(a) The Commission shall investigate and review the facts and circumstances of all overdose deaths involving opiates, fentanyl or heroin which occur in Delaware. The review of deaths involving criminal investigations will be delayed until the later of the conclusion of such investigation, or the adjudication of related criminal charges, if any. The Commission shall make recommendations to the Governor and General Assembly, at least annually, regarding those practices or conditions which impact the frequency of overdose deaths involving opiates, fentanyl or heroin, and steps that can be taken to reduce the frequency of such overdose deaths. All recommendations made pursuant to this subsection shall comply with applicable state and federal confidentiality provisions, including but not limited to those enumerated in § 4799D of this title. Notwithstanding any provision of this subchapter to the contrary, no recommendation shall specifically identify any individual or any nongovernmental agency, organization or entity.

(b) Reviews conducted by the Commission and regional review teams shall in all cases include a review of the medical records of the deceased.

(c) In connection with any review, the Commission and regional review teams shall have the power and authority to:

(1) Administer oaths; and

(2) Compel the attendance of witnesses whose testimony is related to the overdose death under review and the production of any records related to the death or pertinent to the Commission’s investigation, through the use of process issued by the Department of Justice pursuant to § 2508 of Title 29.

(d) Notwithstanding any provision of this subchapter to the contrary, no person identified by the Department of Justice as a potential witness in any criminal prosecution arising from an overdose death shall be questioned, deposed or interviewed by or for the Commission in connection with its investigation and review of such death until the completion of such prosecution.

80 Del. Laws, c. 220, § 1; 81 Del. Laws, c. 94, § 2.