Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-29-7 - Membership and Responsibilities of the Unintentional Pharmaceutical Drug Overdose Review Panel7.1. The Unintentional Pharmaceutical Drug Overdose Fatality Review Panel (UPDORP) shall consist of the following members appointed by the Fatality and Mortality Review Team:7.1.a. The Chief Medical Examiner in the Bureau for Public Health or his or her designee, who is to serve as the chairperson and who is responsible for calling and coordinating all meetings;7.1.b. The Director of the West Virginia State Board of Pharmacy or his or her designee;7.1.c. The Commissioner of the Bureau for Public Health or his or her designee;7.1.d. The Director of the Division of Vital Statistics or his or her designee;7.1.e. The Superintendent of the West Virginia State Police or his or her designee;7.1.f. One representative who is a physician nominated by the West Virginia State Medical Association. Each appointment of a physician, whether for a full term or to fill a vacancy, is to be made by the FMRT from among three nominees selected by the West Virginia State Medical Association;7.1.g. One representative who is a registered nurse nominated by the West Virginia Nurses Association. Each appointment of a registered nurse, whether for a full term or to fill a vacancy, is to be made by the FMRT from among three nominees selected by the West Virginia Nurses Association;7.1.h. One representative who is a doctor of osteopathy nominated by the West Virginia Society of Osteopathic Medicine. Each appointment of a doctor of osteopathy, whether for a full term or to fill a vacancy, is to be made by the FMRT from among three nominees selected by the West Virginia Society of Osteopathic Medicine;7.1.i. One licensed physician or doctor of osteopathy who practices pain management as a principal part of his or her practice;7.1.j. One representative who is a doctor of pharmacy, with a background in prescription drug abuse and diversion, selected by the West Virginia Pharmacists Association;7.1.k. One representative who is a licensed counselor selected by the West Virginia Association of Alcoholism and Drug Abuse Counselors;7.1.l. One representative of the United States Drug Enforcement Administration;7.1.m. One representative who is a prosecuting attorney selected by the West Virginia Prosecuting Attorneys Institute;7.1.n. A person who is considered an expert in bio-ethics training;7.1.o. One representative who is a licensed dentist recommended by the Board of Dental Examiners. Each appointment of a dentist, whether for a full term or to fill a vacancy, is to be made by the FMRT from among three nominees selected by the West Virginia Dental Association; and7.1.p. Any additional persons that the chairperson of the panel determines is needed in the review and consideration of a particular case.7.2. The FMRT may make appointments without nomination for all representatives identified in subsection 7.1. of this section where a list of nominees is not required.7.3. Each member of the Unintentional Pharmaceutical Drug Overdose Fatality Review Panel shall serve for a term of three years, unless otherwise reappointed to a second or subsequent term. Members shall continue to serve until their respective terms expire or until their successors have been appointed.7.4. Each member of the Unintentional Pharmaceutical Drag Overdose Fatality Review Panel shall serve without additional compensation and may not be reimbursed for any expenses incurred in the discharge of his or her duties under the provisions of this article.7.5. The Unintentional Pharmaceutical Drag Overdose Review Panel shall: 7.5.a. Review and analyze all deaths occurring within the State of West Virginia where the cause of death was determined to be due to unintentional pharmaceutical drag overdose, specifically excluding the death of persons suffering from a mortal disease or instances where the manner of the overdose death was suicide;7.5.b. Ascertain and document the trends, patterns and risk factors related to unintentional pharmaceutical drag overdose fatalities occurring within the State of West Virginia;7.5.c. Ascertain and document patterns related to the sale and distribution of pharmaceutical prescriptions by those otherwise licensed to provide said prescriptions, including the application of information included within the Controlled Substances Monitoring Program database kept and maintained by the West Virginia Board of Pharmacy;7.5.d. Develop and implement standards for the uniform and consistent reporting of unintentional pharmaceutical drag overdose deaths by law-enforcement or other emergency-service responders; and7.5.e. Provide statistical information and analysis regarding the causes of unintentional pharmaceutical drag overdose fatalities.7.6. The Unintentional Pharmaceutical Drag Overdose Review Panel, in the exercise of its duties as defined in this section, may not: 7.6.a. Call witnesses or take testimony from individuals involved in the investigation of a pharmaceutical drag overdose fatality;7.6.b. Contact a family member of the deceased;7.6.c. Enforce any public health standard or criminal law or otherwise participate in any legal proceeding; or7.6.d. Otherwise take any action which, in the determination of a prosecuting attorney or his or her assistants, impairs the ability of the prosecuting attorney, his or her assistants or any law-enforcement officer to perform his or her statutory duties.7.7. The Unintentional Pharmaceutical Drag Overdose Review Panel may request information and records as necessary to carry out its responsibilities. Records and information that may be requested under this section include: 7.7.a. Medical, dental and mental health records;7.7.b. Substance abuse records to the extent allowed by federal law; and7.7.c. Information and records maintained by any state, county and local government agency, except as provided in subdivision 7.6.d. of this rule.7.8. State, county and local government agencies shall provide the Unintentional Pharmaceutical Drug Overdose Fatality Review Panel with any information requested in writing by the panel.