House Bill #5536 (2019)

AN ACT RELATING TO FOOD AND DRUGS -- THE GOOD SAMARITAN OVERDOSE PREVENTION ACT OF 2016

Provides that law enforcement personnel, emergency medical personnel, and agencies participating in the HOPE initiative be exempt from civil liability or criminal prosecution as a result of administering opioid antagonists.

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Changes since original draft

  • 2019 – H 5536
  • 2019 – H 5536 SUBSTITUTE A
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  • LC001979
  • LC001979/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO FOOD AND DRUGS – THE GOOD SAMARITAN OVERDOSE
  • PREVENTION ACT OF 2016
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO FOOD AND DRUGS – THE GOOD SAMARITAN OVERDOSE
  • PREVENTION ACT OF 2016
  • Introduced By: Representatives Mattiello, Jacquard, Johnston, Canario, and Casey
  • Date Introduced: February 27, 2019
  • Referred To: House Health, Education & Welfare
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Section 21-28.9-3 of the General Laws in Chapter 21-28.9 entitled "The Good Samaritan Overdose Prevention Act of 2016" is hereby amended to read as follows:
  • 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 Any person, including law enforcement personnel and emergency medical personnel, who administers administer 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.
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 21-28.9-3 of the General Laws in Chapter 21-28.9 entitled "The Good Samaritan Overdose Prevention Act of 2016"is hereby amended to read as follows:
  • 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 Any person, including law enforcement personnel and emergency medical personnel, who administers administer 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) of this section, 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 in accordance with subsection (a) of this section, be liable for civil damages, unless the acts or omissions constitute willful and wanton misconduct.
  • SECTION 2. This act shall take effect upon passage.
  • (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.
  • SECTION 2. This act shalltake effect upon passage.
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  • LC001979
  • LC001979/SUB A
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO FOOD AND DRUGS – THE GOOD SAMARITAN OVERDOSE
  • LC001979/SUB A - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO FOOD AND DRUGS – THE GOOD SAMARITAN OVERDOSE
  • PREVENTION ACT OF 2016
  • ***
  • This act would provide that law enforcement personnel, emergency medical personnel, and agencies participating in the HOPE initiative be exempt from civil liability or criminal prosecution as a result of administering opioid antagonists.
  • This act would take effect upon passage. ======== LC001979 ========
  • This act would take effect upon passage. ======== LC001979/SUB A ========
  • LC001979/SUB A - Page 3of 3

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