§2025.5. Access to information; confidentiality
A. Notwithstanding any other provision of law to the contrary, on written
request of the chair of an overdose fatality review panel and as necessary to carry out
the purpose and duties of the review panel, the panel shall be authorized to have
access to the following information:
(1)Information and records regarding the physical health, mental health, and
treatment for substance use disorder maintained by a healthcare provider, substance
use disorder treatment provider, hospital, or health system for an individual whose
death or near death is being reviewed by the review panel.
(2)Information and records maintained by a state or local government agency
or entity, including but not limited to death investigative information, medical
examiner
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§2025.5. Access to information; confidentiality
A. Notwithstanding any other provision of law to the contrary, on written
request of the chair of an overdose fatality review panel and as necessary to carry out
the purpose and duties of the review panel, the panel shall be authorized to have
access to the following information:
(1) Information and records regarding the physical health, mental health, and
treatment for substance use disorder maintained by a healthcare provider, substance
use disorder treatment provider, hospital, or health system for an individual whose
death or near death is being reviewed by the review panel.
(2) Information and records maintained by a state or local government agency
or entity, including but not limited to death investigative information, medical
examiner investigative information, law enforcement investigative information,
emergency medical services reports, fire department records, prosecutorial records,
parole and probation information and records, court records, school records, and
information and records of the Department of Children and Family Services if the
agency or entity provided services to:
(a) An individual whose death or near death is being reviewed by the review
panel.
(b) The family of the decedent being investigated.
B. A person or entity subject to a records request by a review panel pursuant
to this Section may charge the review panel a reasonable fee for the service of
duplicating any records requested by the panel.
C. The chair of the review panel or the chair's designee may request the
individual whose overdose is under review or, if deceased, the individual's next of
kin to sign a consent form for the release of confidential information.
D. An individual, entity, or local or state agency that in good faith provides
information or records to the local panel shall not be subject to civil or criminal
liability or any professional disciplinary action as a result of providing the
information or record.
E. A member of a review panel may contact, interview, or obtain information
by request from a family member or friend of an individual whose death is being
reviewed by the panel.
F. Information and records obtained by the review panel in accordance with
the provisions of this Section and the results of any overdose fatality review report
shall be confidential and shall not be available for subpoena, nor shall the
information be disclosed, discoverable, or compelled to be produced in any civil,
criminal, administrative, or other proceeding, nor shall the records be deemed
admissible as evidence in any civil, criminal, administrative, or other tribunal or
court for any reason. Information and records presented to the review panel shall not
be immune from subpoena or discovery or prohibited from being introduced into
evidence solely because they were presented to or reviewed by the review panel if the
information and records have been obtained from other sources.
G. Any person, agency, or entity furnishing information, documents, and
reports in accordance with this Section shall not be liable for the disclosure and shall
not be considered in violation of any privileged or confidential relationship if the
person, agency, or entity has acted in good faith in the reporting pursuant to this
Section.
H. A member of the review panel shall not disclose any information that is
confidential under this Section. A person who appears before, participates in, or
provides information to the review panel shall sign a confidentiality notice to
acknowledge that any information that the person provides to the review panel shall
be confidential. Information identifying an overdose victim whose case is being
reviewed, or that victim's family members, or regarding the involvement of any
agency with the victim or victim's family members shall not be disclosed in any
report that is available to the public. Nothing in this Section shall prohibit the
publishing by the review panel of statistical compilations relating to overdose
fatalities which do not identify a person's case or a person's healthcare provider, law
enforcement agency, or organization that provides services to victims.
I. When the review panel concludes a review of an overdose fatality or other
review, it shall return all information and records that concern a victim or the victim's
family members to the person, agency, or entity that furnished the information.