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§21-28.8-4  Emergency overdose care – Immunity from legal repercussions. –


Published: 2015

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TITLE 21

Food And Drugs

CHAPTER 21-28.8

The Good Samaritan Overdose Prevention Act

SECTION 21-28.8-4



   § 21-28.8-4  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 under RIGL 21-28 or 21-28.5, except for

a crime involving the manufacture or possession with the intent to manufacture

a controlled substance or possession with intent to deliver a controlled

substance, 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 under RIGL 21-28 or 21-28.5, except for

a crime involving the manufacture or possession with the intent to manufacture

a controlled substance or possession with intent to deliver a controlled

substance, 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.



History of Section.

(P.L. 2012, ch. 251, § 1; P.L. 2012, ch. 263, § 1.)