Saturday, March 10, 2012

NY Law You Must Know About


NY Passes “Good Samaritan Law”:
Grants Legal Immunity for Saving a Life
By Andrew Nickel

In April of 2011, the New York State Legislature passed a law now known as the “Good Samaritan Law,” which grants legal protection to people who seek health care for someone who is experiencing a drug or alcohol overdose or other life threatening medical emergency. This progressive new legislation will protect thousands of New Yorkers who are not reported to emergency services out of fear of themselves or their friends being prosecuted for illegal substances.

What does this protect from exactly? If someone has an overdose or another life threatening emergency such as a heart attack, then the victim and the victim's friends are legally immune to being prosecuted for any drug possession, use, paraphernalia, and even underage alcohol use/possession, if they contact the authorities in order to save the victim's life. Drug trafficking charges are not protected by this law.

Say that again?! OK, lets tell it in a little story... (revisionist “Pulp Fiction”)

Vincent and Mia have come back from a night on the town. Mia is high on cocaine, and Vincent is carrying heroin in his jacket. Vincent returns from the bathroom to find that Mia has snorted his heroin, and is in a deathly state of overdose. Drugs are in sight everywhere as well as used paraphernalia. Vincent doesn't freak out, he calls 911. Cops and an ambulance arrive, and take Mia for treatment of overdose, saving her life. The police are clearly aware of the hard drugs, which would be an instant arrest and conviction for Mia and Vincent under any other circumstances. However, since Vincent called the authorities in order to save Mia's life, both Vincent and Mia cannot be arrested for anything.

Yep, that's right. The State now values life-saving over law enforcement. People no longer need to fear calling the authorities in a crisis situation for fear of being arrested or prosecuted. The law itself is worded strongly as well:

“A PERSON WHO, IN GOOD FAITH, SEEKS HEALTH CARE FOR SOMEONE WHO IS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE THREATENING MEDICAL EMERGENCY SHALL NOT BE CHARGED OR PROSECUTED FOR A CONTROLLED SUBSTANCE OFFENSE ... OR A MARIHUANA OFFENSE … OR CHARGED OR PROSECUTED FOR POSSESSION OF ALCOHOL BY A PERSON UNDER AGE TWENTY-ONE YEARS … OR FOR POSSESSION OF DRUG PARAPHERNALIA ...”
    • Excerpt from Bill Number S04454B

It's time for people who overdose to be treated as quickly by healthcare professionals as someone who calls 911 for chest pains. Spread the word about this law, it might end up saving the life of someone you know!


Posted by at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)