Chapter 250
2019 -- S 0953
Enacted 07/15/2019

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

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 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.
     (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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LC002765
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