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2012 -- S 2841 | |
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LC01128 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO FOOD AND DRUGS - GOOD SAMARITAN OVERDOSE PREVENTION | |
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ACT | |
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Introduced By: Senators Perry, Miller, Jabour, Ottiano, and Sosnowski | |
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Date Introduced: March 28, 2012 | |
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Referred To: Senate Judiciary | |
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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 28.8 |
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THE GOOD SAMARITAN OVERDOSE PREVENTION ACT |
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21-28.8-1. 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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21-28.8-2. 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 does 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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21-28.8-3. 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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21-28.8-4. 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 overdose or |
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other drug-related medical emergency shall not be charged or prosecuted for any crime related to |
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the possession or delivery of a controlled substance or drug paraphernalia, or the operation of a |
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drug-involved premises if the evidence for the charge was gained as a result of the seeking of |
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medical assistance. |
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(b) A person who experiences a drug overdose or other drug-related medical emergency |
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and is in need of medical assistance shall not be charged or prosecuted for any crime related to |
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the possession or delivery of a controlled substance or drug paraphernalia or the operation of a |
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drug-involved premises if the evidence for the charge was gained as a result of the overdose and |
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the 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 overdose or other drug-related medical emergency may be used as a |
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mitigating factor in a 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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LC01128 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO FOOD AND DRUGS - GOOD SAMARITAN OVERDOSE PREVENTION | |
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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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LC01128 | |
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