§ 780-113.7. Drug overdose response immunity
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: December 1, 2014
Effective: December 1, 2014
35 P.S. § 780-113.7
§ 780-113.7. Drug overdose response immunity
(i) the person reported, in good faith, a drug overdose event to a law enforcement officer, the 911 system, a campus security officer or emergency services personnel and the report was made on the reasonable belief that another person was in need of immediate medical attention and was necessary to prevent death or serious bodily injury due to a drug overdose;
(b) The prohibition on charging or prosecuting a person as described in subsection (a) bars charging or prosecuting a person for probation and parole violations and for violations of section 13(a)(5), (16), (19), (31), (32), (33) and (37).1
(e) In addition to any other applicable immunity or limitation on civil liability, a law enforcement officer or prosecuting attorney who, acting in good faith, charges a person who is thereafter determined to be entitled to immunity under this section shall not be subject to civil liability for the filing of the charges.
“911 system.” A system, including enhanced 911 service and a wireless E-911 system, that permits a person dialing 911 by telephone to be connected to a public safety answering point, via normal telephone facilities, for the reporting of police, fire, medical or other emergency situations.
“Campus security officer.” An employee of an institution of higher education charged with maintaining the safety and security of the property of the institution and the persons on the property.
“Drug overdose event.” An acute medical condition, including, but not limited to, severe physical illness, coma, mania, hysteria or death, which is the result of consumption or use of one or more controlled substances causing an adverse reaction. A patient's condition shall be deemed to be a drug overdose if a prudent layperson, possessing an average knowledge of medicine and health, would reasonably believe that the condition is in fact a drug overdose and requires immediate medical attention.
“Emergency services personnel.” Individuals, including a trained volunteer or a member of the armed forces of the United States or the National Guard, whose official or assigned responsibilities include performing or directly supporting the performance of emergency medical and rescue services or firefighting.
“Law enforcement officer.” A person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or a person on active State duty under 51 Pa.C.S. § 508 (relating to active duty for emergency).
Credits
1972, April 14, P.L. 233, No. 64, § 13.7, added 2014, Sept. 30, P.L. 2487, No. 139, § 1, effective in 60 days [Dec. 1, 2014].
Footnotes
35 P.S. § 780-113.
35 P.S. § 780-113.7, PA ST 35 P.S. § 780-113.7
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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