2016 -- S 2002

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LC003451

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO FOOD AND DRUGS - THE GOOD SAMARITAN OVERDOSE

PREVENTION ACT OF 2016

     Introduced By: Senators McCaffrey, Paiva Weed, Ruggerio, Goodwin, and Miller

     Date Introduced: January 05, 2016

     Referred To: Placed on Senate Calendar

     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 28.9

THE GOOD SAMARITAN OVERDOSE PREVENTION ACT OF 2016

     21-28.9-1. Short title. – This chapter shall be known and may be cited as "The Good

Samaritan Overdose Prevention Act of 2016".

     21-28.9-2. Definition. – "Opioid antagonist" means 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.

     21-28.9-3. Authority to administer opioid antagonists – Release from liability. – (a)

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

     (1) They, in good faith, believe the other person is experiencing a drug overdose; and

     (2) They act 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.

     21-28.9-4. 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 related to the possession of a

controlled substance or drug paraphernalia, or the operation of a drug-involved premises, 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 related to

the possession of a controlled substance or drug paraphernalia, or the operation of a drug-

involved premises, 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.

     (d) The immunity related to the possession of a controlled substance or drug

paraphernalia, or the operation of a drug-involved premises afforded under this section shall also

extend to a violation of probation and/or parole on those grounds.

     21-28.9-5. Law enforcement reports. – In the first week of January, 2017, 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 §21-28.9-4, from charging or prosecuting a person

under chapters 28 and 28.5 of this title 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.

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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 OF 2016

***

     This act would create "The Good Samaritan Overdose Prevention Act of 2016" which

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

prevent a drug overdose. It would further provide immunity for violations of probation and/or

parole for those persons who in good faith, seek medical assistance for a person experiencing a

drug overdose.

     This act would take effect upon passage.

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