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                                  * * * * *