2012 -- S 2841 SUBSTITUTE A AS AMENDED

=======

LC01128/SUB A/5

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

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:

1-1

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

1-2

amended by adding thereto the following chapter:

1-3

     CHAPTER 28.8

1-4

THE GOOD SAMARITAN OVERDOSE PREVENTION ACT

1-5

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

1-6

Samaritan Overdose Prevention Act”.

1-7

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

1-8

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

1-9

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

1-10

opiates and endorphins.

1-11

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

1-12

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

1-13

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

1-14

and

1-15

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

1-16

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

1-17

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

1-18

administration of the drug.

2-19

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

2-20

person who, in good faith, without malice and in the absence of evidence of an intent to defraud

2-21

seeks medical assistance for someone experiencing a drug overdose or other drug-related medical

2-22

emergency shall not be charged or prosecuted for any crime under RIGL 21-28 or 21-28.5, except

2-23

for a crime involving the manufacture or possession with the intent to manufacture a controlled

2-24

substance or possession with intent to deliver a controlled substance, if the evidence for the

2-25

charge was gained as a result of the seeking of medical assistance.

2-26

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

2-27

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

2-28

21-28 or 21-28.5, except for a crime involving the manufacture or possession with the intent to

2-29

manufacture a controlled substance or possession with intent to deliver a controlled substance, if

2-30

the evidence for the charge was gained as a result of the overdose and the need for medical

2-31

assistance.

2-32

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

2-33

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

2-34

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

2-35

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

2-36

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

2-37

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

2-38

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

2-39

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

2-40

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

2-41

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

2-42

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

2-43

assistance.

2-44

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

=======

LC01128/SUB A/5

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FOOD AND DRUGS - GOOD SAMARITAN OVERDOSE PREVENTION

ACT

***

3-1

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

3-2

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

3-3

prevent a drug overdose.

3-4

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

=======

LC01128/SUB A/5

=======