For more information, contact Triana McNeil at (202) 512-8777 or mcneilt@gao.gov. What if the good Samaritan acted with gross negligence or willful misconduct? People may also fear consequences beyond a possession charge. The Good Samaritan Law grants immunity for a minor drug possession offense for the person who overdosed AND the person who called 911 to seek help. 5. The Drug Policy Alliance (DPA) was instrumental in passing Good Samaritan laws in California, Colorado, New York, New Jersey, New Mexico, New York, Vermont, and a host of other states. It could be more effective with more targeted messaging, he said. But these findings have limitations, due in part to the small number of studies. With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego, you are sure to find an available and convenient attorney near you. The Department of Health Care Service, the Health Management Associates, and the California Health Policy Strategies, L.L.C. Copyright 2022Drug Policy Alliance. 613-957-0200, Media RelationsHealth Canada Definitely recommend! The COVID-19 pandemic was associated with an acceleration of the overdose crisis and with approximately 1,000 additional unpredicted deaths in 2020. Grace Keller, the program coordinator of Safe Recovery, said the nonprofit effortinforms everyone about the law. A three-judge Superior Court panel ruled in two cases in mid-August that defendants convicted on drug charges failed to prove that police were initially called to the scene over fears that the defendants needed immediate medical attention. Many states have sub-par Good Samaritan laws that impose requirements like police cooperation or drug treatment as a condition of immunity, which means they are not optimally utilized. The Comprehensive Addiction and Recovery Act of 2016 included a provision for GAO to review these laws. Examplesofgood Samaritanrelated acts include: Please note thatcivil damagesunder this law include both: The protection against civil liability extended under the GSL does not include instances ofgross negligenceand willful or wanton misconduct. Principal Officer. Probation and parole violations, immigration and child welfare consequences, outstanding warrants, trespassing, or sales or drug-induced homicide charges can be equal barriers to calling 911. The immunity also covers the person suffering the overdose. It protects student bystanders and those who need . You will not receive a reply. In 2016, Ohio revised its Good Samaritan laws ( Ohio Revised Code Section 2925.11) to encourage people to call 911 when they see someone who overdoses. Calling 911 is important because naloxonecan wear off, and an overdose victim should be monitored, she said. Instead of pooling resources with other states, some lawmakers are consolidating the purchasing clout within their own borders. While most professional first responders and . For example, New Mexicos law does not protect an individual on probation or parole. Contact Us| This material may not be published, broadcast, rewritten, or redistributed. NCSL helps draft bills, organize workshops and convene legislative-executive teams. Women, Influence & Power in Law UK Awards 2023, COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 0:05. "You are immune from civil or criminal liaibility for giving Naloxone so long as you do not act recklessly, with gross negligence or intentional misconduct.". Initial results from an evaluation of Washington States Good Samaritan law, adopted in 2010, found that 88% of people who use opioids said they would be more likely, and less afraid, to call 911 in the event of a future overdose after learning about the law. a. Modifying laws to provide civil and criminal immunity to health care professionals, law enforcement officials, medical first responders, and non-medical first responders (including peers, bystanders, employers, the overdose UnderHSC 1799.102, the GSL states that you cannot be liable for any civil damages that result from you providing emergency care, if: Note that the scene of an emergency does not include emergency departments and other places where medical care is usually provided.2, The GSL is designed to protect good Samaritans that help at the scene of an accident or emergency, but perhaps are not as qualified in giving care as trained medical personnel. Supreme Court Rules for Inmates Seeking Reduced Prison Sentences. NCSL summarizes the results of the Feb. 21, 2023, special elections in Kentucky, New Hampshire, Virginia and Wisconsin. intentional or reckless disregard for the safety of others, or. Furthermore, even if a person is not otherwise authorized to administer naloxone, they are still provided the same immunity so long as they acted with reasonable care and in good faith, and were not compensated for administering the naloxone. In 2016, Ohio revised its Good Samaritan laws ( Ohio Revised Code Section 2925.11) to encourage people to call 911 when they see someone who overdoses. You then take the drivers wallet and run off. Overdose immunity laws provide immunity from criminal liability during these situations and evidence indicates that these laws reduce incidence of overdose deaths. Also note that the GSL is silent oncriminal liability, which means a good Samaritan could technically face criminal charges for committing a crime in the provision of emergency care. Plus if you seek emergency help for someones drug-related overdose, you will not face criminal charges for drug possession. 748, the "Coronavirus Aid, Relief and Economic Security Act" (CARES Act). GAO provided a draft of this report to ONDCP for comments. "It could be murder," she said. This will improve emergency overdose response and save lives. A person who experiences a drug-related overdose and is in need of medical assistance may not be charged or prosecuted for possession of a controlled substance under section 152.023, subdivision 2, clauses (4) and (6), 152.024, or 152.025, or possession of drug paraphernalia. Surgeon General Jerome M. Adams, M.D., M.P.H., released a public health advisory to urge more Americans to carry a potentially lifesaving medication that can reverse the effects of an opioid overdose. For example, Good Samaritan laws vary in the types of drug offenses that are exempt from prosecution and whether this immunity takes effect before an individual is arrested or charged, or after these events but before trial. Join The Legal Intelligencer now! He suggested the state work with law enforcement to build trust possibly by creating public service announcements featuring the state's top prosecutors and police chiefs to educate people about the law. The passing of the Good Samaritan Drug Overdose Act complements the Governments new drug strategy, as well as ongoing federal action on opioids and the Joint Statement of Action to Address the Opioid Crisis signed at the Opioid Summit in Ottawa last November. Over the past year, the federal government has been building a new approach to drug policy by working collaboratively with communities, provinces, territories and key stakeholders, including addiction experts, the medical community, first responders, Indigenous groups, non-governmental organizations, as well as Canadians with lived experience. Some addicts in recovery raised concerns about the lack of trust between police and addicts earlier this year, when the Burlington Police Department began a pilot program to send the fire chief, the deputy police chief and a social workerto follow up with city residents who overdosed. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. an extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or to others. And, he added, are there other people present when people overdose and die? driving under the influence of drugs, per VC 23152, Valdez v. Costco Wholesale Corp. (Court of Appeal of California, Second Appellate District, Division Two, 2022) B315309, seeing a car crash into a tree while walking home from work andhelping the injured driver out of the car, providinglight medical care to a person afterwatching him fall off a stadium seat at a softball game, dragging a drowning swimmer out of a lake and performing CPR, the reprehensibility of the defendants conduct, and. If you witness a suspected overdose, call 911 and seek medical care for the victim immediately, as you will not face prosecution or arrest for low-level drug violations. Vermont's Department of Healthprovides information about overdose reversals and stresses the need to call 911, although the language on itsinformational pamphlet does not specifically address immunity from possession charges. Substance Abuse Insurance Laws Insurance regulations treat mental health and substance abuse services as essential health benefits. The Senate on Thursday unanimously passed a bill to extend criminal immunity to anyone seeking medical assistance for themselves or others for a drug overdose. Home / Statutes of Pennsylvania / Unconsolidated Statutes / Law Information / 2014 Act 139. Minister of Health "It took a lot of Narcan to snap me out of it," he said. With 40+ years of experience, Wallin & Klarich is your best choice amongst Southern California criminal defense firms. Finally, the law also does not offer specific protections from arrest for related charges, such as violation of parole or probation. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. This field is for validation purposes and should be left unchanged. a suspected drug overdose. 10 0 obj <> endobj As the need for naloxone has increased, so has the need for overdose immunity laws, such as the Good Samaritan law, to protect the pharmacist and physician from legal action for activities undertaken to preserve life. When granted,punitive damagesare in addition to amounts awarded as compensatory damages. NCSL's experts are here to answer your questions and give you unbiased, comprehensive information as soon as you need it on issues facing state legislatures. First, licensed health care providers who act with reasonable care in issuing a patient-specific prescription for naloxone or a naloxone standing order cannot be subject to criminal prosecution. People can still be charged with other crimes resulting from the 911 call, said Chittenden County State's Attorney Sarah George, such as driving under the influence or child endangerment. hb``g``2c 7P#0p4 C1CA@LF8&0pq0kjT8FQ Bg The 2022 Florida Statutes (including Special Session A) 893.21 Alcohol-related or drug-related overdoses; medical assistance; immunity from arrest, charge, prosecution, and penalization.. Today, he hopesto spare others from the "nightmare and hell" he lived through as an addict. she asked. U.S. Witnesses to an overdose, however, often hesitate to seek help or simply do not call for assistance. (B) (1) The prescriber must provide to the person or the caregiver overdose information addressing the following: SACRAMENTO (KCBS) - A new state law goes into effect Jan. 1, 2013 that may help save the lives of substance abusers: it offers immunity to users if they call 911 to help someone who has overdosed on drugs. "I don't have that data," he said. Last year, for the second consecutive year, accidental fatal overdoses in Vermont topped 100. ; Plus if you seek emergency help for someone's drug-related overdose, you will not face criminal charges for drug possession.. See our fentanyl report to learn about more health-centered solutions to the overdose crisis. Preventable drug-related overdose deaths have doubled since 2017. Maine now joins forty other states and the District of Columbia in enacting some form of a Good Samaritan or 911 drug immunity law. Sign up to receive action alerts and news about drug policy reform. It clarifies that physicians and other health care . Most States Have Good Samaritan Laws and Research Indicates They May Have Positive Effects. Keller saidthe Safe Recovery program hasbeen having "great luck with distributing Narcan," but it still struggles to convince people to call 911. Minister of Public Safety and Emergency Preparedness. ONDCP awarded grants to organizations that included support for efforts to track these laws and to develop a model law. This means that AB 472 does not affect laws prohibiting the selling, providing, giving, or exchanging of drugs, or laws prohibiting the forcible administration of drugs against a persons will. The Government of Canada is committed to implementing a comprehensive, collaborative, compassionate and evidence-based response to Canadas opioid crisis. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. (A) Public safety answering point personnel who are certified as emergency service telecommunicators under section 4742.03 of the Revised Code shall receive training in informing individuals who call about an apparent drug overdose about the immunity from prosecution for a minor drug possession offense created by section 2925.11 of the Revised Code. 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