An Act To Establish an Accidental Drug Overdose Death Review Panel”
Maine Legislature, Session 129, LD 2153
Committee Amendment CA_A_S488 (Senate)

COMMITTEE AMENDMENT “      ” to S.P. 779, L.D. 2153, Bill, “An Act To 
Establish an Accidental Drug Overdose Death Review Panel”
Amend the bill in section 1 in §200-M in the first indented paragraph in the last line 
(page 1, line 19 in L.D.) by adding at the end the following:  'For purposes of this section, 
"accidental drug overdoses" means those overdoses that are presumed to be self-
administered by an individual and excludes any overdose that occurs within a licensed 
health care facility.'
Amend the bill in section 1 in §200-M by striking out all of subsection 1 (page 1, 
lines 20 to 35 and page 2, lines 1 to 11 in L.D.) and inserting the following:
'1.  Composition.  The panel consists of the following members:
In making appointments to the panel, the appointing authorities shall take into 
consideration the racial and ethnic diversity of the State.
A.  The Chief Medical Examiner, ex officio;
B.  The Commissioner of Public Safety, ex officio;
C.  The director of the office of behavioral health within the Department of Health 
and Human Services, ex officio;
D.  The Director of the Maine Center for Disease Control and Prevention within the 
Department of Health and Human Services, ex officio;
E.  The Chief Justice of the Supreme Judicial Court, ex officio;
F.  A prosecutor, nominated by a statewide association of prosecutors and appointed 
by the Attorney General;
G.  A police chief, nominated by a statewide association of chiefs of police and 
appointed by the Attorney General;
H.  A sheriff, nominated by a statewide association of sheriffs and appointed by the 
Attorney General;
Date: 
(Filing No. S-          )
COMMITTEE AMENDMENT “      ” to S.P. 779, L.D. 2153
COMMITTEE AMENDMENT
I.  One or more physicians who treat substance use disorder, appointed by the 
Governor;
J.  An emergency medical services representative, appointed by the Commissioner of 
Public Safety;
K.  An expert in harm reduction strategies, appointed by the Governor;
L.  An academic research professor with experience in reviewing drug overdose 
deaths, appointed by the Attorney General;
M.  A representative of families affected by drug overdose deaths, appointed by the 
Governor;
N.  A person in recovery from substance use disorder, appointed by the Governor; 
and
O.  The director of opioid response within the Governor's Office of Policy Innovation 
and the Future, who shall chair the panel.
In making appointments to the panel, the appointing authorities shall take into 
consideration the racial and ethnic diversity of the State.' 
Amend the bill in section 1 in §200-M in subsection 3 in the last line (page 2, line 20 
in L.D.) by striking out the following: "July 1, 2020" and inserting the following: 'January 
1, 2021'
Amend the bill in section 1 in §200-M in subsection 4 in the 2nd line (page 2, line 22 
in L.D.) by striking out the following: "overdoses." and inserting the following: 
'overdoses, taking into consideration the racial and ethnic composition of the population 
of individuals whose deaths are associated with an accidental drug overdose.'
Amend the bill in section 1 in §200-M in subsection 5 in the first to 4th lines (page 2, 
lines 31 to 34 in L.D.) by striking out the following: "The panel may request and receive 
confidential criminal history record information as defined by Title 16, section 703, 
subsection 2 and public criminal history record information as defined by Title 16, 
section 703, subsection 8 from the Department of Public Safety."
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
This amendment changes the provisions of the bill establishing the Accidental Drug 
Overdose Review Panel to: update the name of the office of behavioral health in the 
Department of Health and Human Services; limit the representation of families affected 
by drug overdose deaths to one member; add a member who is a person in recovery from 
substance use disorder, to be appointed by the Governor; and remove the provision 
authorizing the Attorney General and the Governor to appoint additional members.  This 
amendment also requires that the appointments to the panel take into consideration the 
racial and ethnic diversity of the State.
The amendment changes the date by which the first meeting is to be convened from 
July 1, 2020 to January 1, 2021.
COMMITTEE AMENDMENT “      ” to S.P. 779, L.D. 2153
COMMITTEE AMENDMENT
The amendment provides that when the subset of all drug overdoses is selected for 
review, the racial and ethnic composition of the population of individuals associated with 
those deaths must be considered.
The amendment defines "accidental drug overdoses" to mean overdoses that are 
presumed to be self-administered by individuals and excludes any overdose that occurs 
within a licensed health care facility.  Overdoses in licensed health care facilities are 
currently subject to review as sentinel events under the Maine Revised Statutes, Title 22, 
chapter 1684.
The amendment removes the authority of the panel to request and receive 
confidential criminal history record information.
Approved: 08/18/20
LD 2153
LR 3253(02)
Fiscal Detail and Notes
Minor cost increase - General Fund
Additional costs to the Department of Health and Human Services, the Department of Public Safety, the Office of the 
Attorney General, the Governor's Office and the Judicial Branch to serve on the Accidental Drug Overdose and 
Review panel or provide information can be absorbed within existing budgeted resources.
An Act To Establish an Accidental Drug Overdose Death Review Panel
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
LR3253(02) - Fiscal Note - Page 1 of 1