| Chapter 002 |
| 2016 -- S 2002 Enacted 01/27/2016 |
| A N A C T |
| RELATING TO FOOD AND DRUGS - THE GOOD SAMARITAN OVERDOSE PREVENTION ACT OF 2016 |
| Introduced By: Senators McCaffrey, Paiva Weed, Ruggerio, Goodwin, and Miller |
| Date Introduced: January 05, 2016 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby |
| amended by adding thereto the following chapter: |
| CHAPTER 28.9 |
| THE GOOD SAMARITAN OVERDOSE PREVENTION ACT OF 2016 |
| 21-28.9-1. Short title. – This chapter shall be known and may be cited as "The Good |
| Samaritan Overdose Prevention Act of 2016". |
| 21-28.9-2. Definition. – "Opioid antagonist" means a drug which is a competitive |
| antagonist that binds to the opioid receptors with higher affinity than agonists but does not |
| activate the receptors, effectively blocking the receptor, preventing the human body from making |
| use of opiates and endorphins. |
| 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 person 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. |
| 21-28.9-4. Emergency overdose care – Immunity from legal repercussions. – (a) Any |
| person who, in good faith, without malice and in the absence of evidence of an intent to defraud, |
| seeks medical assistance for someone experiencing a drug overdose or other drug-related medical |
| emergency shall not be charged or prosecuted for any crime related to the possession of a |
| controlled substance or drug paraphernalia, or the operation of a drug-involved premises, if the |
| evidence for the charge was gained as a result of the seeking of medical assistance. |
| (b) A person who experiences a drug overdose or other drug-related medical emergency |
| and is in need of medical assistance shall not be charged or prosecuted for any crime related to |
| the possession of a controlled substance or drug paraphernalia, or the operation of a drug- |
| involved premises, if the evidence for the charge was gained as a result of the overdose and the |
| need for medical assistance. |
| (c) The act of providing first aid or other medical assistance to someone who is |
| experiencing a drug overdose or other drug-related medical emergency may be used as a |
| mitigating factor in a criminal prosecution pursuant to the controlled substances act. |
| (d) The immunity related to the possession of a controlled substance or drug |
| paraphernalia or the operation of a drug-involved premises afforded under this section shall also |
| extend to a violation of probation and/or parole on those grounds. |
| 21-28.9-5. Law enforcement reports. – In the first week of January, 2017, and each year |
| thereafter, the attorney general shall, in cooperation with local law enforcement agencies and the |
| state police, submit to the general assembly a report summarizing the impact of this chapter on |
| law enforcement. The report shall include any incidents in which a law enforcement agency was |
| barred, due to the immunity provisions of §21-28.9-4, from charging or prosecuting a person |
| under chapters 28 and 28.5 of this title who would have otherwise been so charged or prosecuted, |
| and indicating whether the person was charged with, or prosecuted for, any other criminal offense |
| resulting from the agency's response to the request for medical assistance. |
| SECTION 2. This act shall take effect upon passage. |
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| LC003451 |
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