BILL REQ. #: H-0554.1
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/29/09. Referred to Committee on Public Safety & Emergency Preparedness.
AN ACT Relating to drug-related overdose prevention and treatment; and adding new sections to chapter 69.50 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) A person who, in good faith, seeks
medical assistance for someone experiencing a drug-related overdose
shall not be charged or prosecuted for possession of a controlled
substance pursuant to RCW 69.50.4013 if the evidence for the charge of
possession of a controlled substance was gained as a result of seeking
medical assistance.
(2) A person who experiences a drug-related overdose and is in need
of medical assistance shall not be charged or prosecuted for possession
of a controlled substance pursuant to RCW 69.50.4013 if the evidence
for the charge of possession of a controlled substance was gained as a
result of the overdose and the need for medical assistance.
(3) A good faith act of seeking medical assistance for someone who
is experiencing a drug-related overdose may be used as a mitigating
factor in a criminal prosecution under this chapter.
NEW SECTION. Sec. 2 (1) The administering, dispensing,
prescribing, purchasing, acquisition, possession, or use of naloxone
shall not constitute unprofessional conduct under chapter 18.130 RCW,
or be in violation with any provisions under this chapter or any other
chapter of this state, by any practitioner or person, if the
unprofessional conduct or violation results from a good faith effort to
assist:
(a) A person experiencing, or likely to experience, an
opiate-related overdose; or
(b) A family member, friend, or other person in a position to
assist a person experiencing, or likely to experience, an
opiate-related overdose.
(2) Any person acting in good faith may receive a naloxone
prescription, possess naloxone, and administer naloxone to an
individual suffering from an apparent opiate-related overdose.
NEW SECTION. Sec. 3 Sections 1 and 2 of this act are each added
to chapter