2019 -- S 0953

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LC002765

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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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 Ruggerio, Algiere, McCaffrey, Goodwin, and Coyne

     Date Introduced: June 05, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 21-28.9-3 of the General Laws in Chapter 21-28.9 entitled "The

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Good Samaritan Overdose Prevention Act of 2016" is hereby amended to read as follows:

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     21-28.9-3. Authority to administer opioid antagonists -- Release from liability.

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     (a) A person may administer an opioid antagonist to another person if:

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

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     (2) They act with reasonable care in administering the drug to the other person.

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     (b) A Any person, including law enforcement personnel and emergency medical

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personnel, who administers administer 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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     (c)(1) State and municipal law enforcement personnel and emergency medical personnel

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to include, but not limited to, emergency medical technicians (EMTs), paramedics, and fire

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department personnel may provide and transfer an opioid antagonist to an individual or to his or

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her responsible family member, friend, or other person, along with instructions on administration

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and use of the opioid antagonist, to provide opioid overdose protection to the individual, in the

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good-faith judgment of the law enforcement or emergency medical personnel, who is at

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substantial risk of experiencing an opioid-related overdose event. Law enforcement and

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emergency medical personnel may exercise their good-faith judgment based on their experience,

 

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training, knowledge, observations, and information provided by the individual at substantial risk

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of experiencing an opioid-related overdose event or from the individual's family, friend, or others

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with knowledge of the individual's prior opioid use.

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     (2) State and municipal law enforcement personnel and emergency medical personnel

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acting in good faith shall not, as a result of acts or omission in providing services in accordance

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with subsection (c) of this section, be liable for civil damages, unless the acts or omission

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constitute willful and wanton misconduct.

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     (d) Law enforcement officers or agencies participating in the HOPE (Heroin-Opioid

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Prevention Effort) initiative or program and acting in good faith shall not, as the result of acts or

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omissions in providing services, be subject to civil liability or criminal prosecution unless the acts

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or omissions constitute willful and wanton misconduct.

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     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

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     This act would provide that law enforcement personnel, emergency medical personnel,

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and agencies participating in the HOPE initiative be exempt from civil liability or criminal

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prosecution as a result of administering opioid antagonists.

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     This act would take effect upon passage.

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LC002765

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