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," further providing for
11enforcement provisions.

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

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

17Section 16. Enforcement Provisions.--The following
18guidelines shall be applicable in the enforcement of any
19penalties imposed by this act:

20* * *

21(5) (i) Except as set forth in subclause (ii), a person
22shall be immune from prosecution for a violation of this

1act if the person can establish:

2(A) The only way law enforcement became aware of
3the person's violation is that the person placed a
4911 call, or a call to campus safety, police or
5emergency services, in good faith, based upon a
6reasonable belief, and reported that another person
7was in need of immediate medical attention to prevent
8death or serious bodily injury.

9(B) The person reasonably believed he was the
10first person to make a 911 call, or a call to campus
11safety, police or emergency services, and report that
12a person needed immediate medical attention to
13prevent death or serious injury.

14(C) The person provided his own name to the 911
15operator or equivalent campus safety, police or
16emergency officer.

17(D) The person remained with the person needing
18medical assistance until emergency health care
19providers arrived and the need for the person's
20presence had ended.

21(ii) Immunity under this section shall not apply if any
22of the following apply:

23(A) The person provided the controlled substance
24which was taken by the other person needing immediate
25medical attention.

26(B) The person violated any of the provisions of
27this act related to the manufacture or possession
28with intent to manufacture a controlled substance.

29(C) The person violated any of the provisions of
30this act related to delivery or possession with

1intent to deliver a controlled substance.

2Section 2. The addition of section 16(5) of the act applies
3to offenses committed on or after the effective date of the
4section.

5Section 3. This act shall take effect in 60 days.