§ 4254. Reporting a drug overdose; immunity from liability
(a) As used in this section:
(1) “Drug overdose” means an acute condition resulting from or believed to be resulting
from the use of a regulated drug that a layperson would reasonably believe requires
medical assistance. For purposes of this section, “regulated drug” shall include alcohol.
(2) “Medical assistance” means professional services provided to a person experiencing
a drug overdose by a health care professional licensed, registered, or certified under
State law who, acting within his or her lawful scope of practice, may provide diagnosis,
treatment, or emergency services for a person experiencing a drug overdose.
(3) “Seeks medical assistance” shall include providing care to someone who is experiencing
a drug overdose while awaiting the arrival of medical assistance to aid the overdose
victim.
(b) A person who, in good faith and in a timely manner, seeks medical assistance for someone
who is experiencing a drug overdose shall not be cited, arrested, or prosecuted for
a violation of this chapter or cited, arrested, or prosecuted for procuring, possessing,
or consuming alcohol by someone under 21 years of age pursuant to 7 V.S.A. § 656 or for providing to or enabling consumption of alcohol by someone under 21 years
of age pursuant to 7 V.S.A. § 658(a)-(c).
(c) A person who is experiencing a drug overdose and, in good faith, seeks medical assistance
for himself or herself or is the subject of a good faith request for medical assistance
shall not be cited, arrested, or prosecuted for a violation of this chapter or cited,
arrested, or prosecuted for procuring, possessing, or consuming alcohol by someone
under 21 years of age pursuant to 7 V.S.A. § 656 or for providing to or enabling consumption of alcohol by someone under 21 years
of age pursuant to 7 V.S.A. § 658(a)-(c).
(d) A person who seeks medical assistance for a drug overdose or is the subject of a good
faith request for medical assistance pursuant to subsection (b) or (c) of this section
shall not be subject to any of the penalties for violation of 13 V.S.A. § 1030 (violation of a protection order), for a violation of this chapter or 7 V.S.A. § 656, for being at the scene of the drug overdose or for being within close proximity
to any person at the scene of the drug overdose.
(e) A person who seeks medical assistance for a drug overdose or is the subject of a good
faith request for medical assistance pursuant to subsection (b) or (c) of this section
shall not be subject to any sanction for a violation of a condition of pretrial release,
probation, furlough, or parole for a violation of this chapter or 7 V.S.A. § 656 for being at the scene of the drug overdose or for being within close proximity to
any person at the scene of the drug overdose.
(f) The act of seeking medical assistance for or by someone who is experiencing a drug
overdose shall be considered a mitigating circumstance at sentencing for a violation
of any other offense.
(g) The immunity provisions of this section apply only to the use and derivative use of
evidence gained as a proximate result of the person’s seeking medical assistance for
a drug overdose, being the subject of a good faith request for medical assistance,
being at the scene, or being within close proximity to any person at the scene of
the drug overdose for which medical assistance was sought and do not preclude prosecution
of the person on the basis of evidence obtained from an independent source.
(h) A person who seeks medical assistance for a drug overdose pursuant to subsection (b)
or (c) of this section shall not be subject to the provisions of subchapter 2 of this
chapter concerning property subject to forfeiture, except that prima facie contraband
shall be subject to forfeiture.
(i) Except in cases of reckless or intentional misconduct, law enforcement shall be immune
from liability for citing or arresting a person who is later determined to qualify
for immunity under this section.
(j) To encourage persons to seek medical assistance for someone who is experiencing an
overdose, the Department of Health, in partnership with entities that provide education,
outreach, and services regarding substance use disorder, shall engage in continuous
efforts to publicize the immunity protections provided in this section. (Added 2013, No. 71, § 2, eff. June 5, 2013; amended 2013, No. 195 (Adj. Sess.), § 17; 2017, No. 83, § 148; 2023, No. 178 (Adj. Sess.), § 7, eff. June 17, 2024; 2023, No. 125 (Adj. Sess.), § 19, eff. July 1, 2024.)