Amendment #1 to H5443

Police Use of Epinephrine Autoinjectors

Mr. Rogers of Norwood moves to amend the bill by inserting after section 1 the following section:-

“SECTION 1A. Chapter 94C of the General Laws is hereby amended by inserting after section 34A the following section:-

Section 34B. (a) A person who, in good faith, seeks or obtains medical assistance for an individual experiencing an anaphylactic reaction shall not be charged or prosecuted for possession of a controlled substance under sections 34 or 35 if the evidence for such charge was gained as a result of the seeking or obtaining of medical assistance.

(b) A person experiencing an anaphylactic reaction and in need of medical assistance, who in good faith seeks or obtains such assistance, or who is the subject of a good faith request for medical assistance, shall not be charged or prosecuted for possession of a controlled substance under said sections 34 or 35 if the evidence for such charge was gained as a result of the anaphylactic reaction and need for medical assistance.

(c) The act of seeking or obtaining medical assistance for an individual experiencing anaphylaxis may be considered a mitigating factor in any criminal prosecution under this chapter.

(d) Nothing in this section shall prevent a person from being charged with trafficking, distribution or possession of a controlled substance with intent to distribute.

(e) A police officer acting in good faith may receive, possess and administer an epinephrine autoinjector to an individual reasonably believed to be experiencing an anaphylactic reaction; provided further, that no police officer shall be liable in a civil action for damages resulting from any act or omission in providing, obtaining or attempting to provide or obtain such assistance unless such act or omission constitutes gross negligence or willful or wanton misconduct.”.