HB2933113th GA (Historical)Introduced

Amends TCA Title 38.

Under present law, when a death is reported under suspicious, unusual, or unnatural circumstances, it is the duty of the county medical examiner in the county in which the death occurred to immediately make an investigation of the circumstances of the death. The county medical examiner is authorized to remove from the body of the deceased a specimen of blood or other body fluids, or bullets or other foreign objects, and to retain such for testing or evidence if necessary to the investigation or autopsy. This bill requires the medical examiner's office or regional forensic center to ascertain and document the deceased individual's prescription drug history for the past 10 years and current psychotropic drug use, including medical records, and any blood, tissue, or other tests as necessary to ascertain the presence of therapeutic levels of psychotropic drugs in the deceased individual. This bill requires the medical examiner's office or regional forensic center to disclose the psychotropic drug use of the individual to the public, including results of any forensic testing, to ensure accurate vital statistics relating to homicides and suicides. This bill requires the medical examiner's office or regional forensic center to annually compile and provide to the TBI data on psychotropic drug use obtained through this disclosure process. By February 1 of each year, the TBI must publish the data on its website for the previous calendar year to contribute to greater transparency and understanding of the potential correlation between psychotropic drug use and incidents resulting in death. As used in this bill, a "psychotropic drug" means a medication prescribed for the treatment of mental and behavioral health conditions or a drug prescribed for any condition that exercises a direct effect upon the central nervous system and that is capable of influencing and modifying mood, perceptions, and behavior. EMPLOYMENT AND TRAINING OF POLICE OFFICERS This bill prohibits a law enforcement agency from engaging an external entity or service provider offering behavioral and mental health-related services, including counseling, mental health assessments, or training programs ("behavioral health vendor"), in an investigation directly related to a behavioral health incident involving a mass shooting or suicide. This bill prohibits behavioral health vendors from participating in the assessment, counseling, or evaluation of police officers or evaluating evidence in a behavioral health incident involving a mass shooting or suicide that falls within the scope of the vendor's services. In an investigation of an individual due to an incident that led to the individual's own death or the death of others, this bill requires the investigating law enforcement agency to determine the individual's prescription drug history for the past 10 years and current psychotropic drug use, including by obtaining medical records and performing or requesting any blood, tissue, or other tests as necessary to ascertain the presence of any therapeutic levels of psychotropic drugs. In a case in which a behavioral health assessment was conducted on a victim or a criminal suspect prior to a behavioral health incident involving a mass shooting or suicide, this bill requires that an independent procedure of record review and retention be conducted as part of the investigation by a professional who is not affiliated with the involved behavioral health vendor or industry.

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Overview

Under present law, when a death is reported under suspicious, unusual, or unnatural circumstances, it is the duty of the county medical examiner in the county in which the death occurred to immediately make an investigation of the circumstances of the death. The county medical examiner is authorized to remove from the body of the deceased a specimen of blood or other body fluids, or bullets or other foreign objects, and to retain such for testing or evidence if necessary to the investigation or autopsy. This bill requires the medical examiner's office or regional forensic center to ascertain and document the deceased individual's prescription drug history for the past 10 years and current psychotropic drug use, including medical records, and any blood, tissue, or other tests as necessary to ascertain the presence of therapeutic levels of psychotropic drugs in the deceased individual. This bill requires the medical examiner's office or regional forensic center to disclose the psychotropic drug use of the individual to the public, including results of any forensic testing, to ensure accurate vital statistics relating to homicides and suicides. This bill requires the medical examiner's office or regional forensic center to annually compile and provide to the TBI data on psychotropic drug use obtained through this disclosure process. By February 1 of each year, the TBI must publish the data on its website for the previous calendar year to contribute to greater transparency and understanding of the potential correlation between psychotropic drug use and incidents resulting in death. As used in this bill, a "psychotropic drug" means a medication prescribed for the treatment of mental and behavioral health conditions or a drug prescribed for any condition that exercises a direct effect upon the central nervous system and that is capable of influencing and modifying mood, perceptions, and behavior. EMPLOYMENT AND TRAINING OF POLICE OFFICERS This bill prohibits a law enforcement agency from engaging an external entity or service provider offering behavioral and mental health-related services, including counseling, mental health assessments, or training programs ("behavioral health vendor"), in an investigation directly related to a behavioral health incident involving a mass shooting or suicide. This bill prohibits behavioral health vendors from participating in the assessment, counseling, or evaluation of police officers or evaluating evidence in a behavioral health incident involving a mass shooting or suicide that falls within the scope of the vendor's services. In an investigation of an individual due to an incident that led to the individual's own death or the death of others, this bill requires the investigating law enforcement agency to determine the individual's prescription drug history for the past 10 years and current psychotropic drug use, including by obtaining medical records and performing or requesting any blood, tissue, or other tests as necessary to ascertain the presence of any therapeutic levels of psychotropic drugs. In a case in which a behavioral health assessment was conducted on a victim or a criminal suspect prior to a behavioral health incident involving a mass shooting or suicide, this bill requires that an independent procedure of record review and retention be conducted as part of the investigation by a professional who is not affiliated with the involved behavioral health vendor or industry.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2024

Subjects
0300476527151466

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HB2933: Amends TCA Title 38. | LegisGo