"Unfortunately, stigma is still high in the Legislature when it comes to treating drug addiction as a health issue. Coleman has filed similar legislation in previous sessions that did not get traction. In response, lawmakers have filed other bills to crack down on the opioid epidemic, including ones that would require warning labels on prescription opioid medication, limit opioid prescriptions for acute pain to a seven-day supply and increase access for law enforcement to naloxone, a medication that reverses the effects of an opioid overdose. The Texas Good Samaritan Law states, “a person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency”. Across the country, a number of states have Good Samaritan laws in place—legislation designed to protect people who call 911 on behalf of an overdose victim or assist someone who is choking or not breathing. To encourage people to seek out medical attention for an overdose or for follow-up care after naloxone has been administered, 40 states and the District of Columbia have enacted some form of a Good Samaritan or 911 drug immunity law. © Gannett Co., Inc. 2020. "Most people don't want to break the law," Coleman said. Greg Abbott vetoed similar legislation in 2015 despite it receiving widespread support in the House and Senate. "Obviously, the governor’s office will be a hurdle," she said. Too often, the people who step in to save a life end up sued by the person they saved or arrested by law enforcement when they are found to be under the influence or in possession … There, immunity is provided only once to the caller and the victim. More than half of the states in the U.S. have enacted “9-1-1 Good Samaritan” laws, which shield people from criminal liability for minor drug possession if they go, or take someone, to a hospital or another medical facility because of an overdose. Current Overdose-Related Protections in Texas Underage Drinking Good Samaritan Law – Alcoholic Beverage Code, Sec. Opponents of the legislation have said that handing out syringes to drug users encourages drug abuse. Read more. A third bill, HB 746, filed by Rep. Toni Rose, D-Dallas, would create syringe exchange pilot programs strictly in Bexar, Dallas, Harris and Travis counties. Texas Good Samaritan Law. "We are hopeful that Texas can adopt this best practice that has such diverse and bipartisan support," Watson said. He said at the time that the legislation had "an admirable goal" but "did not include adequate protections to prevent its misuse by habitual drug users and drug dealers.". Texas protects its citizens through The Texas Good Samaritan Act. Forty states and the District of Colombia have Good Samaritan laws on the books — some that go so far as to offer immunity from arrest for drug users who call to report overdoses and others that are stricter and offer only a defense at the time of prosecution. 5 The act became law on May 4, 2017, and applies to all controlled substances or illegal drugs. There, immunity is provided only once to the caller and the victim. Austin American-Statesman ~ 305 S Congress Ave, Austin, TX 78704 ~ Do Not Sell My Personal Information ~ Cookie Policy ~ Do Not Sell My Personal Information ~ Privacy Policy ~ Terms Of Service ~ Your California Privacy Rights / Privacy Policy, Your California Privacy Rights / Privacy Policy. However, "underground" programs like the Austin Harm Reduction Coalition have operated for years in the state despite being technically illegal. Watson is attempting to remedy that problem with updated language in his bill that would tighten rules about when and how often drug users charged with crimes would be able to use the defense. The recent conclusion of the 86th Texas Legislature means that, for at least two more years, Texas will remain one of the few states without a ‘Good Samaritan law’ providing basic legal protection from low-level drug offenses to 9-1-1 callers requesting emergency assistance for a suspected overdose… Bexar County, which includes San Antonio, is the only region in Texas that has a lawful syringe exchange pilot program because of local government support and a portion of a 2007 Texas health care funding bill that allowed for its creation. h�bbd```b``v�����+X�
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The laws also do not appear to increase the number of drug users, the data show. "Those who are still addicted are going to find a way to get high, and that’s going to be heroin. Persons not licensed in the healing arts who in good faith administer emergency care as emergency medical service personnel are not liable in civil damages for an act performed in administering the care unless the act is willfully or wantonly negligent. The bills would help cut down on disease infection, lawmakers say. Unfortunately, Texas does not have a Good Samaritan Law related to opioid overdose. Many first responders to overdose do not call 911 for fear of arrest. So-called Good Samaritan provisions already exist in 24 states and Washington, D.C. HB 225 passed the otherwise acrimonious Texas Senate 30-1. "We are definitely disappointed," she said. %%EOF
Unfortunately, Texas does not have a Good Samaritan Law related to opioid overdose. I do believe that has changed over time as more information has come out around opioid overdoses.". UNLICENSED MEDICAL PERSONNEL. NO GOOD SAMARITAN LAW. "I don’t know how many more people need to die before the governor realizes that people need to call 911 and prevent these overdoses.". endstream
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In a nutshell, this law protects those who act in good faith to help others from facing a lawsuit if something were to go wrong while rendering aid. 991 0 obj
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The Urban Survivors Union is a national drug users union mobilizing against the war on drugs. It passed the Texas House 140-4. ���4�����5c��h��` "��Ɗ n`���8���n
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`T��d�Jv;�x�0�0�10D�N`�d=��|����e~&�� ���������6. Digital access or digital and print delivery. Drug users would be able to obtain clean syringes or trade used ones for new ones, which research shows has been effective at reducing new cases of hepatitis C and HIV, both of which are on the rise in Texas, according to the Department of State Health Services. People would not be able to use the defense more than once or if they had previously been convicted of a drug-related offense, he said.
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Many of the increases are related to methamphetamine and opioid use. "I think it’s very important that we move through these bills and try to make sure that we are protecting people’s health so they can kick drugs without dying from some other disease or continue to pass diseases on to other individuals.". 106.04(e), 106.05(e) • Minor does not commit an offense of In 2017, nearly 3,000 people in Texas died of drug overdoses, up 4 percent from 2016, according to data from the U.S. Centers for Disease Control and Prevention. NATIONAL DRUG USER ORGANIZING. Many first responders to overdose do not call 911 for fear of arrest. Read more. In the Cedar Rapids case, the woman had called 911 to report an overdose earlier that week, and knew that doing so again would likely lead to her arrest. One bill, SB 2205, filed by Sen. José Rodríguez, D-El Paso, would make syringe exchange programs legal throughout the state. "This encourages individuals present at an overdose to call for help and save a life — a significant step in helping Texas to address this serious problem," Watson said. Police often look the other way because of these programs’ benefits. NO GOOD SAMARITAN LAW. Immunity for Calling 911 or Seeking Emergency Medical Assistance – Good Samaritan Laws. Still, harm reduction advocates say the legislation would be a step in the right direction. "Sometimes that’s what it takes, the baby step and getting some evidence, having law enforcement and the court system kind of see how it plays out and that some of their unfounded fears may not be coming true, which could open the possibility of having a stronger Good Samaritan (law) in the future," Graziani said. 0
Cate Graziani, who is advocating for harm reduction bills on behalf of the newly formed Texas Harm Reduction Alliance, said that despite bipartisan support for the Good Samaritan legislation, it will face some scrutiny. Original content available for non-commercial use under a Creative Commons license, except where noted. It would be allowed only for specific drug offenses and only for the lowest amounts of controlled or illegal substances punishable by law, Watson said. However, according to the CDC, people who use syringe services programs are five times as likely to enter substance abuse treatment and are more likely to stop injecting drugs.
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