TITLE 21
Food And Drugs

CHAPTER 21-28.9
The Good Samaritan Overdose Prevention Act of 2016

SECTION 21-28.9-3


§ 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) Any person, including law enforcement personnel and emergency medical personnel, 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.

(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), 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.

History of Section.
(P.L. 2016, ch. 1, § 1; P.L. 2016, ch. 2, § 1; P.L. 2018, ch. 184, § 1; P.L. 2018, ch. 288, § 1; P.L. 2019, ch. 194, § 1; P.L. 2019, ch. 250, § 1.)