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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MILLER, CREIGHTON, GEIST, GILLESPIE, GINGRICH, GRELL, HORNAMAN, MURT, PICKETT, PYLE, QUINN, RAPP AND ROSS, NOVEMBER 5, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 5, 2009 |
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| AN ACT |
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1 | Amending the act of April 14, 1972 (P.L.233, No.64), entitled |
2 | "An act relating to the manufacture, sale and possession of |
3 | controlled substances, other drugs, devices and cosmetics; |
4 | conferring powers on the courts and the secretary and |
5 | Department of Health, and a newly created Pennsylvania Drug, |
6 | Device and Cosmetic Board; establishing schedules of |
7 | controlled substances; providing penalties; requiring |
8 | registration of persons engaged in the drug trade and for the |
9 | revocation or suspension of certain licenses and |
10 | registrations; and repealing an act," providing for immunity |
11 | from prosecution. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. The act of April 14, 1972 (P.L.233, No.64), known |
15 | as The Controlled Substance, Drug, Device and Cosmetic Act, is |
16 | amended by adding a section to read: |
17 | Section 13.3. Immunity from Prosecution.--(a) A person |
18 | shall be immune from prosecution for a violation of this act if |
19 | the person can establish all of the following: |
20 | (1) The person reasonably believed he or she is witnessing a |
21 | drug-related overdose. |
22 | (2) The person was the first person to seek medical |
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1 | assistance for the person experiencing the overdose. |
2 | (3) The person provided his own name to emergency personnel. |
3 | (4) The person remained with the person needing medical |
4 | assistance until emergency health care providers arrived and the |
5 | need for his presence ended. |
6 | (b) This section shall not apply if any of the following |
7 | occur: |
8 | (1) The person provided the drugs which were taken by the |
9 | individual experiencing the overdose. |
10 | (2) A criminal charge can be filed relating to the |
11 | manufacture of or possession with the intent to manufacture |
12 | controlled substances. |
13 | (3) A criminal charge can be filed relating to delivery or |
14 | possession with intent to deliver a controlled substance. |
15 | Section 2. This act shall take effect in 60 days. |
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