1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1740 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to substance abuse services; amending
7 63 O.S. 2021, Sections 1-2506.1 and 1-2506.2, as
8 amended by Section 1, Chapter 74, O.S.L. 2023 (63
8 O.S. Supp. 2023, Section 1-2506.2), which relate to
9 administration of opioid antagonists; defining terms;
9 making certain terminology uniform; clarifying
10 applicability of certain liability protections;
10 amending 76 O.S. 2021, Section 5, which relates to
11 the Good Samaritan Act; broadening applicability of
11 certain liability protections; defining term;
12 updating statutory language and references; making
12 language gender neutral; and declaring an emergency.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-2506.1, is
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17 amended to read as follows:
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18 Section 1-2506.1. A. As used in this section:
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19 1. “Certified alcohol and drug counselor” means any person who
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20 is not exempt pursuant to the provisions of Section 1872 of Title 59
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21 of the Oklahoma Statutes and is not licensed under the Licensed
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22 Alcohol and Drug Counselors Act, but who provides alcohol and drug
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23 counseling services within the scope of practice while employed by
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24 an entity certified by the Department of Mental Health and Substance
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 1 Abuse Services, or who is exempt from such certification, or who is
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2 under the supervision of a person recognized by the Oklahoma Board
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3 of Licensed Alcohol and Drug Counselors as a supervisor. A
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4 certified alcohol and drug counselor may provide counseling services
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5 for co-occurring disorders if he or she has been certified by the
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6 Board to provide counseling as provided in this section for co-
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7 occurring disorders;
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8 2. “Emergency opioid antagonist” means a drug including, but
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9 not limited to, naloxone that blocks the effects of opioids and that
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10 is approved by the United States Food and Drug Administration for
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11 the treatment of an opioid overdose;
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12 3. “Licensed alcohol and drug counselor” means any person who
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13 provides alcohol and drug counseling services within the scope of
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14 practice, including co-occurring disorders, for compensation to any
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15 person and is licensed pursuant to the provisions of the Licensed
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16 Alcohol and Drug Counselors Act. The term “licensed alcohol and
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17 drug counselor” licensed alcohol and drug counselor shall not
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18 include those professions exempted by Section 1872 of Title 59 of
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19 the Oklahoma Statutes; and
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20 3. 4. “Medical personnel at schools” means a certified school
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21 nurse or any other nurse employed by or under contract with a
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22 school, any licensed practitioner of the healing arts, or any person
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23 designated by the school administration to administer an opiate
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24 emergency opioid antagonist in the event of a suspected overdose
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 1 pursuant to Section 2 of this act Section 1210.242 of Title 70 of
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2 the Oklahoma Statutes.
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3 B. First responders shall have the authority to administer,
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4 without prescription, opiate emergency opioid antagonists when
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5 encountering an individual exhibiting signs of an opiate opioid
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6 overdose.
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7 C. First responders may provide, without prescription, opiate
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8 emergency opioid antagonists to individuals who have experienced or
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9 witnessed an opiate opioid overdose for use by those individuals at
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10 a later date.
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11 D. For the purposes of this provision section, a first
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12 responder shall include:
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13 1. Law enforcement officials;
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14 2. Emergency medical technicians;
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15 3. Firefighters;
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16 4. Medical personnel at schools including any public or charter
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17 schools, technology center schools and institutions of higher
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18 education;
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19 5. Forensic laboratory personnel of the Oklahoma State Bureau
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20 of Investigation as designated by the Executive Director;
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21 6. Personnel of the Department of Corrections or of any entity
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22 that contracts with the Department of Corrections to provide housing
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23 or services for inmates of the Department of Corrections; and
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 1 7. Certified alcohol and drug counselors and licensed alcohol
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2 and drug counselors.
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3 E. Any first responder administering or providing an opiate
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4 antagonist who administers or provides an emergency opioid
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5 antagonist in good faith and in a manner consistent with addressing
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6 opiate opioid overdose shall be covered under the Good Samaritan Act
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7 not be liable for any civil damages as a result of any acts or
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8 omissions by such first responder except for committing gross
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9 negligence or willful wanton wrongs in administering or providing
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10 such emergency opioid antagonist.
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11 SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-2506.2, as
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12 amended by Section 1, Chapter 74, O.S.L. 2023 (63 O.S. Supp. 2023,
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13 Section 1-2506.2), is amended to read as follows:
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14 Section 1-2506.2. A. As used in this section, “emergency
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15 opioid antagonist” means a drug including, but not limited to,
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16 naloxone that blocks the effects of opioids and that is approved by
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17 the United States Food and Drug Administration for the treatment of
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18 an opioid overdose.
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19 B. Upon request, a provider may prescribe an emergency opioid
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20 antagonist to an individual for use by that individual when
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21 encountering a family member exhibiting signs of an opioid overdose.
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22 B. C. When an emergency opioid antagonist is prescribed in
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23 accordance with subsection A subsection B of this section, the
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24 provider shall provide:
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 1 1. Information on how to spot symptoms of an overdose;
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2 2. Instruction in basic resuscitation techniques;
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3 3. Instruction on proper emergency opioid antagonist
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4 administration; and
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5 4. The importance of calling nine-one-one (911) 9-1-1 for help.
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6 C. D. Any family member administering an who administers an
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7 emergency opioid antagonist in good faith and in a manner consistent
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8 with addressing opioid overdose shall be covered under the Good
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9 Samaritan Act not be liable for any civil damages as a result of any
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10 acts or omissions by such family member in administering such
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11 emergency opioid antagonist.
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12 D. E. Any provider prescribing or administering who prescribes
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13 or administers an opioid antagonist in good faith and in a manner
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14 consistent with addressing opioid overdose shall be covered under
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15 the Good Samaritan Act not be liable for any civil damages as a
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16 result of any acts or omissions by such provider except for
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17 committing gross negligence or willful wanton wrongs in prescribing
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18 or administering such emergency opioid antagonist.
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19 SECTION 3. AMENDATORY 76 O.S. 2021, Section 5, is
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20 amended to read as follows:
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21 Section 5. (a) A. Everyone is responsible, not only for the
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22 result of his or her willful acts, but also for an injury occasioned
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23 to another by his or her want of ordinary care or skill in the
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24 management of his or her property or person, except so far as the
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 1 latter has, willfully or by want of ordinary care, brought the
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2 injury upon himself or herself, and except as hereinafter provided.
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3 (1) 1. Where no prior contractual relationship exists, any
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4 person licensed to practice any method of treatment of human
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5 ailments, disease, pain, injury, deformity, mental or physical
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6 condition, or licensed to render services ancillary thereto,
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7 including licensed registered and practical nurses, who, under
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8 emergency circumstances that suggest the giving of aid is the only
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9 alternative to probable death or serious bodily injury, in good
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10 faith, voluntarily and without compensation, renders or attempts to
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11 render emergency care to an injured person or any person who is in
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12 need of immediate medical aid, wherever required, shall not be
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13 liable for damages as a result of any acts or omissions except for
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14 committing gross negligence or willful or wanton wrongs in rendering
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15 the emergency care.
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16 (2) 2. Where no prior contractual relationship exists, any
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17 person who in good faith renders or attempts to render emergency
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18 care consisting of artificial respiration, restoration of breathing,
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19 use of an emergency opioid antagonist to prevent opioid overdose, or
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20 preventing or retarding the loss of blood, or aiding or restoring
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21 heart action or circulation of blood to the victim or victims of an
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22 accident or emergency, wherever required, shall not be liable for
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23 any civil damages as a result of any acts or omissions by such
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24 person in rendering the emergency care. As used in this paragraph,
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 1 “emergency opioid antagonist” means a drug including, but not
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2 limited to, naloxone that blocks the effects of opioids and that is
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3 approved by the United States Food and Drug Administration for the
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4 treatment of an opioid overdose.
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5 (3) 3. Where no prior contractual relationship exists, any
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6 person licensed to perform surgery or dentistry in this state who in
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7 good faith renders emergency care requiring the performance of an
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8 operation or other form of surgery upon any individual who was the
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9 victim of an accidental act shall not be liable for any civil
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10 damages or subject to criminal prosecution as the result of
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11 nonconsent whereby such person renders or attempts to render the
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12 emergency surgery or operation voluntarily and without compensation,
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13 wherever required, except for gross negligence or willful or wanton
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14 wrongs committed in rendering the care; provided, however, that the
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15 exemption granted by this subsection shall not attach if the victim
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16 is an adult who is conscious and capable of giving or refusing his
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17 or her consent; or if the victim’s spouse, or parent, or guardian in
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18 the case of a minor or incompetent person, can be reached in a
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19 reasonable time considering the condition of the victim and
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20 consistent with good medical practice, and unless concurrence is
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21 obtained for such emergency surgery or operation from one other
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22 person licensed to perform surgery in this state.
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23 (4) 4. Where no contractual relationship exists, any person, or
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24 any member of his or her immediate family or household, who has been
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 1 approved by the local P.T.A. or other local sponsoring agency or
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2 organization, who has registered with the local municipal police
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3 chief or the county sheriff, and who has been granted appropriate
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4 authorization by either the police chief or the county sheriff to
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5 indicate by sign in the window of his or her home or in any other
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6 tangible or identifiable manner that he or she will extend aid and
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7 refuge to persons on the streets in apparent danger, or in need of
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8 aid, by inviting those persons into the person’s home, or onto
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9 premises thereof, and in good faith provides such refuge or aid
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10 without objection of the endangered or needy person, whether child
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11 or adult, neither the person extending the aid and refuge nor the
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12 homeowner or head of household shall be liable for civil damages as
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13 a result of actions or omissions in rendering emergency physical
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14 care to the body of the aided person; nor shall they be liable for
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15 civil damages for any other injury in the home, or on premises
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16 thereof, to the person aided, nor for any failure to provide or
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17 arrange for his or her police protection or other protection or
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18 medical treatment, when the actions or omissions were those of an
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19 ordinarily reasonably prudent person under the circumstances without
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20 want of ordinary care or skill.
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21 (b) B. This act section shall be known and may be cited as the
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22 “Good Samaritan Act.”.
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23 SECTION 4. It being immediately necessary for the preservation
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24 of the public peace, health or safety, an emergency is hereby
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 1 declared to exist, by reason whereof this act shall take effect and
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2 be in full force from and after its passage and approval.
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4 59-2-3397 DC 1/17/2024 10:24:28 AM
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