AN ACT

 

1Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2"An act relating to the manufacture, sale and possession of
3controlled substances, other drugs, devices and cosmetics;
4conferring powers on the courts and the secretary and
5Department of Health, and a newly created Pennsylvania Drug,
6Device and Cosmetic Board; establishing schedules of
7controlled substances; providing penalties; requiring
8registration of persons engaged in the drug trade and for the
9revocation or suspension of certain licenses and
10registrations; and repealing an act," providing for immunity
11from prosecution.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. The act of April 14, 1972 (P.L.233, No.64), known
15as The Controlled Substance, Drug, Device and Cosmetic Act, is
16amended by adding a section to read:

17Section 13.6. Immunity from Prosecution.--(a) A person
18shall be immune from prosecution for a violation of this act if
19the person can establish all of the following:

20(1) The person reasonably believed he or she was witnessing
21another person experience a drug-related overdose.

22(2) The person was the first person to seek medical

1assistance for the person experiencing the overdose.

2(3) The person provided his own name to emergency personnel.

3(4) The person remained with the person needing medical
4assistance until emergency health care providers arrived and the
5need for his presence ended.

6(b) This section shall not apply if any of the following
7occur:

8(1) The person provided the drugs which were taken by the
9individual experiencing the overdose.

10(2) A criminal charge can be filed relating to the
11manufacture of or possession with the intent to manufacture
12controlled substances.

13(3) A criminal charge can be filed relating to delivery or
14possession with intent to deliver a controlled substance.

15Section 2. This act shall take effect in 60 days.