Title 5. Death — Subtitle 9. Drug Overdose Fatality Review Teams

Subject to paragraph (2) of this subsection, there may be a multidisciplinary and multiagency drug overdose fatality review team in each county.

Instead of a local team in each county, two or more counties may agree to establish a single multicounty local team.

A multicounty local team shall execute a memorandum of understanding on membership, staffing, and operation.

The county health officer, or the officer’s designee;

The director of the local department of social services, or the director’s designee;

The State’s Attorney, or the State’s Attorney’s designee;

The superintendent of schools, or the superintendent’s designee;

A State, county, or municipal law enforcement officer;

The director of behavioral health services in the county, or the director’s designee;

An emergency medical services provider in the county;

A representative of a hospital;

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

A representative of a local jail or detention center;

A representative from parole, probation, and community corrections;

The Secretary of Juvenile Services, or the Secretary’s designee;

A member of the public with interest or expertise in the prevention and treatment of drug overdose deaths, appointed by the county health officer; and

Any other individual necessary for the work of the local team, recommended by the local team and appointed by the county health officer.

Promoting cooperation and coordination among agencies involved in investigations of drug overdose deaths or in providing services to surviving family members;

Developing an understanding of the causes and incidence of drug overdose deaths in the county;

Developing plans for and recommending changes within the agencies represented on the local team to prevent drug overdose deaths; and

Advising the Department on changes to law, policy, or practice, including the use of devices that are programmed to dispense medications on a schedule or similar technology, to prevent drug overdose deaths.

In consultation with the Department, establish and implement a protocol for the local team;

Set as its goal the investigation of drug overdose deaths in accordance with national standards;

Meet at least quarterly to review the status of drug overdose death cases and information on nonfatal overdoses, recommend actions to improve coordination of services and investigations among member agencies, and recommend actions within the member agencies to prevent drug overdose deaths;

Collect and maintain data as required by the Department; and

Provide requested reports to the Department, including:

Access to information and records, including information about physical health, mental health, and treatment for substance abuse, maintained by a health care provider for:

Access to information and records maintained by a State or local government agency, including death certificates, law enforcement investigative information, medical examiner investigative information, parole and probation information and records, and information and records of a social services agency, if the agency provided services to:

During a public meeting, information may not be disclosed that identifies:

During a public meeting, information may not be disclosed about the involvement of any agency with:

Mental health records are subject to the additional limitations under § 4–307 of this article for disclosure of a medical record developed primarily in connection with the provision of mental health services.

Substance abuse treatment records are subject to any additional limitations for disclosure or redisclosure of a medical record developed in connection with the provision of substance abuse treatment services under State law or 42 U.S.C. § 290dd–2 and 42 C.F.R. Part 2.

What transpired at a meeting that is not public under § 5–905 of this subtitle; or

Any information the disclosure of which is prohibited by this section.

Members of a local team, persons attending a local team meeting, and persons who present information to a local team may not be questioned in any civil or criminal proceeding about information presented in or opinions formed as a result of a meeting.

This subsection does not prohibit a person from testifying to information that is obtained independently of a local team or that is public information.

Except as provided in paragraph (2) of this subsection, information, documents, or records of a local team are not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.

Information, documents, or records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of a local team or are maintained by a local team.