2015 New Hampshire Revised Statutes
Title XXX - OCCUPATIONS AND PROFESSIONS
Chapter 318-B - CONTROLLED DRUG ACT
Section 318-B:28-b - Immunity From Liability.

NH Rev Stat § 318-B:28-b (2015) What's This?


[RSA 318-B:28-b repealed by 2015, 218:4, effective September 1, 2018.]
    318-B:28-b Immunity From Liability. –
    I. As used in this section:
       (a) "Drug overdose'' means an acute condition resulting from or believed to be resulting from the use of a controlled drug which a layperson would reasonably believe requires medical assistance.
       (b) "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.
       (c) "Requests medical assistance'' shall include a request for medical assistance as well as providing care to someone who is experiencing a drug overdose while awaiting the arrival of medical assistance to aid the overdose victim.
    II. It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose. A person who in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318:B-2, if the evidence for the charge was gained as a proximate result of the request for medical assistance.
    III. It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person who is experiencing a drug overdose, in good faith and in a timely manner, requests medical assistance for himself or herself. A person who in good faith requests, or is the subject of a good faith request for medical assistance, shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318-B:2, if the evidence for the charge was gained as a proximate result of the request for medical assistance.
    IV. (a) Nothing in this section shall be construed to limit the admissibility of evidence in connection with the investigation or prosecution of a crime involving a person who is not protected as provided in paragraphs II or III.
       (b) Nothing in this section shall be construed to limit the lawful seizure of any evidence or contraband.
       (c) Nothing in this section shall be construed to limit or abridge the authority of a law enforcement officer to detain or place into custody a person as part of a criminal investigation, or to arrest a person for an offense not protected by the provisions of paragraphs II or III.
    V. No later than January 1, 2016, the commissioner of the department of health and human services shall develop and make available on the department's public Internet website, information for the public explaining the meaning and applicability of the provisions of this section.

Source. 2015, 218:2, eff. Sept. 6, 2015.


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