2014 -- H 7869

========

LC005032

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO FOOD AND DRUGS - GOOD SAMARITAN OVERDOSE PREVENTION

ACT

     Introduced By: Representatives Ferri, Tanzi, Shekarchi, Cimini, and Naughton

     Date Introduced: March 04, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following chapter:

CHAPTER 28.8

THE GOOD SAMARITAN OVERDOSE PREVENTION ACT

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

Samaritan Overdose Prevention Act".

     21-28.8-2. Definition. - "Opioid antagonist" is a drug which is a competitive antagonist

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

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

opiates and endorphins.

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

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

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

and

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

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

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

administration of the drug.

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

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

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

emergency shall not be charged or prosecuted for any crime under chapters 28 or 28.5 of title 21,

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

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

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

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

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

chapters 28 or 28.5 of title 21, except for a crime involving the manufacture or possession with

the intent to manufacture a controlled substance or possession with intent to deliver a controlled

substance, if the evidence for the charge was gained as a result of the overdose and the need for

medical assistance.

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

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

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

     21-28.8-5. Law enforcement reports. – In the first week of January, 2015 and each year

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

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

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

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

under chapters 28 or 28.5 of title 21 who would have otherwise been so charged or prosecuted,

and indicating whether the person was charged with, or prosecuted for, any other criminal offense

resulting from the agency's response to the request for medical assistance.

     SECTION 2. This act shall take effect upon passage.

========

LC005032

========

LC005032 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS - GOOD SAMARITAN OVERDOSE PREVENTION

ACT

***

     This act would adopt "The Good Samaritan Overdose Prevention Act" which would

exempt from civil liability, individuals who administer an opioid antagonist to another person to

prevent a drug overdose.

     This act would take effect upon passage.

========

LC005032

========

LC005032 - Page 3 of 3