S154 - Clarifying the Good Samaritan Law (SL 2015-94)

Overview: S.L. 2015-94 does the following:

• Imposes additional statutory requirements that must be met before a person can receive immunity from criminal prosecution when seeking medical attention for someone suffering from a drug- or alcohol- related overdose.
• Prohibits arresting a person or revoking a person's pretrial release, probation, parole or post-release based on an offense for which that person is entitled to statutory immunity.
• Grants immunity from civil liability to law enforcement officers who, in good faith, arrest or charge persons later found to be entitled to statutory immunity.
• Provides that nothing in G.S. 90-96.2 bars admission of evidence of crimes by a person not entitled to immunity, limits seizure of evidence or contraband otherwise permitted by law, limits a law enforcement officer's authority to detain or take into custody a person during an arrest for or investigation of offenses other than those for which limited immunity is provided in G.S. 90-96.2, or limits a probation offer's authority to conduct drug testing on persons on pretrial release, probation, or parole.
• Amends the statutes governing the treatment of overdose with opioid antagonist to authorize pharmacists to dispense an opiate antagonist prescribed to a person at risk of experiencing an opiate-related overdose or to a family member, friend, or other person in a position to assist that person, and to grant pharmacists immunity from civil and criminal liability for dispensing an opiate antagonist pursuant to this authority.

This act became effective August 1, 2015, and applies to offenses committed on or after that date.