purpose and duties. Records and information that 3-3 may be requested under this section include: 3-4 (1) medical, dental, and mental health care 3-5 information; and 3-6 (2) information and records maintained by any state or 3-7 local government agency, including: 3-8 (A) a birth certificate; 3-9 (B) law enforcement investigative data; 3-10 (C) medical examiner investigative data; 3-11 (D) juvenile court records; 3-12 (E) parole and probation information and 3-13 records; and 3-14 (F) adult protective services information and 3-15 records. 3-16 (b) On request of the presiding officer of a review team, 3-17 the custodian of the relevant information or records relating to 3-18 the deceased adult shall provide the information or records to the 3-19 review team. 3-20 (c) This section does not authorize the release of the 3-21 original or copies of the mental health or medical records of any 3-22 member of the deceased adult's family, the guardian or caretaker of 3-23 the deceased adult, or an alleged or suspected perpetrator of 3-24 family violence or abuse of the adult that are in the possession of 3-25 any state or local government agency as provided in Subsection 3-26 (a)(2). Information relating to the mental health or medical 3-27 condition of a member of the deceased adult's family, the guardian 3-28 or caretaker of the deceased adult, or the alleged or suspected 3-29 perpetrator of family violence or abuse of the deceased adult 3-30 acquired as part of an investigation by a state or local government 3-31 agency as provided in Subsection (a)(2) may be provided to the 3-32 review team. 3-33 (d) This section does not authorize any interference with a 3-34 criminal investigation, inquest, or autopsy. 3-35 Sec. 672.007. MEETING OF REVIEW TEAM. (a) A meeting of a 3-36 review team is closed to the public and not subject to the open 3-37 meetings law, Chapter 551, Government Code. 3-38 (b) This section does not prohibit a review team from 3-39 requesting the attendance at a closed meeting of a person who is 3-40 not a member of the review team and who has information regarding a 3-41 fatality resulting from suicide, family violence, or abuse. 3-42 (c) Except as necessary to carry out a review team's purpose 3-43 and duties, members of a review team and persons attending a review 3-44 team meeting may not disclose what occurred at the meeting. 3-45 (d) A member of a review team participating in the review of 3-46 an unexpected death is immune from civil or criminal liability 3-47 arising from participation in a review team, including civil or 3-48 criminal liability arising from information presented in or 3-49 opinions formed as a result of a meeting. 3-50 Sec. 672.008. REPORT. (a) Not later than December 15 of 3-51 each even-numbered year, each review team shall submit to the 3-52 Department of Protective and Regulatory Services a report on deaths 3-53 reviewed. 3-54 (b) Subject to Section 672.009, the Department of Protective 3-55 and Regulatory Services shall make the reports received under 3-56 Subsection (a) available to the public. 3-57 Sec. 672.009. USE OF INFORMATION AND RECORDS; 3-58 CONFIDENTIALITY. (a) Information and records acquired by a review 3-59 team in the exercise of its purpose and duties under this chapter 3-60 are confidential and exempt from disclosure under the open records 3-61 law, Chapter 552, Government Code, and may only be disclosed as 3-62 necessary to carry out the review team's purpose and duties. 3-63 (b) A report of a review team or a statistical compilation 3-64 of data reports is a public record subject to the open records law, 3-65 Chapter 552, Government Code, as if the review team were a 3-66 governmental body under that chapter, if the report or statistical 3-67 compilation does not contain any information that would permit the 3-68 identification of an individual and is not otherwise confidential 3-69 or privileged. 4-1 (c) A member of a review team may not disclose any 4-2 information that is confidential under this section. 4-3 (d) Information and records of a review team that are 4-4 confidential under this section are not subject to subpoena or 4-5 discovery and may not be introduced into evidence in any civil or 4-6 criminal proceeding, except that information and records otherwise 4-7 available from other sources are not immune from subpoena, 4-8 discovery, or introduction into evidence solely because they were 4-9 presented during proceedings of a review team or are maintained by 4-10 a review team. 4-11 (e) A person commits an offense if the person discloses 4-12 information made confidential by this section. An offense under 4-13 this subsection is a Class A misdemeanor. 4-14 Sec. 672.010. GOVERNMENTAL UNIT. A review team established 4-15 under this chapter is a local governmental unit for purposes of 4-16 Chapter 101, Civil Practice and Remedies Code. 4-17 Sec. 672.011. REPORT OF UNEXPECTED FATALITY. (a) A person, 4-18 including a health care provider, who knows of the death of an 4-19 adult that resulted from, or that occurred under circumstances 4-20 indicating death may have resulted from, suicide, family violence, 4-21 or abuse, shall immediately report the death to the medical 4-22 examiner of the county in which the death occurred or, if the death 4-23 occurred in a county that does not have a medical examiner's office 4-24 or that is not part of a medical examiner's district, to a justice 4-25 of the peace in that county. 4-26 (b) The requirement of this section is in addition to any 4-27 other reporting requirement imposed by law. 4-28 Sec. 672.012. PROCEDURE IN THE EVENT OF REPORTABLE DEATH. 4-29 (a) A medical examiner or justice of the peace notified of a death 4-30 under Section 672.011 may hold an inquest under Chapter 49, Code of 4-31 Criminal Procedure, to determine whether the death was caused by 4-32 suicide, family violence, or abuse. 4-33 (b) Without regard to whether an inquest is held under 4-34 Subsection (a), the medical examiner or justice of the peace shall 4-35 immediately notify the county or entity designated under Section 4-36 672.002(b) of: 4-37 (1) each notification of death received under Section 4-38 672.011; 4-39 (2) each death found to be caused by suicide, family 4-40 violence, or abuse; or 4-41 (3) each death that may be a result of suicide, family 4-42 violence, or abuse, without regard to whether the suspected 4-43 suicide, family violence, or abuse is determined to be a sole or 4-44 contributing cause and without regard to whether the cause of death 4-45 is conclusively determined. 4-46 SECTION 2. This Act takes effect September 1, 2001. 4-47 * * * * *