The bill H. 3090 aims to amend the South Carolina Code of Laws by adding Section 44-130-65, which establishes civil and criminal penalties for individuals who refuse treatment after being administered an opioid antidote following an overdose from fentanyl or another opioid. Specifically, if a person who has overdosed and received an antidote refuses further treatment and is later found to be under the influence of opioids, they may face a civil fine of $500, along with any applicable court costs and fees.

Additionally, the bill provides an alternative to the civil fine, allowing the court to mandate that the individual complete an assessment with an approved provider from the Department of Alcohol and Other Drug Abuse Services (DAODAS) and follow any treatment recommendations. Failure to pay the civil fine or complete the required assessment and treatment could result in the individual being charged with a misdemeanor, which may carry a potential imprisonment of up to ninety days at the court's discretion. The act will take effect upon the Governor's approval.

Statutes affected:
12/05/2024: 44-130-65
Latest Version: 44-130-65
12/06/2024: 44-130-65