Sec. 6. (a) The SOFR team shall review the death of each person whose death occurred in the area served by the SOFR team if one (1) or more of the following conditions are met:
(1) The person's cause of death is listed as one (1) or more of the following:
(A) Poisoning.
(B) Intoxication.
(C) Toxicity.
(D) Inhalation.
(E) Ingestion.
(F) Overdose.
(G) Exposure.
(H) Chemical use.
(I) Neonatal abstinence syndrome (NAS) effects.
(2) The person's manner of death is classified as one (1) of the following:
(A) Accident.
(B) Suicide.
(C) Undetermined.
(3) The person's manner of death is classified as natural but drug intoxication or exposure is listed as a contributing factor.
(b) When conducting a SOFR fatality review under subsection (a), the SOFR team may review the following records if the records pertain to a person or incident within the scope of the SOFR team's review:
(1) Records held by the:
(A) local or state health department;
(B) INSPECT program (as described under IC 25-26-24); or
(C) department of child services.
(2) Medical records.
(3) Law enforcement records.
(4) Autopsy reports.
(5) Coroner records.
(6) Mental health reports.
(7) Emergency medical services provider records.
(8) Fire department run reports.
(9) Disciplinary or health records generated by a local school system.
(10) Any other record concerning the assessment, care, fatality, diagnosis, near fatality, if applicable, or treatment of the person subject to a SOFR team review.
(c) Except as otherwise provided, information and records acquired by a SOFR team during the execution of the SOFR team's duties are confidential and exempt from disclosure.
(d) Subject to subsection (e), records, information, documents, and reports acquired or produced by a SOFR team are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any administrative or judicial proceeding.
(e) Records, information, documents, and reports that are admissible and otherwise discoverable from alternate sources do not become immune from discovery or use in any administrative or judicial proceeding because of their use by a SOFR team.
As added by P.L.112-2020, SEC.53.
Structure Indiana Code
Article 49.5. Suicide and Overdose Fatality Review Teams
Chapter 2. Suicide and Overdose Fatality Review Teams
16-49.5-2-1. Written Agreements
16-49.5-2-4. Convening of Meeting
16-49.5-2-5. Participation Prerequisites
16-49.5-2-6. Sofr Team Review; Review Eligibility Criteria
16-49.5-2-7. Death Certificate Review
16-49.5-2-8. Record Request Compliance; Fees
16-49.5-2-9. Sofr Team Meeting Topics; Sofr Team Duties
16-49.5-2-10. Public Access to Sofr Meetings
16-49.5-2-11. Confidentiality; Confidential Matters; Immunity
16-49.5-2-12. Duties of Chairperson
16-49.5-2-13. Confidentiality of Records