2009 -- S 0194

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LC00594

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO FOOD AND DRUGS -- GOOD SAMARITAN OVERDOSE PREVENTION

ACT

     Introduced By: Senator C Levesque

     Date Introduced: February 04, 2009

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 28.7

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THE GOOD SAMARITAN OVERDOSE PREVENTION ACT

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     21-28.7-1. Short title. – This chapter shall be known and may be cited as "The Good

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Samaritan Overdose Prevention Act".

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     21-28.7-2. Definition. – "Opioid antagonist" is a drug which is a competitive antagonist

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that binds to the opioid receptors with higher affinity than agonists but do not activate the

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receptors, effectively blocking the receptor, preventing the human body from making use of

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opiates and endorphins.

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     21-28.7-3. Authority to administer opioid antagonists – Release from liability. – (a)

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A person may administer an opioid antagonist to another person if:

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     (1) He or she, in good faith, believes the other person is experiencing a drug overdose;

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and

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     (2) He or she acts with reasonable care in administering the drug to the other person.

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     (b) A person who administers an opioid antagonist to another person pursuant to this

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section shall not be subject to civil liability or criminal prosecution as a result of the

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administration of the drug.

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     21-28.7-4. Healthcare professionals – Release from liability. – Any licensed healthcare

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professional who is permitted by law to prescribe an opioid antagonist, if acting with reasonable

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care, may prescribe, dispense, distribute or administer an opioid antagonist to any person without

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being subject to civil liability or criminal prosecution.

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     21-28.7-5. Emergency overdose care – Immunity from legal repercussions. – (a) Any

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person who, in good faith, seeks medical assistance for someone experiencing a drug or alcohol

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related medical emergency shall not be charged or prosecuted for any crime related to the

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possession or delivery of a controlled substance or drug paraphernalia, or the operation of a drug-

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involved premises if the evidence for the charge was gained as a result of the seeking of medical

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assistance.

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     (b) Any person who experiences a drug or alcohol related medical emergency and is in

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need of medical assistance shall not be charged or prosecuted for any crime related to the

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possession or delivery of a controlled substance or drug paraphernalia or the operating of a drug-

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involved premises if the evidence for the charge was gained as a result of the overdose and the

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need for medical assistance.

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     (c) The act of providing first aid or other medical assistance to someone who is

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experiencing a drug or alcohol related medical emergency may be used as a mitigating factor in a

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criminal prosecution pursuant to the controlled substances act.

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     SECTION 2. This act shall take effect upon passage.

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LC00594

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FOOD AND DRUGS -- GOOD SAMARITAN OVERDOSE PREVENTION

ACT

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     This act would create "The Good Samaritan Overdose Prevention Act" which would

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exempt from liability any person who administers an opioid antagonist to another person to

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prevent a drug overdose.

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     This act would take effect upon passage.

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LC00594

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