UNOFFICIAL COPY 23 RS BR 1321
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AN ACT relating to assistance with a drug overdose. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 218A.133 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Drug overdose" means an acute condition of physical illness, coma, mania, 5
hysteria, seizure, cardiac arrest, cessation of breathing, or death which 6
reasonably appears to be or is the result of consumption or use of a controlled 7
substance, or another substance with which a controlled substance was 8
combined[, and that a layperson would reasonably believe requires medical 9
assistance]; and 10
(b) "Good faith" does not include seeking medical assistance during the course of 11
the execution of an arrest warrant, or search warrant, or a lawful search. 12
(2) A person shall not be charged with or prosecuted for a criminal offense prohibiting 13
the possession of a controlled substance or the possession of drug paraphernalia if: 14
(a) In good faith, medical assistance with a drug overdose is sought from a public 15
safety answering point, emergency medical services, a law enforcement 16
officer, or a health practitioner because the person: 17
1. Requests emergency medical assistance for himself or herself or another 18
person; 19
2. Acts in concert with another person who requests emergency medical 20
assistance; or 21
3. Appears to be in need of emergency medical assistance and is the 22
individual for whom the request was made; 23
(b) The person remains with, or is, the individual who appears to be experiencing 24
a drug overdose until the requested assistance is provided; and 25
(c) The evidence for the charge or prosecution is obtained as a result of the drug 26
overdose and the need for medical assistance. 27 UNOFFICIAL COPY 23 RS BR 1321
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(3) The provisions of subsection (2) of this section shall not extend to the investigation 1
and prosecution of any other crimes committed by a person who otherwise qualifies 2
under this section. 3
(4) When contact information is available for the person who requested emergency 4
medical assistance, it shall be reported to the local health department. Health 5
department personnel shall make contact with the person who requested emergency 6
medical assistance in order to offer referrals regarding substance abuse treatment, if 7
appropriate. 8
(5) A law enforcement officer who makes an arrest in contravention of this section 9
shall not be criminally or civilly liable for false arrest or false imprisonment if the 10
arrest was based on probable cause. 11