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HOUSE DOCKET, NO. 2469 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1743
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
John H. Rogers
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to police use of epinephrine autoinjectors.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:John H. Rogers12th Norfolk1/19/2023 1 of 2
HOUSE DOCKET, NO. 2469 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1743
By Representative Rogers of Norwood, a petition (accompanied by bill, House, No. 1743) of
John H. Rogers relative to police use of epinephrine autoinjectors. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1857 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to police use of epinephrine autoinjectors.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 94C of the General Laws is hereby amended by inserting, after section 34A, the
2following section:-
3 Section 34B. (a) A police officer who, in good faith, seeks medical assistance for
4someone experiencing an anaphylactic reaction shall not be charged or prosecuted for possession
5of a controlled substance under sections 34 or 35 if the evidence for the charge of possession of a
6controlled substance was gained as a result of the seeking of medical assistance.
7 (b) A person who experiences an anaphylactic reaction and is in need of medical
8assistance and, in good faith, seeks such medical assistance, or is the subject of such a good faith
9request for medical assistance, shall not be charged or prosecuted for possession of a controlled 2 of 2
10substance under said sections 34 or 35 if the evidence for the charge of possession of a controlled
11substance was gained as a result of the anaphylactic reaction and the need for medical assistance.
12 (c) The act of seeking medical assistance for someone who is experiencing an
13anaphylactic reaction may be used as a mitigating factor in a criminal prosecution under the
14Controlled Substance Act,1970 P.L. 91–513, 21 U.S.C. section 801, et seq.
15 (d) Nothing contained in this section shall prevent anyone from being charged with
16trafficking, distribution or possession of a controlled substance with intent to distribute.
17 (e) A police officer acting in good faith may receive an epinephrine autoinjector, possess
18an epinephrine autoinjector and administer an epinephrine autoinjector to an individual
19appearing to experience an anaphylactic reaction, and provided further that no police office shall
20be liable in a civil suit for damages as a result of any acts or omissions in providing or obtaining,
21or attempting to provide or obtain, such assistance unless such acts or omissions constitute
22willful, wanton or reckless conduct.