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:

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

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

     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 Any person, including law enforcement personnel and emergency medical

personnel, who administers administer 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.

     (c)(1) State and municipal law enforcement personnel and emergency medical personnel

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

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

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

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

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

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

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

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

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

with knowledge of the individual's prior opioid use.

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

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

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

constitute willful and wanton misconduct.

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

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

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

or omissions constitute willful and wanton misconduct.

     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 provide that law enforcement personnel, emergency medical personnel,

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

prosecution as a result of administering opioid antagonists.

     This act would take effect upon passage.

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