2014 -- S 2883

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LC005195

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO FOOD AND DRUGS - THE GOOD SAMARITAN OVERDOSE

PREVENTION ACT

     Introduced By: Senators McCaffrey, Jabour, Miller, Lynch, and Metts

     Date Introduced: April 09, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     Section 1. Pub. L. 2012, Ch. 251, entitled "An Act Relating to Food and Drugs – Good

Samaritan Overdose Prevention Act" is hereby amended to read as follows:

     It is enacted by the General Assembly as follows: SECTION 1. Title 21 of the General

Laws in Chapter 21-28-8 entitled "FOOD AND DRUGS" is hereby amended by adding thereto

the following chapter:

     SECTION 1. Chapter 21-28.8 of the General Laws entitled "THE GOOD SAMARITAN

OVERDOSE PREVENTION ACT" is hereby amended to read as follows:

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 RIGL chapters 21-28 or 21-

28.5, 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 RIGL

chapters 21-28 or 21-28.5, 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 immunity afforded under this section shall extend to any violation of probation

and/or parole if the evidence for the charge was gained as a result of the seeking of medical

assistance.

     (c)(d) 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, 2013 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 subsection § 21-28.8-4(a), from charging or

prosecuting a person under Rhode Island general law chapters 21-28 or 21-28.5 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 and shall expire on July 1, 2015.

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     Section 2. Pub. L. 2012, Ch. 263, entitled "An Act Relating to Food and Drugs – Good

Samaritan Overdose Prevention Act" is hereby amended to read as follows:

     It is enacted by the General Assembly as follows: SECTION 1. Title 21 of the General

Laws in Chapter 21-28-8 entitled "FOOD AND DRUGS" is hereby amended by adding thereto

the following chapter:

     SECTION 1. Chapter 21-28.8 of the General Laws entitled "THE GOOD SAMARITAN

OVERDOSE PREVENTION ACT" is hereby amended to read as follows:

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 RIGL chapters 21-28 or 21-

28.5, 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 RIGL

chapters 21-28 or 21-28.5, 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

LC005195 - Page 3 of 4

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

medical assistance.

     (c) The immunity afforded under this section shall extend to any violation of probation

and/or parole if the evidence for the charge was gained as a result of the seeking of medical

assistance.

     (c)(d) 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, 2013 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 subsection § 21-28.8-4(a), from charging or

prosecuting a person under Rhode Island general law chapters 21-28 or 21-28.5 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 and shall expire on July 1, 2015.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS - THE GOOD SAMARITAN OVERDOSE

PREVENTION ACT

***

     This act would amend two chapters of the 2012 Public Laws by repealing the sunset

provision of July 1, 2015 as the expiration date of the "Good Samaritan Overdose Prevention

Act".

     This act would take effect upon passage.

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