Indiana § 16-49-6-11 - Other investigations not precluded

§ 16-49-6-11. Other investigations not precluded

Sec. 11. Nothing in this chapter shall preclude any death, illness, or injury investigation or review to the extent authorized by other laws.

As added by P.L.31-2019, SEC.5.

IC 16-49.5ARTICLE 49.5. SUICIDE AND OVERDOSE FATALITY REVIEW TEAMS

Ch. 1.Definitions Ch. 2.Suicide and Overdose Fatality Review Teams

IC 16-49.5-1Chapter 1. Definitions

16-49.5-1-1Application 16-49.5-1-2"SOFR" 16-49.5-1-3"SOFR team"

IC 16-49.5-1-1Application Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-1-2"SOFR" Sec. 2. As used in this chapter, "SOFR" means suicide and overdose fatality review.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-1-3"SOFR team" Sec. 3. As used in this chapter, "SOFR team" refers to:

(1) a county SOFR team; or

(2) a regional SOFR team formed by multiple counties;

established under IC 16-49.5-2-1.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-2Chapter 2. Suicide and Overdose Fatality Review Teams

16-49.5-2-1Written agreements 16-49.5-2-2Duties 16-49.5-2-3Diversity 16-49.5-2-4Convening of meeting 16-49.5-2-5Participation prerequisites 16-49.5-2-6SOFR team review; review eligibility criteria 16-49.5-2-7Death certificate review 16-49.5-2-8Record request compliance; fees 16-49.5-2-9SOFR team meeting topics; SOFR team duties 16-49.5-2-10Public access to SOFR meetings 16-49.5-2-11Confidentiality; confidential matters; immunity 16-49.5-2-12Duties of chairperson 16-49.5-2-13Confidentiality of records 16-49.5-2-14Confidentiality of report 16-49.5-2-15Application of other laws

IC 16-49.5-2-1Written agreements Sec. 1. (a) A:

(1) local health department; or

(2) person or entity approved by the state department;

may establish through a written agreement a SOFR team to review suicides and overdose fatalities for the purpose of gathering information concerning suicides and overdose fatalities and to use the information gathered to improve community resources and systems of care to reduce suicides and overdose fatalities.

(b) A SOFR team may be established in a county or multiple counties in Indiana.

(c) Upon the establishment of a SOFR team under this section, the SOFR team shall notify the state department of the establishment of the SOFR team.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-2-2Duties Sec. 2. (a) A SOFR team shall do the following:

(1) Identify similarities, trends, and factual patterns concerning suicides and overdose fatalities in the area served by the SOFR team.

(2) Identify reasons for any higher minority suicide and overdose fatality rate in the area served by the SOFR team.

(3) Create strategies and make recommendations for the prevention and reduction of suicides and overdose fatalities, including minority suicides and overdose fatalities, in the area served by the SOFR team.

(b) A SOFR team may do any of the following:

(1) Determine factors contributing to suicides and overdose fatalities.

(2) Identify public health and clinical interventions to improve systems of care and enhance coordination.

(3) Develop strategies for the prevention of suicides and overdose fatalities.

(4) Provide the state department with records held or maintained by the SOFR team.

(c) The state department shall maintain the confidentiality of any data received under subsection (b).

As added by P.L.112-2020, SEC.53. Amended by P.L.96-2026, SEC.56.

IC 16-49.5-2-3Diversity Sec. 3. (a) A SOFR team must be multidisciplinary and culturally diverse. The SOFR team should include professionals and representatives of agencies that provide services or community resources for families in the community.

(b) Members of a SOFR team must be appointed by the county health officer or another entity approved by the state department and may include local representatives from the following disciplines:

(1) Public health.

(2) Primary health care.

(3) Mental health.

(4) Law enforcement.

(5) Behavioral health.

(6) Parole or probation.

(7) Addiction medicine.

(8) Emergency medical services.

(9) Social work.

(c) Members may also include any of the following:

(1) A coroner or deputy coroner.

(2) An epidemiologist.

(3) A pathologist.

(d) The SOFR team shall meet at least quarterly.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-2-4Convening of meeting Sec. 4. (a) The first SOFR team meeting shall convene at the call of the county health officer, the county health administrator, or their designees, as applicable.

(b) The SOFR team members shall elect a chairperson at the first SOFR team meeting and whenever there is a chairperson vacancy.

(c) After the election of a team chairperson, the SOFR team shall meet upon the call of the elected chairperson or upon the call of the county health officer in the event that there is a chairperson vacancy.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-2-5Participation prerequisites Sec. 5. (a) Before a member of the SOFR team may participate in the review of a suicide or overdose fatality, the member must:

(1) sign a confidentiality form prepared by the state department;

(2) review the purpose and goal of the SOFR team; and

(3) review, for accuracy and comprehensiveness, any data collection form developed by the state department, if applicable.

(b) Individuals who are invited by the SOFR team chairperson to attend a SOFR team meeting must sign a confidentiality form before attending or participating in a SOFR team meeting.

(c) The state department shall create and make available a standardized confidentiality form to be used by members of all SOFR teams.

(d) The chairperson of a SOFR team is responsible for the safekeeping of all confidentiality agreements signed under this section.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-2-6SOFR team review; review eligibility criteria Sec. 6. (a) The SOFR team shall review the death of each person whose death occurred in the area served by the SOFR team if one (1) or more of the following conditions are met:

(1) The person's cause of death is listed as one (1) or more of the following:

(A) Poisoning.

(B) Intoxication.

(C) Toxicity.

(D) Inhalation.

(E) Ingestion.

(F) Overdose.

(G) Exposure.

(H) Chemical use.

(I) Neonatal abstinence syndrome (NAS) effects.

(2) The person's manner of death is classified as one (1) of the following:

(A) Accident.

(B) Suicide.

(C) Undetermined.

(3) The person's manner of death is classified as natural but drug intoxication or exposure is listed as a contributing factor.

(b) When conducting a SOFR fatality review under subsection (a), the SOFR team may review the following records if the records pertain to a person or incident within the scope of the SOFR team's review:

(1) Records held by the:

(A) state department or local health department;

(B) INSPECT program (as described under IC 25-26-24); or

(C) department of child services.

(2) Medical records.

(3) Law enforcement records.

(4) Autopsy reports.

(5) Coroner records.

(6) Mental health reports.

(7) Emergency medical services provider records.

(8) Fire department run reports.

(9) Disciplinary or health records generated by a local school system.

(10) Any other record concerning the assessment, care, fatality, diagnosis, near fatality, if applicable, or treatment of the person subject to a SOFR team review.

(c) Except as otherwise provided, information and records acquired by a SOFR team during the execution of the SOFR team's duties are confidential and exempt from disclosure.

(d) Subject to subsection (e), records, information, documents, and reports acquired or produced by a SOFR team are not:

(1) subject to subpoena or discovery; or

(2) admissible as evidence;

in any administrative or judicial proceeding.

(e) Records, information, documents, and reports that are admissible and otherwise discoverable from alternate sources do not become immune from discovery or use in any administrative or judicial proceeding because of their use by a SOFR team.

As added by P.L.112-2020, SEC.53. Amended by P.L.56-2023, SEC.175.

IC 16-49.5-2-7Death certificate review Sec. 7. A SOFR team shall review the death certificate of a decedent received from the county health officer in order to determine whether the fatality qualifies for a SOFR team review under section 6 of this chapter.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-2-8Record request compliance; fees Sec. 8. (a) Subject to IC 34-30-15, the following persons or entities shall comply with a records request by a SOFR team:

(1) A coroner.

(2) An emergency medical services provider.

(3) A fire department.

(4) A health system.

(5) A hospital.

(6) A law enforcement officer.

(7) A local or state governmental agency, including the department of child services.

(8) A mental health professional.

(9) A physician.

(10) A school.

(11) A social services provider.

(b) A person or entity that complies, in good faith, with a record request issued under subsection (a) may not be:

(1) disciplined;

(2) criminally prosecuted; or

(3) held administratively or civilly liable;

for any disclosure related to the person's or entity's compliance with subsection (a).

(c) A person or entity subject to a records request by a SOFR team under subsection (a) may charge a reasonable fee for the service of duplicating any records requested by the SOFR team.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-2-9SOFR team meeting topics; SOFR team duties Sec. 9. If a fatality qualifies for a SOFR team review, the SOFR team shall:

(1) identify the factors that contributed to the fatality of the decedent;

(2) determine whether similar fatalities may be prevented in the future;

(3) if applicable, identify other:

(A) agencies or entities; and

(B) resources;

that may be used to assist in the prevention of a similar fatality; and

(4) if applicable, identify solutions to:

(A) improve practice and policy; and

(B) enhance coordination;

between the agencies, entities, and resources described in subdivision (3).

As added by P.L.112-2020, SEC.53.

IC 16-49.5-2-10Public access to SOFR meetings Sec. 10. (a) Except as provided in subsection (b), SOFR team meetings are open to the public.

(b) A SOFR team meeting that requires the use or discussion of confidential records or confidential identifying information must be closed to the public for the portion of the team meeting that uses or discusses confidential information.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-2-11Confidentiality; confidential matters; immunity Sec. 11. (a) Members of a SOFR team and individuals who attend a SOFR team meeting as invitees of the team chairperson:

(1) may discuss, among themselves, confidential matters that are before the SOFR team;

(2) are bound by all applicable laws concerning the confidentiality of the matters reviewed by the SOFR team; and

(3) except as provided in subsection (b), may not be:

(A) disciplined;

(B) criminally prosecuted; or

(C) held administratively or civilly liable;

for the sharing or discussion of any confidential matter before the SOFR team during a SOFR team meeting.

(b) The immunity described in subsection (a)(3) does not apply to a SOFR team member or a SOFR team invitee who discloses confidential information:

(1) with malice;

(2) in bad faith; or

(3) negligently.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-2-12Duties of chairperson Sec. 12. The chairperson of a SOFR team or the chairperson's designee shall do the following for each SOFR team meeting:

(1) Prepare the agenda for the scheduled SOFR team meeting.

(2) Provide meeting notices to all members of the SOFR team.

(3) Ensure that all:

(A) members of the SOFR team; and

(B) SOFR team invitees;

sign confidentiality forms as required under this chapter.

(4) Maintain all confidentiality forms signed under this chapter.

(5) Enter and record all data reviewed by the SOFR team by using:

(A) data collection tools provided to the SOFR team by the state department, if applicable; and

(B) any other appropriate data collection system.

(6) Attend pertinent training concerning the use of the data collection tools employed by the SOFR team.

(7) Serve as a liaison for the SOFR team as necessary.

(8) Destroy all records, information, and documents obtained by the SOFR team under section 6 of this chapter upon the conclusion of the SOFR team's review of a specific suicide or overdose fatality.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-2-13Confidentiality of records Sec. 13. Records held or maintained by a SOFR team are subject to the confidentiality provisions of IC 31-33-18.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-2-14Confidentiality of report Sec. 14. (a) Before July 1 of each year, a SOFR team shall submit a report to the state department that includes the following information:

(1) A summary of the data collected concerning the reviews conducted by the SOFR team for the previous calendar year.

(2) Actions recommended by the SOFR team to improve systems of care and community resources to reduce suicides and overdose fatalities in the area served by the SOFR team.

(3) Solutions proposed for any system inadequacies.

(b) The report described in subsection (a) may not contain identifying information relating to the deaths reviewed by the SOFR team.

(c) Review data concerning a suicide or overdose fatality is confidential and may not be released.

(d) The SOFR team may provide the state department with data concerning the reviews of a death under this chapter.

As added by P.L.112-2020, SEC.53.

IC 16-49.5-2-15Application of other laws Sec. 15. Nothing in this chapter shall preclude any death, illness, or injury investigation or review to the extent authorized by other laws.

As added by P.L.112-2020, SEC.53.

IC 16-50ARTICLE 50. MATERNAL MORTALITY REVIEW

Ch. 1.Statewide Maternal Mortality Review Committee Ch. 2.Statewide Maternal Mortality Review Coordinator

IC 16-50-1Chapter 1. Statewide Maternal Mortality Review Committee

16-50-1-1"Maternal morbidity" 16-50-1-2"Maternal mortality" 16-50-1-3Statewide maternal mortality review committee established; duties; authority 16-50-1-4Committee members; meetings; executive session 16-50-1-5Member requirements 16-50-1-6Duty to report; release of data 16-50-1-7Committee duties; authority; findings 16-50-1-8Review of records; access to records; no liability; confidentiality; review for abortion 16-50-1-9Publication of maternal mortality information 16-50-1-10Immunity; privileged communications 16-50-1-11Other investigations or reviews 16-50-1-12Repealed