SP0779
LD 2153
Session - 129th Maine Legislature
C "A", Filing Number S-488, Sponsored by
LR 3253
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill in section 1 in §200-M in the first indented paragraph in the last line (page 1, line 19 in L.D.) by adding at the end the following: ' 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.'

Amend the bill in section 1 in §200-M by striking out all of subsection 1 (page 1, lines 20 to 35 and page 2, lines 1 to 11 in L.D.) and inserting the following:

1 Composition.   The panel consists of the following members:

In making appointments to the panel, the appointing authorities shall take into consideration the racial and ethnic diversity of the State.

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;
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, 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.

Amend the bill in section 1 in §200-M in subsection 3 in the last line (page 2, line 20 in L.D.) by striking out the following: " July 1, 2020" and inserting the following: ' January 1, 2021'

Amend the bill in section 1 in §200-M in subsection 4 in the 2nd line (page 2, line 22 in L.D.) by striking out the following: " overdoses." and inserting the following: ' overdoses, taking into consideration the racial and ethnic composition of the population of individuals whose deaths are associated with an accidental drug overdose.'

Amend the bill in section 1 in §200-M in subsection 5 in the first to 4th lines (page 2, lines 31 to 34 in L.D.) by striking out the following: " The panel may request and receive confidential criminal history record information as defined by Title 16, section 703, subsection 2 and public criminal history record information as defined by Title 16, section 703, subsection 8 from the Department of Public Safety."

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment changes the provisions of the bill establishing the Accidental Drug Overdose Review Panel to: update the name of the office of behavioral health in the Department of Health and Human Services; limit the representation of families affected by drug overdose deaths to one member; add a member who is a person in recovery from substance use disorder, to be appointed by the Governor; and remove the provision authorizing the Attorney General and the Governor to appoint additional members. This amendment also requires that the appointments to the panel take into consideration the racial and ethnic diversity of the State.

The amendment changes the date by which the first meeting is to be convened from July 1, 2020 to January 1, 2021.

The amendment provides that when the subset of all drug overdoses is selected for review, the racial and ethnic composition of the population of individuals associated with those deaths must be considered.

The amendment defines "accidental drug overdoses" to mean overdoses that are presumed to be self-administered by individuals and excludes any overdose that occurs within a licensed health care facility. Overdoses in licensed health care facilities are currently subject to review as sentinel events under the Maine Revised Statutes, Title 22, chapter 1684.

The amendment removes the authority of the panel to request and receive confidential criminal history record information.


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