General Assembly passes, governor signs new 'Good Samaritan' Act

Posted 1/27/16

PROVIDENCE — Both chambers of the Rhode Island General Assembly passed the "Good Samaritan Overdose Prevention Act" last night, Jan. 26, and Governor Gina Raimondo signed it into law the next day.

The State House of Representatives …

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General Assembly passes, governor signs new 'Good Samaritan' Act

Posted

PROVIDENCE — Both chambers of the Rhode Island General Assembly passed the "Good Samaritan Overdose Prevention Act" last night, Jan. 26, and Governor Gina Raimondo signed it into law the next day.

The State House of Representatives approved the Senate version of the bill (2016-S 2002) introduced by Sen. Michael J. McCaffrey (D-Dist. 29, Warwick). The Senate likewise approved the House version (2016-H 7003) submitted by Rep. Robert E. Craven (D-Dist. 32, North Kingstown), known to residents locally as one of East Providence's assistant city solicitors.

The Good Samaritan Overdose Prevention Act of 2016 would exempt from liability any person who administers an opioid antagonist, such as Naloxone, to another person to prevent a drug overdose in an emergency situation. It would further provide immunity from certain drug charges and for related violations of probation and/or parole for those persons who in good faith, seek medical assistance for a person experiencing an overdose. Naloxone, commonly known as "Narcan," is available over the counter at pharmacies.

The new act replaces the previous "Good Samaritan" legislation, the 2012 law which went without renewal when the General Assembly adjourned last July.

"Drug overdose is a public health crisis that cuts across every community in Rhode Island," said Gov. Raimondo. "I applaud the General Assembly for passing these bills quickly. Their focus reflects my top priority on this issue: Save lives. By removing barriers to contacting emergency services during overdose situations, this law is an important part of our efforts to reduce opioid overdose deaths and help more people make it in Rhode Island."

Gov. Raimondo plans to work with the General Assembly to secure funding for overdose prevention, addiction treatment and recovery support, and Medicaid funding to support and expand peer recovery coach programs.

At the bill signing, Gov. Raimondo also announced that the State will direct more than $40,000 in Google settlement funds to be used by the Rhode Island State Police and local police departments to purchase and distribute Naloxone in the communities hardest hit by drug overdose.

The bill, which is backed by public health advocates as a tool to combat the region’s opioid overdose epidemic, is meant to remove barriers that might stand in the way of someone calling 911 to help an overdosing person.

“First and foremost, we’re concerned with saving lives. If someone knows that calling 911 is probably going to result in their going to jail, they’re going to be very hesitant to do it. Nobody benefits from that situation,” said Sen. McCaffrey, chairman of the Senate Judiciary Committee. “The enforcement of drug laws matters, but for real public safety, saving lives has to come first. No one should be afraid to make a phone call to save a life.”

Rep. Craven echoed that sentiment, adding, “Saving a life is much more important than a drug arrest. Ultimately, nothing should ever discourage someone from trying to provide assistance to someone who is dying.”

In supporting the legislation, Maria Montanaro, director of the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals, said Rhode Island had more opioid deaths per capita last year than any state in the country.

"To save lives, seeking help in a medical emergency has to be the priority," said Ms. Montanaro "We deeply appreciate the swift passage of the Good Samaritan law and commend the General Assembly members and the many community advocates who contributed to advancing this legislation. This law is an essential component of the great work happening in Rhode Island to address substance use disorders and reduce overdose deaths, and we look forward to building on these efforts through the work of the Governor's Overdose Task Force."

From a law enforcement perspective, East Providence Police Chief Christopher Parella said it was a positive step for his and other departments across the state, though he did note it was unfortunate the initial "Good Samaritan" law was able to expire without renewal last year.

East Providence is one of several cities around the state, which has been besieged by marked increases in heroin overdoes, especially, over the last 12 months. Many of those ODs, however, have gone unreported since the previous incarnation of the law elapsed.

"I'm very, very pleased," Chief Parella explained. "I was disappointed they (the Assembly) didn't do it concurrently during the last session. But now that it has been restored, it will certainly help us because it really does save lives. Because people have been reluctant to call police when they know of an overdose. We've seen it in the last year. But now instead of being scared of being arrested, hopefully they'll make that call. Because at the end of the day, it's all about saving lives whether it's from a law enforcement standpoint or a treatment standpoint."

The ACLU of Rhode Island, which backed the legislation, issued the following statement on the passage of Good Samaritan bill: “We thank the House for moving to reinstate the Good Samaritan law. Today’s approval of this life-saving legislation puts the state on track to address drug use and addiction through treatment rather than criminal punishment.

"It is now critical that the House and Senate each promptly approve the opposite chamber’s identical version of this bill so it can be sent to the Governor and signed into law as soon as possible. The reinstated Good Samaritan law will save lives and reassure Rhode Islanders that their state values saving a life over making an arrest. We look forward to its speedy passage, and hope to work with lawmakers to expand its protections later this session.”

— With reports from the General Assembly Legislative Press Bureau

Good Samaritan Act, Rhode Island

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