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 <-drug 
11overdose response use immunity <-from 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.

1(2) The person was the first person to seek medical
2assistance for the person experiencing the overdose.

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

4(4) The person remained with the person needing medical
5assistance until emergency health care providers arrived and the
6need for his presence ended.

7(b) This section shall not apply if any of the following
8occur:

9(1) The person provided the drugs which were taken by the
10individual experiencing the overdose.

11(2) A criminal charge can be filed relating to the
12manufacture of or possession with the intent to manufacture
13controlled substances.

14(3) A criminal charge can be filed relating to delivery or
15possession with intent to deliver a controlled substance.

<-16Section 13.7. Drug Overdose Response Use Immunity.--(a) The
17following evidence may not be admitted against a defendant in a
18probation or parole violation hearing or prosecution based on a
19violation of section 13(a)(5), (16), (19), (31), (32), (33) or
20(37) arising out of the events described in this section:

21(1) A statement made by the defendant reporting a drug
22overdose event to a law enforcement officer, the 911 system, a
23campus security officer or emergency services personnel, based
24on a reasonable belief that another person was in need of
25immediate medical attention to prevent death or serious bodily
26injury due to a drug overdose.

27(2) Evidence discovered by law enforcement solely from the
28fact that the defendant transported a person experiencing a drug
29overdose event to a law enforcement agency, a campus security
30office or a health care facility.

1(3) Evidence derived directly from a statement described
2under paragraph (1) or an event described under paragraph (2).

3(b) The limit on admissibility under subsection (a)(1) shall
4apply only if:

5(1) when making the report, the defendant provided his or
6her own name and location and cooperated with the law
7enforcement officer, 911 system, campus security officer or
8emergency services personnel; and

9(2) the defendant remained with the person needing immediate
10medical attention until a law enforcement officer, a campus
11security officer or emergency services personnel arrived.

12(c) A limit on admissibility of evidence described under
13this section shall also apply to the person who suffered the
14drug overdose event if all of the requirements of subsection (a)
15(1) or (2) are satisfied.

16(d) This section shall not prohibit the admissibility of
17evidence derived independently from sources other than those
18described under subsection (a)(1), (2) or (3).

19(e) A patient's condition shall be deemed to be a drug
20overdose event if a prudent layperson, possessing an average
21knowledge of medicine and health, would reasonably believe that
22the condition is in fact a drug overdose and requires immediate
23medical attention.

24(f) As used in this section, the following words and phrases
25shall have the meanings given to them in this subsection unless
26the context clearly indicates otherwise:

27"911 system" means a system, including enhanced 911 service
28and a wireless E-911 system, that permits a person dialing 911
29by telephone to be connected to a public safety answering point,
30via normal telephone facilities, for the reporting of police,

1fire, medical or other emergency situations.

2"Campus security officer" means an employe of an institution
3of higher education charged with maintaining the safety and
4security of the property of the institution and the persons on
5the property.

6"Drug overdose event" means an acute medical condition, such
7as severe physical illness, coma, mania, hysteria or death,
8which is the result of consumption or use of a controlled
9substance causing an adverse reaction.

10"Emergency services personnel" means an individual, including
11a trained volunteer or a member of the armed forces of the
12United States or the National Guard, whose official or assigned
13responsibilities include performing or directly supporting the
14performance of emergency medical and rescue services or
15firefighting.

16"Law enforcement officer" includes the following:

17(1) A person who by virtue of the person's office or public
18employment is vested by law with a duty to maintain public order
19or to make arrests for offenses, whether the duty extends to all
20offenses or is limited to specific offenses.

21(2) A person on active State duty under 51 Pa.C.S. § 508
22(relating to active duty for emergency).

23Section 2. This act shall take effect in 60 days.

 

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