2012 -- S 2841 SUBSTITUTE A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO FOOD AND DRUGS - GOOD SAMARITAN OVERDOSE PREVENTION

ACT

     

     

     Introduced By: Senators Perry, Miller, Jabour, Ottiano, and Sosnowski

     Date Introduced: March 28, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 28.8

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THE GOOD SAMARITAN OVERDOSE PREVENTION ACT

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     21-28.8-1. Short title. – This chapter shall be known and may be cited as “The Good

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Samaritan Overdose Prevention Act”.

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     21-28.8-2. Definition. – “Opioid antagonist” is a drug which is a competitive antagonist

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that binds to the opioid receptors with higher affinity than agonists but does not activate the

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receptors, effectively blocking the receptor, preventing the human body from making use of

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opiates and endorphins.

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     21-28.8-3. Authority to administer opioid antagonists – Release from liability. – (a)

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A person may administer an opioid antagonist to another person if:

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     (1) He or she, in good faith, believes the other person is experiencing a drug overdose;

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and

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     (2) He or she acts with reasonable care in administering the drug to the other person.

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     (b) A person who administers an opioid antagonist to another person pursuant to this

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section shall not be subject to civil liability or criminal prosecution as a result of the

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administration of the drug.

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     21-28.8-4. Emergency overdose care – Immunity from legal repercussions. – (a) Any

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person who, in good faith, seeks medical assistance for someone experiencing a drug overdose or

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other drug-related medical emergency shall not be charged or prosecuted for any crime under

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RIGL 21-28 or 21-28.5 related to the possession or delivery of a controlled substance or drug

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paraphernalia, or the operation of a drug-involved premises if the evidence for the charge was

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gained as a result of the seeking of medical assistance.

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     (b) A person who experiences a drug overdose or other drug-related medical emergency

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and is in need of medical assistance shall not be charged or prosecuted for any crime under RIGL

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21-28 or 21-28.5 related to the possession or delivery of a controlled substance or drug

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paraphernalia or the operation of a drug-involved premises if the evidence for the charge was

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gained as a result of the overdose and the need for medical assistance.

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     (c) The act of providing first aid or other medical assistance to someone who is

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experiencing a drug overdose or other drug-related medical emergency may be used as a

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mitigating factor in a criminal prosecution pursuant to the controlled substances act.

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     21-28.8-5. Law enforcement reports. – In the first week of January, 2013 and each year

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thereafter, the attorney general shall, in cooperation with local law enforcement agencies and the

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state police, submit to the general assembly a report summarizing the impact of this chapter on

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law enforcement. The report shall include any incidents in which a law enforcement agency was

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barred, due to the immunity provisions of subsection 21-28.8-4(a), from charging or prosecuting a

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person under Rhode Island general law 21-28 or 21-28.5 who would have otherwise been so

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charged or prosecuted, and indicating whether the person was charged with, or prosecuted for,

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any other criminal offense resulting from the agency's response to the request for medical

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assistance.

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     SECTION 2. This act shall take effect upon passage and shall expire on July 1, 2015.

     

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FOOD AND DRUGS - GOOD SAMARITAN OVERDOSE PREVENTION

ACT

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     This act would create “The Good Samaritan Overdose Prevention Act” which would

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exempt from liability any person who administers an opioid antagonist to another person to

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prevent a drug overdose.

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     This act would take effect upon passage and would expire on July 1, 2015.

     

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S2841A