Okla. Stat. tit. 63, § 63-2-1001
This is the official text of Okla. Stat. tit. 63, § 63-2-1001, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Attorney General oversight of opioid overdose death
Official statutory text
control efforts.
A. The Attorney General shall have the power and duty to:
1. Coordinate and integrate state and local efforts to address
overdose deaths and create a body of information to prevent overdose
deaths;
2. Conduct case reviews of deaths of persons eighteen (18)
years of age or older due to licit or illicit opioid use in this
state;
3. Collect, analyze, and interpret state and local data on
opioid overdose deaths;
4. Develop a state and local database on opioid overdose
deaths;
5. Improve policies, procedures, and practices within the
agencies in order to prevent fatal opioid overdoses and to serve
victims of unintentional overdose; and
6. Enter into agreements with other state, local, or private
entities as necessary to carry out the duties under this section,
including, but not limited to, conducting joint reviews with the
Child Death Review Board on unintentional overdose cases involving
child death and child near-death incidents.
B. In carrying out his or her duties and responsibilities, the
Attorney General shall:
1. Promulgate rules, if necessary, establishing criteria for
identifying cases involving an opioid overdose death subject to
specific, in-depth review by the Attorney General;
2. Conduct a specific case review of those cases where the
cause of death is or may be related to overdose of opioid drugs;
3. Establish and maintain statistical information related to
opioid overdose deaths including, but not limited to, demographic
and medical diagnostic information;
4. Establish procedures for obtaining initial information
regarding opioid overdose deaths from law enforcement agencies;
5. Review the policies, practices, and procedures of medical
systems and law enforcement systems and other overdose protection
and prevention systems, and make specific recommendations to those
entities for actions necessary for the improvement of the system;
6. Request and obtain a copy of all records and reports
pertaining to an adult whose case is under review including, but not
limited to:
a. the report of the medical examiner,
b. hospital records,
c. school records,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1055
d. court records,
e. prosecutorial records,
f. local, state, and federal law enforcement records
including, but not limited to, the Oklahoma State
Bureau of Investigation (OSBI) and Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control (OBN),
g. fire department records,
h. State Department of Health records, including birth
certificate records,
i. medical and dental records,
j. Department of Mental Health and Substance Abuse
Services and other mental health records,
k. emergency medical service records,
l. files of the Department of Human Services, and
m. records in the possession of the Child Death Review
Board when conducting a joint review in accordance
with paragraph 6 of subsection A of this section.
Confidential information or records provided to the Attorney General
shall be maintained by the Attorney General in a confidential manner
as otherwise required by state and federal law. Any person damaged
by disclosure of such confidential information by the Attorney
General or any employees or contractors of the Office of the
Attorney General which is not authorized by law may maintain an
action for damages, costs and attorney fees pursuant to The
Governmental Tort Claims Act;
7. Maintain all confidential information, documents and records
in possession of the Attorney General as confidential and not
subject to subpoena or discovery in any civil or criminal
proceedings; provided however, information, documents, and records
otherwise available from other sources shall not be exempt from
subpoena or discovery through those sources solely because such
information, documents, and records were presented to or reviewed by
the Attorney General;
8. Conduct reviews of specific cases of opioid overdose deaths
ubpoena or discovery in any civil or criminal
proceedings; provided however, information, documents, and records
otherwise available from other sources shall not be exempt from
subpoena or discovery through those sources solely because such
information, documents, and records were presented to or reviewed by
the Attorney General;
8. Conduct reviews of specific cases of opioid overdose deaths
and request the preparation of additional information and reports as
determined to be necessary by the Attorney General including, but
not limited to, clinical summaries from treating physicians,
chronologies of contact, and second-opinion autopsies;
9. Report to the Governor, the President Pro Tempore of the
Senate, and the Speaker of the House of Representatives any
information and guidance regarding the prevention and protection
system to advise on changing trends in overdose rates, substances,
methods, or any other factor impacting overdose deaths, including
any systemic issue within the medical, law enforcement, or other
relevant systems discovered by the Attorney General while performing
his or her duties; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1056
10. Exercise all incidental powers necessary and proper for the
implementation and administration of this section.
C. All discussions of individual cases and any writings
produced by or created for the Attorney General in the course of
determining a remedial measure to be recommended by the Attorney
General, as the result of a review of an individual case of an
opioid overdose death, shall be privileged and shall not be
admissible in evidence in any proceeding.
D. The Attorney General shall submit an annual statistical
report on the incidence and causes of opioid overdose deaths in this
state for which the Attorney General has completed his or her review
during the past calendar year including his or her recommendations,
if any, to the medical and law enforcement system. The Attorney
General shall also prepare and make available to the public, on an
annual basis, a report containing a summary of the activities
relating to the review of opioid overdose deaths, the extent to
which the state medical and law enforcement system is coordinated,
and an evaluation of whether the state is efficiently discharging
its responsibilities to prevent opioid overdose deaths. The report
shall be completed no later than February 1 of the subsequent year.
E. Any entity from which the Attorney General requests records
in accordance with paragraph 6 of subsection B of this section shall
provide the records to the Attorney General.
F. The Attorney General may assign any of the powers and duties
in this section or in Section 2-1003 of this title to any of the
Attorney General’s assistants or employees.
A. The Attorney General shall have the power and duty to:
1. Coordinate and integrate state and local efforts to address
overdose deaths and create a body of information to prevent overdose
deaths;
2. Conduct case reviews of deaths of persons eighteen (18)
years of age or older due to licit or illicit opioid use in this
state;
3. Collect, analyze, and interpret state and local data on
opioid overdose deaths;
4. Develop a state and local database on opioid overdose
deaths;
5. Improve policies, procedures, and practices within the
agencies in order to prevent fatal opioid overdoses and to serve
victims of unintentional overdose; and
6. Enter into agreements with other state, local, or private
entities as necessary to carry out the duties under this section,
including, but not limited to, conducting joint reviews with the
Child Death Review Board on unintentional overdose cases involving
child death and child near-death incidents.
B. In carrying out his or her duties and responsibilities, the
Attorney General shall:
1. Promulgate rules, if necessary, establishing criteria for
identifying cases involving an opioid overdose death subject to
specific, in-depth review by the Attorney General;
2. Conduct a specific case review of those cases where the
cause of death is or may be related to overdose of opioid drugs;
3. Establish and maintain statistical information related to
opioid overdose deaths including, but not limited to, demographic
and medical diagnostic information;
4. Establish procedures for obtaining initial information
regarding opioid overdose deaths from law enforcement agencies;
5. Review the policies, practices, and procedures of medical
systems and law enforcement systems and other overdose protection
and prevention systems, and make specific recommendations to those
entities for actions necessary for the improvement of the system;
6. Request and obtain a copy of all records and reports
pertaining to an adult whose case is under review including, but not
limited to:
a. the report of the medical examiner,
b. hospital records,
c. school records,
Oklahoma Statutes - Title 63. Public Health and Safety Page 1055
d. court records,
e. prosecutorial records,
f. local, state, and federal law enforcement records
including, but not limited to, the Oklahoma State
Bureau of Investigation (OSBI) and Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control (OBN),
g. fire department records,
h. State Department of Health records, including birth
certificate records,
i. medical and dental records,
j. Department of Mental Health and Substance Abuse
Services and other mental health records,
k. emergency medical service records,
l. files of the Department of Human Services, and
m. records in the possession of the Child Death Review
Board when conducting a joint review in accordance
with paragraph 6 of subsection A of this section.
Confidential information or records provided to the Attorney General
shall be maintained by the Attorney General in a confidential manner
as otherwise required by state and federal law. Any person damaged
by disclosure of such confidential information by the Attorney
General or any employees or contractors of the Office of the
Attorney General which is not authorized by law may maintain an
action for damages, costs and attorney fees pursuant to The
Governmental Tort Claims Act;
7. Maintain all confidential information, documents and records
in possession of the Attorney General as confidential and not
subject to subpoena or discovery in any civil or criminal
proceedings; provided however, information, documents, and records
otherwise available from other sources shall not be exempt from
subpoena or discovery through those sources solely because such
information, documents, and records were presented to or reviewed by
the Attorney General;
8. Conduct reviews of specific cases of opioid overdose deaths
ubpoena or discovery in any civil or criminal
proceedings; provided however, information, documents, and records
otherwise available from other sources shall not be exempt from
subpoena or discovery through those sources solely because such
information, documents, and records were presented to or reviewed by
the Attorney General;
8. Conduct reviews of specific cases of opioid overdose deaths
and request the preparation of additional information and reports as
determined to be necessary by the Attorney General including, but
not limited to, clinical summaries from treating physicians,
chronologies of contact, and second-opinion autopsies;
9. Report to the Governor, the President Pro Tempore of the
Senate, and the Speaker of the House of Representatives any
information and guidance regarding the prevention and protection
system to advise on changing trends in overdose rates, substances,
methods, or any other factor impacting overdose deaths, including
any systemic issue within the medical, law enforcement, or other
relevant systems discovered by the Attorney General while performing
his or her duties; and
Oklahoma Statutes - Title 63. Public Health and Safety Page 1056
10. Exercise all incidental powers necessary and proper for the
implementation and administration of this section.
C. All discussions of individual cases and any writings
produced by or created for the Attorney General in the course of
determining a remedial measure to be recommended by the Attorney
General, as the result of a review of an individual case of an
opioid overdose death, shall be privileged and shall not be
admissible in evidence in any proceeding.
D. The Attorney General shall submit an annual statistical
report on the incidence and causes of opioid overdose deaths in this
state for which the Attorney General has completed his or her review
during the past calendar year including his or her recommendations,
if any, to the medical and law enforcement system. The Attorney
General shall also prepare and make available to the public, on an
annual basis, a report containing a summary of the activities
relating to the review of opioid overdose deaths, the extent to
which the state medical and law enforcement system is coordinated,
and an evaluation of whether the state is efficiently discharging
its responsibilities to prevent opioid overdose deaths. The report
shall be completed no later than February 1 of the subsequent year.
E. Any entity from which the Attorney General requests records
in accordance with paragraph 6 of subsection B of this section shall
provide the records to the Attorney General.
F. The Attorney General may assign any of the powers and duties
in this section or in Section 2-1003 of this title to any of the
Attorney General’s assistants or employees.
Status: in_force · Read it on the official government site
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