Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 391 By: Bergstrom
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6 AS INTRODUCED
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7 An Act relating to public health and safety; amending
7 63 O.S. 2021, Section 2-1001, as amended by Section
8 1, Chapter 91, O.S.L. 2023 (63 O.S. Supp. 2024,
8 Section 2-1001), which relates to the Opioid Overdose
9 Fatality Review Board; extending sunset date;
9 providing an effective date; and declaring an
10 emergency.
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1 3 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-1001, as
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1 5 amended by Section 1, Chapter 91, O.S.L. 2023 (63 O.S. Supp. 2024,
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1 6 Section 2-1001), is amended to read as follows:
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17 Section 2-1001. A. There is hereby created until July 1, 2025
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1 8 July 1, 2026, in accordance with the Oklahoma Sunset Law, the Opioid
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1 9 Overdose Fatality Review Board within the Department of Mental
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2 0 Health and Substance Abuse Services. The Board shall have the power
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2 1 and duty to:
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22 1. Coordinate and integrate state and local efforts to address
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2 3 overdose deaths and create a body of information to prevent overdose
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2 4 deaths;
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Req. No. 1052 Page 1
1 2. Conduct case reviews of deaths of persons eighteen (18)
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2 years of age or older due to licit or illicit opioid use in this
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3 state;
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4 3. Collect, analyze and interpret state and local data on
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5 opioid overdose deaths;
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6 4. Develop a state and local database on opioid overdose
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7 deaths;
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8 5. Improve policies, procedures and practices within the
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9 agencies in order to prevent fatal opioid overdoses and to serve
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1 0 victims of unintentional overdose; and
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11 6. Enter into agreements with other state, local or private
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1 2 entities as necessary to carry out the duties of the Opioid Overdose
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1 3 Fatality Review Board, including, but not limited to, conducting
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1 4 joint reviews with the Child Death Review Board on unintentional
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1 5 overdose cases involving child death and child near-death incidents.
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16 B. In carrying out its duties and responsibilities, the Board
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1 7 shall:
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18 1. Promulgate rules establishing criteria for identifying cases
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1 9 involving an opioid overdose death subject to specific, in-depth
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2 0 review by the Board;
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21 2. Conduct a specific case review of those cases where the
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2 2 cause of death is or may be related to overdose of opioid drugs;
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1 3. Establish and maintain statistical information related to
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2 opioid overdose deaths including, but not limited to, demographic
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3 and medical diagnostic information;
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4 4. Establish procedures for obtaining initial information
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5 regarding opioid overdose deaths from law enforcement agencies;
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6 5. Review the policies, practices and procedures of medical
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7 systems and law enforcement systems and other overdose protection
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8 and prevention systems, and make specific recommendations to those
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9 entities for actions necessary for the improvement of the system;
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10 6. Request and obtain a copy of all records and reports
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1 1 pertaining to an adult whose case is under review including, but not
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1 2 limited to:
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13 a. the report of the medical examiner,
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14 b. hospital records,
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15 c. school records,
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16 d. court records,
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17 e. prosecutorial records,
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18 f. local, state and federal law enforcement records
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19 including, but not limited to, the Oklahoma State
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20 Bureau of Investigation (OSBI) and Oklahoma State
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21 Bureau of Narcotics and Dangerous Drugs Control (OBN),
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22 g. fire department records,
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23 h. State Department of Health records, including birth
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24 certificate records,
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1 i. medical and dental records,
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2 j. Department of Mental Health and Substance Abuse
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3 Services and other mental health records,
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4 k. emergency medical service records,
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5 l. files of the Department of Human Services, and
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6 m. records in the possession of the Child Death Review
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7 Board when conducting a joint review in accordance
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8 with paragraph 6 of subsection A of this section.
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9 Confidential information provided to the Board shall be maintained
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1 0 by the Board in a confidential manner as otherwise required by state
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1 1 and federal law. Any person damaged by disclosure of such
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1 2 confidential information by the Board or its members which is not
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1 3 authorized by law may maintain an action for damages, costs and
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1 4 attorney fees pursuant to The Governmental Tort Claims Act;
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15 7. Maintain all confidential information, documents and records
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1 6 in possession of the Board as confidential and not subject to
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1 7 subpoena or discovery in any civil or criminal proceedings; provided
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1 8 however, information, documents and records otherwise available from
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1 9 other sources shall not be exempt from subpoena or discovery through
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2 0 those sources solely because such information, documents and records
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2 1 were presented to or reviewed by the Board;
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22 8. Conduct reviews of specific cases of opioid overdose deaths
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2 3 and request the preparation of additional information and reports as
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2 4 determined to be necessary by the Board including, but not limited
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1 to, clinical summaries from treating physicians, chronologies of
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2 contact and second-opinion autopsies;
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3 9. Report, if recommended by a majority vote of the Board, to
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4 the Governor, the President Pro Tempore of the Senate and the
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5 Speaker of the House of Representatives any information and guidance
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6 regarding the prevention and protection system to advise on changing
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7 trends in overdose rates, substances, methods or any other factor
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8 impacting overdose deaths, including any systemic issue within the
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9 medical, law enforcement or other relevant systems discovered by the
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1 0 Board while performing its duties; and
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11 10. Exercise all incidental powers necessary and proper for the
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1 2 implementation and administration of the Opioid Overdose Fatality
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1 3 Review Board.
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14 C. The review and discussion of individual cases of an opioid
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1 5 overdose death shall be conducted in executive session. All other
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1 6 business shall be conducted in accordance with the provisions of the
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1 7 Oklahoma Open Meeting Act. All discussions of individual cases and
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1 8 any writings produced by or created for the Board in the course of
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1 9 determining a remedial measure to be recommended by the Board, as
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2 0 the result of a review of an individual case of an opioid overdose
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2 1 death, shall be privileged and shall not be admissible in evidence
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2 2 in any proceeding. The Board shall periodically conduct meetings to
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2 3 discuss organization and business matters and any actions or
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2 4 recommendations aimed at improvement of the medical system or law
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1 enforcement system which shall be subject to the Oklahoma Open
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2 Meeting Act. Part of any meeting of the Board may be specifically
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3 designated as a business meeting of the Board subject to the
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4 Oklahoma Open Meeting Act.
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5 D. The Board shall submit an annual statistical report on the
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6 incidence and causes of opioid overdose deaths in this state for
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7 which the Board has completed its review during the past calendar
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8 year including its recommendations, if any, to the medical and law
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9 enforcement system. The Board shall also prepare and make available
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1 0 to the public, on an annual basis, a report containing a summary of
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1 1 the activities of the Board relating to the review of opioid
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1 2 overdose deaths, the extent to which the state medical and law
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1 3 enforcement system is coordinated and an evaluation of whether the
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1 4 state is efficiently discharging its responsibilities to prevent
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1 5 opioid overdose deaths. The report shall be completed no later than
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1 6 February 1 of the subsequent year.
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17 SECTION 2. This act shall become effective July 1, 2025.
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18 SECTION 3. It being immediately necessary for the preservation
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1 9 of the public peace, health or safety, an emergency is hereby
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2 0 declared to exist, by reason whereof this act shall take effect and
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2 1 be in full force from and after its passage and approval.
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23 60-1-1052 RD 1/14/2025 3:50:53 PM
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Req. No. 1052 Page 6Every fact on this page links to its source, starting with the official bill record.