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FAQ
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Washington State's New "911 Good Samaritan"
Law
A. As long as you seek medical help in good faith, you still receive
immunity from charges that you were in possession of drugs. However,
if you are the person who gave the victim the drugs that caused the
overdose, you can be charged with controlled substances homicide.
In that case, if you are charged and found guilty, the fact that you
sought medical help can be used by the judge as a basis for giving you
a sentence that is shorter than the standard range that would otherwise
apply.
A. The immunity applies to any good faith effort to seek medical help, whether that is calling 911, taking the overdose victim to an Emergency Room, or running to get your neighbor who is a doctor. Remember, though, that the key to saving a life from overdose is to get professional medical help the fastest way possible.
Q. Does this apply to substances that are "controlled"
specifically for youth, such as alcohol? i.e., will a minor be
cited for possession if they call 911 due to a likely alcohol overdose
at a party?
A.
"Controlled substance" has a specific legal definition, contained in Washington's Uniform Controlled Substances Act, that does not include alcohol. Please see RCW 69.50.101(d)
The 911 Good Samaritan law as currently written provides youth who are in possession of controlled substances without a prescription immunity from charges for that crime (RCW 69.50.4013), if they seek medical assistance for someone "experiencing a drug-related overdose." It does not apply to minors in possession of alcohol, RCW 66.44.270(2)(a).
Many colleges and universities have medical amnesty policies in place regarding underage drinking.
See also: Facts and FAQs about Narcan.
(Washington Dept. of Health)
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