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words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 422
BY SENATORS BROOME AND DORSEY-COLOMB
AN ACT1
To enact R.S. 14:403.9 through 403.11, relative to immunity for certain actions; to provide2
immunity from prosecution for emergency assistance involving alcohol consumption3
and drug overdoses; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:403.9 through 403.11 are hereby enacted to read as follows: 6
§403.9. Alcohol consumption; emergency assistance and cooperation; immunity7
A. A peace officer shall not take a person into custody based solely on8
the commission of an offense involving alcohol described in Subsection B of this9
Section if the peace officer, after making a reasonable determination and10
considering the facts and surrounding circumstances, reasonably believes that11
all of the following apply:12
(1) The law enforcement officer has contact with the person because the13
person acting in good faith requested emergency medical assistance for an14
individual who reasonably appeared to be in need of medical assistance due to15
alcohol consumption and the person did not illegally provide alcohol to the16
individual.17
(2) The person:18
(a) Provided his full name and any other relevant information requested19
by the peace officer.20
(b) Remained at the scene with the individual who reasonably appeared21
to be in need of medical assistance due to alcohol consumption until emergency22
medical assistance arrived.23
(c) Cooperated with emergency medical assistance personnel and peace24
ACT No. 392 SB NO. 422 ENROLLED
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officers at the scene.1
B. A person who meets the criteria of Subsection A of this Section shall2
be immune from criminal prosecution for any offense related solely to the3
possession and consumption of alcohol.4
C. A person shall not initiate or maintain an action against a peace5
officer or the employing state agency or political subdivision based on the6
officer's compliance or failure to comply with this Section.7
D. For the purposes of this Section, "peace officer" shall have the same8
meaning as defined in R.S. 14:112.1.9
§403.10. Drug-related overdoses; medical assistance; immunity from10
prosecution11
A. A person acting in good faith who seeks medical assistance for an12
individual experiencing a drug-related overdose may not be charged,13
prosecuted, or penalized for possession of a controlled dangerous substance14
under the Uniform Controlled Dangerous Substances Law if the evidence for15
possession of a controlled dangerous substance was obtained as a result of the16
person's seeking medical assistance, unless the person illegally provided or17
administered a controlled dangerous substance to the individual.18
B. A person who experiences a drug-related overdose and is in need of19
medical assistance shall not be charged, prosecuted, or penalized for possession20
of a controlled dangerous substance under the Uniform Controlled Dangerous21
Substances Law if the evidence for possession of a controlled substance was22
obtained as a result of the overdose and the need for medical assistance.23
C. Protection in this Section from prosecution for possession offenses24
under the Uniform Controlled Dangerous Substances Law may not be grounds25
for suppression of evidence in other criminal prosecutions.26
§403.11. Administration of opiate antagonists; immunity27
A. First responders shall have the authority to administer, without28
prescription, opiate antagonists when encountering an individual exhibiting29
signs of an opiate overdose.30 SB NO. 422 ENROLLED
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B. For the purposes of this Section, a first responder shall include all of1
the following:2
(1) A law enforcement official.3
(2) An emergency medical technician.4
(3) A firefighter.5
(4) Medical personnel at secondary schools and institutions of higher6
education.7
C.(1) Before administering an opioid antagonist pursuant to this Section,8
a first responder shall complete the training necessary to safely and properly9
administer an opioid antagonist to individuals who are undergoing or who are10
believed to be undergoing an opioid-related drug overdose. The training, at a11
minimum, shall cover all of the following:12
(a) Techniques on how to recognize symptoms of an opioid-related13
overdose.14
(b) Standards and procedures for the storage and administration of an15
opioid antagonist.16
(c) Emergency follow-up procedures.17
(2) Any first responder administering an opiate antagonist in a manner18
consistent with addressing opiate overdose shall not be liable for any civil19
damages as a result of any act or omission in rendering such care or services or20
as a result of any act or failure to act to provide or arrange for further medical21
treatment or care for the person involved in said emergency, unless the damage22
or injury was caused by willful or wanton misconduct or gross negligence.23
D. The deputy secretary of public safety services of the Department of24
Public Safety and Corrections shall develop and promulgate, in accordance with25
the Administrative Procedure Act, a set of best practices for use by a fire26
department or law enforcement agency in the administration and enforcement27
of this Section including but not limited to the training necessary to safely and28
properly administer an opioid antagonist to individuals who are undergoing or29
who are believed to be undergoing an opioid-related drug overdose, the30 SB NO. 422 ENROLLED
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standards and procedures for the storage and administration of an opioid1
antagonist, and emergency follow-up procedures.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: