§ 23-101-7. Noncooperation.
(a) Except as required by federal law, an officer or employee of a law enforcement agency, while acting under color of law, may not provide information or assistance to a federal law enforcement agency, to any law enforcement agency in another state or political subdivision of another state, or to any private citizen in relation to an investigation or inquiry into services constituting legally protected healthcare activity or aiding and assisting legally protected healthcare activity, if such services would be lawful as provided if they occurred entirely in this state.
(b) No arrest. Notwithstanding any provision of state law to the contrary and except as required by federal law, arrest of a person in this state is prohibited if at the time of the arrest the arresting official has information or knowledge that the arrest is related to criminal liability that is based on legally protected healthcare activity or aiding and assisting legally protected healthcare activity and the services would be lawful if they occurred entirely in this state.
(c) Exceptions. This section does not apply to a public agency, including a law enforcement agency, or an employee, appointee, officer, or official or any other person acting on behalf of a public agency:
(1) When responding to a warrant or extradition demand on the good faith belief that the warrant or demand is valid in this state; or
(2) When exigent circumstances make compliance with this section impossible. For the purposes of this subsection, “exigent circumstances” means circumstances in which there is an insufficient time to comply with this section and there is a compelling need for action due to the presence of an imminent danger to public safety, there is a potential where evidence faces imminent destruction, or any other circumstances where “exigent circumstances” as defined by common law exists.
History of Section.
P.L. 2024, ch. 260, § 3, effective June 25, 2024; P.L. 2024, ch. 261, § 3, effective
June 25, 2024.