Senate
File
410
S-3055
Amend
Senate
File
410
as
follows:
1
1.
By
striking
page
1,
line
13,
through
page
3,
2
line
1,
and
inserting:
3
<
Sec.
___.
NEW
SECTION
.
124.417
Persons
seeking
4
medical
assistance
for
drug-related
overdose.
5
1.
As
used
in
this
section,
unless
the
context
6
otherwise
requires:
7
a.
“Drug-related
overdose”
means
a
condition
of
a
8
person
for
which
each
of
the
following
is
true:
9
(1)
The
person
is
in
need
of
medical
assistance.
10
(2)
The
person
displays
symptoms
including
but
not
11
limited
to
extreme
physical
illness,
pinpoint
pupils,
12
decreased
level
of
consciousness
including
coma,
or
13
respiratory
depression.
14
(3)
The
person’s
condition
is
the
result
of,
or
15
a
prudent
layperson
would
reasonably
believe
such
16
condition
to
be
the
result
of,
the
consumption
or
use
17
of
a
controlled
substance.
18
b.
“Overdose
patient”
means
a
person
who
is,
or
19
would
reasonably
be
perceived
to
be,
suffering
a
20
drug-related
overdose.
21
c.
“Overdose
reporter”
means
a
person
who
seeks
22
medical
assistance
for
an
overdose
patient.
23
d.
“Protected
information”
means
information
or
24
evidence
collected
or
derived
as
a
result
of
any
of
the
25
following:
26
(1)
An
overdose
patient’s
good-faith
actions
27
to
seek
medical
assistance
while
experiencing
a
28
drug-related
overdose.
29
(2)
An
overdose
reporter’s
good-faith
actions
30
to
seek
medical
assistance
for
an
overdose
patient
31
experiencing
a
drug-related
overdose
if
all
of
the
32
following
are
true:
33
(a)
The
overdose
patient
is
in
need
of
medical
34
assistance
for
an
immediate
health
or
safety
concern.
35
(b)
The
overdose
reporter
is
the
first
person
to
36
seek
medical
assistance
for
the
overdose
patient.
37
(c)
The
overdose
reporter
provides
the
overdose
38
reporter’s
name
and
contact
information
to
medical
or
39
law
enforcement
personnel.
40
(d)
The
overdose
reporter
remains
on
the
scene
41
until
assistance
arrives
or
is
provided.
42
(e)
The
overdose
reporter
cooperates
with
law
43
enforcement
and
medical
personnel.
44
2.
Protected
information
shall
not
be
considered
45
to
support
probable
cause
and
shall
not
be
admissible
46
as
evidence
against
an
overdose
patient
or
overdose
47
reporter
for
any
of
the
following
offenses:
48
a.
Violation
of
section
124.401,
subsection
1.
49
b.
Possession
of
a
controlled
substance
under
50
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SF410.1029
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86
jh/nh
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2
#1.
section
124.401,
subsection
5.
1
c.
Violation
of
section
124.407.
2
d.
Violation
of
section
124.414.
3
3.
A
person’s
pretrial
release,
probation,
4
supervised
release,
or
parole
shall
not
be
revoked
5
based
on
protected
information.
6
4.
Notwithstanding
any
other
provision
of
law
to
7
the
contrary,
the
act
of
providing
first
aid
or
other
8
medical
assistance
to
someone
who
is
experiencing
a
9
drug-related
overdose
may
be
considered
by
a
court
as
a
10
mitigating
factor
in
a
criminal
prosecution.
11
5.
This
section
shall
not
be
construed
to
limit
the
12
use
or
admissibility
of
any
evidence
in
a
criminal
case
13
other
than
as
provided
in
subsection
2.
>
14
______________________________
CHRIS
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