A. The drug overdose fatality review team is established in the department of health services. The head of each of the following entities or that person‘s designee shall serve on the review team:

Terms Used In Arizona Laws 36-198

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Department: means the department of health services. See Arizona Laws 36-101
  • Director: means the director of the department of health services. See Arizona Laws 36-101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Subpoena: A command to a witness to appear and give testimony.

1. The attorney general.

2. The department of health services.

3. The Arizona health care cost containment system.

4. The department of economic security.

5. The governor’s office of youth, faith and family.

6. The administrative office of the courts.

7. The state department of corrections.

8. The Arizona council of human services providers.

9. The department of public safety.

B. The director of the department of health services shall appoint the following members to serve on the review team:

1. A medical examiner who is a rural forensic pathologist.

2. A medical examiner who is a metropolitan forensic pathologist.

3. A representative of a tribal government.

4. A public member.

5. A representative of a professional emergency management system association.

6. A health care professional from a statewide association representing nurses.

7. A health care professional from a statewide association representing physicians.

8. A representative of an association of county health officers.

9. A representative of an association representing hospitals.

10. A health care professional who specializes in the prevention, diagnosis and treatment of substance use disorders.

11. A county sheriff, or the sheriff’s designee, who represents a county with a population of less than five hundred thousand persons and a county sheriff, or the sheriff’s designee, who represents a county with a population of five thousand persons or more.

C. The review team shall:

1. Develop a drug overdose fatalities data collection system.

2. Conduct an annual analysis on the incidence and causes of drug overdose fatalities in this state during the preceding fiscal year.

3. Encourage and assist in the development of local drug overdose fatality review teams.

4. Develop minimum standards and protocols for local drug overdose fatality review teams and provide training and technical assistance to these teams.

5. Develop protocols for drug overdose investigations, including protocols for law enforcement agencies, prosecutors, medical examiners, health care facilities and social service agencies.

6. Study the adequacy of statutes, ordinances, rules, training and services to determine what changes are needed to decrease the incidence of preventable drug overdose fatalities and, as appropriate, take steps to implement these changes.

7. Educate the public regarding the incidence and causes of drug overdose fatalities as well as the public’s role in preventing these deaths.

8. Designate a member of the review team to serve as chairperson or team coordinator.

D. Team members are not eligible to receive compensation, but members appointed pursuant to subsection B of this section are eligible for reimbursement of expenses pursuant to Title 38, Chapter 4, Article 2.

E. The department of health services shall provide professional and administrative support to the review team.

F. Law enforcement agencies shall provide unredacted department reports to the chairperson or team coordinator of a local drug overdose fatality review team on request. All information and records acquired by a local drug overdose fatality review team are confidential and are not subject to subpoena, discovery or introduction into evidence in a civil or criminal proceeding or disciplinary action. Information and records that are otherwise available from other sources are not immune from subpoena, discovery or introduction into evidence through those sources solely because the information or record was presented to or reviewed by a local drug overdose fatality review team.

G. A member of a local drug overdose fatality review team or any person who presents information to a local drug overdose fatality review team may not be questioned in any civil or criminal proceeding or disciplinary action regarding the information presented. This subsection does not prevent a person from testifying regarding information obtained independently of the local drug overdose fatality review team or as to public information.