GOOD SAMARITAN LAW/NALOXONE ACCESS.

View NCGA Bill Details2013-2014 Session
Senate Bill 20 (Public) Filed Wednesday, January 30, 2013
A BILL ENTITLED AN ACT TO PROVIDE LIMITED IMMUNITY FROM PROSECUTION FOR (1) CERTAIN DRUG-RELATED OFFENSES COMMITTED BY AN INDIVIDUAL WHO SEEKS MEDICAL ASSISTANCE FOR A PERSON EXPERIENCING A DRUG-RELATED OVERDOSE AND (2) CERTAIN DRUG -RELATED OFFENSES COMMITTED BY AN INDIVIDUAL EXPERIENCING A DRUG-RELATED OVERDOSE AND IN NEED OF MEDICAL ASSISTANCE; TO PROVIDE IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR (1) PRACTITIONERS WHO PRESCRIBE AN OPIOID ANTAGONIST TO CERTAIN THIRD PARTIES AND (2) CERTAIN INDIVIDUALS WHO ADMINISTER AN OPIOID ANTAGONIST TO A PERSON EXPERIENCING A DRUG-RELATED OVERDOSE; AND TO PROVIDE LIMITED IMMUNITY FROM PROSECUTION FOR CERTAIN ALCOHOL-RELATED OFFENSES COMMITTED BY PERSONS UNDER THE AGE OF 21 WHO SEEK MEDICAL ASSISTANCE FOR ANOTHER PERSON.
Intro. by Bingham, Allran.

Status: Ch. SL 2013-23 (Senate Action) (Apr 9 2013)

SOG comments (1):

Long Title Change

House amendment to 2nd edition changes the long title. The original title was:

A BILL TO BE ENTITLED AN ACT TO PROVIDE LIMITED IMMUNITY FROM PROSECUTION FOR (1) CERTAIN DRUG-RELATED OFFENSES COMMITTED BY AN INDIVIDUAL WHO SEEKS MEDICAL ASSISTANCE FOR A PERSON EXPERIENCING A DRUG-RELATED OVERDOSE AND (2) CERTAIN DRUG-RELATED OFFENSES COMMITTED BY AN INDIVIDUAL EXPERIENCING A DRUG-RELATED OVERDOSE AND IN NEED OF MEDICAL ASSISTANCE; AND TO PROVIDE IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR (1) PRACTITIONERS WHO PRESCRIBE, DISPENSE, OR DISTRIBUTE AN OPIOID ANTAGONIST TO CERTAIN THIRD PARTIES AND (2) CERTAIN INDIVIDUALS WHO ADMINISTER AN OPIOID ANTAGONIST TO A PERSON EXPERIENCING A DRUG-RELATED OVERDOSE.

Bill History:

S 20/S.L. 2013-23

Bill Summaries:

  • Summary date: Apr 11 2013 - More information

    A BILL ENTITLED AN ACT TO PROVIDE LIMITED IMMUNITY FROM PROSECUTION FOR (1) CERTAIN DRUG-RELATED OFFENSES COMMITTED BY AN INDIVIDUAL WHO SEEKS MEDICAL ASSISTANCE FOR A PERSON EXPERIENCING A DRUG-RELATED OVERDOSE AND (2) CERTAIN DRUG -RELATED OFFENSES COMMITTED BY AN INDIVIDUAL EXPERIENCING A DRUG-RELATED OVERDOSE AND IN NEED OF MEDICAL ASSISTANCE; TO PROVIDE IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR (1) PRACTITIONERS WHO PRESCRIBE AN OPIOID ANTAGONIST TO CERTAIN THIRD PARTIES AND (2) CERTAIN INDIVIDUALS WHO ADMINISTER AN OPIOID ANTAGONIST TO A PERSON EXPERIENCING A DRUG-RELATED OVERDOSE; AND TO PROVIDE LIMITED IMMUNITY FROM PROSECUTION FOR CERTAIN ALCOHOL-RELATED OFFENSES COMMITTED BY PERSONS UNDER THE AGE OF 21 WHO SEEK MEDICAL ASSISTANCE FOR ANOTHER PERSON. Enacted April 9, 2013. Effective April 9, 2013.


  • Summary date: Mar 27 2013 - More information

    House amendment #1 makes the following changes to the 4th edition.

    Changes long title.

    Adds new section 3, enacting GS 18B-302.2 (Medical treatment; limited immunity), providing limited immunity for the prosecution of possession or consumption of alcoholic beverages for people under the age of 21 when the person was seeking medical assistance for another individual and that act was the sole reason law enforcement became aware of the violation. Immunity applies when the person acted in good faith, used his or her own name when contacting authorities, and remained with the individual needing medical assistance.

    House amendment #2 makes the following changes to the 4th edition.

    Deletes the language in GS 90-96.2 that states an individual cannot receive limited liability if he or she physically supplied the drugs.


  • Summary date: Mar 20 2013 - More information

    House committee substitute makes the following changes to the 3rd edition.

    Amends GS 90-96.2, adding language that states that a person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose, and who did not physcially supply the drugs to the person experiencing the drug-related overdose, shall not be prosecuted (previously, there was no language about the person helping the overdose victim having to not be the one who supplied the drugs) for specified offenses.

    Changes effective date of act; now becomes effective when the act becomes law (previously, there were different effective and application dates).


  • Summary date: Mar 5 2013 - More information

    Senate amendment makes the following changes to the 2nd edition.

    Amends GS 90-106.2 to no longer allow practitioners to dispense or distribute an opioid antagonist and no longer provide immunity from civil or criminal liability if they do dispense or distribute the antagonist. Makes conforming changes.

    Makes conforming changes to the long title.


  • Summary date: Mar 4 2013 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Amends GS 90-106.2 as follows.

    Adds language that permits a practitioner, that is prescribing, dispensing, or distributing an opioid antagonist, to require the receipt of a written communication that provides a factual basis for concluding that the person seeking the opiod antagnonist is at risk of an opiate-related overdose or that a person who is not at risk of experiencing the overdose but is seeking the opioid antagonist is a family member, friend, or other person and is in the position to help a person at risk of experiencing the opiate-related overdose.

    Adds language defining evidence of the use of reasonable care in administering an opioid antagnonist as the receipt of basic instruction and information on how to administer the opioid antagonist.

    Amends the act's effective date, changing it to apply new GS 90-96.2 to persons needing or seeking medical assistance on or after December 1, 2013, and GS 90-106.2 as becoming effective December 1, 2013 and applying to persons prescribing, dispensing, distributing, or administering an opioid antagonist on or after that date.


  • Summary date: Jan 30 2013 - More information

    Enacts new GS 90-96.2 to state that a person who seeks medical assistance for another person experiencing a drug-related overdose, as defined, will not be prosecuted for the listed violations if the evidence for prosecution was obtained due to seeking medical assistance. Also prohibits prosecution of a person experiencing an overdose who needs medical assistance, as specified. Enacts new GS 90-106.2 to provide immunity to practitioners who prescribe or distribute an opioid antagonist(which is used to treat a drug overdose), as defined, to certain persons, and to recipients who administer the opioid antagonist to another. Applies to offenses committed on or after December 1, 2013.


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