Tuesday, June 14, 2016
By Marc Kovac
COLUMBUS
Individuals who seek emergency medical assistance for themselves or other users for drug overdoses would not face criminal charges for possession, under state law changes set to take effect in about three months.
Gov. John Kasich added his signature Monday to House Bill 110 in a private ceremony at the Statehouse. The Ohio House and Senate finalized the bill last month before breaking for their summer recess.
“Our attitude on this is no one should have to second-guess doing the right thing,” said Rep. Denise Driehaus, a Cincinnati Democrat, a primary co-sponsor of the legislation. “And this bill offers the immunity not only to the person calling 9-1-1 but also to the person who is overdosing. Those individuals don’t have to worry about prosecution for using if we just save a life.”
The Good Samaritan language was added to HB 110, which initially focused on allowing increased penalties against those who flee accident scenes that cause serious injury or death.
The legislation is titled “Brandon’s Law,” in memory of a Guernsey County teen who was killed in a hit-and-run accident in 2013. Under current law, fleeing the scene of an accident that causes serious injury is considered a fifth-degree felony, while fleeing one that causes a death is a third-degree felony. HB 110 increases the penalties for those crimes to fourth- and second-degree felonies, respectively, provided perpetrators leave accident scenes knowing they have seriously hurt or killed another.
The Good Samaritan amendment will provide immunity from drug-possession charges for those who seek medical care for themselves or others experiencing drug overdoses.
There are some caveats, though – callers cannot be on probation and must complete behavioral health screenings and receive referrals for addiction treatment within 30 days, among other requirements. Additionally, immunity will be provided on the first two emergency-responder or treatment calls and not for subsequent incidents.