State grants immunity in overdoses

By The Daily Evergreen Staff

A new Washington law went into effect last week that aims to save lives in situations involving drug overdoses.

The “911 Good Samaritan” law, which took effect on June 10, provides immunity from criminal drug charges to people who seek medical attention in the case of an overdose.

The law encourages people to call for help when it is needed by removing the fear of police involvement or criminal sanctions. Immunity is granted to both the overdose victim and the person calling for help.

According to a press release issued by the Washington State Office of the Attorney General, nearly 800 people died from a drug overdose in 2008 in Washington — more than two per day on average.

Lawmakers hope the new law will reduce the number of drug overdoses, which is the leading cause of accidental death in Washington. According to the press release, overdoses account for more deaths than traffic accidents, falls and firearms.

“If people are aware that they can call 911 to report an overdose without fear of arrest on drug possession charges, lives will be spared,” John Gahagan said in a press release, who is a board member of the Science and Management of Addictions Foundation and parent of an overdose victim. “Fewer families will have to endure the devastating loss that my family still experiences every day.” The law also expands access to a powerful antidote called naloxone, which counters the effects of an opiate overdose moments after it is administered.

The law does not apply to situations involving outstanding warrants, probation or parole violations, drug manufacture or delivery, controlled substance homicides, or crimes other than drug possession.

The bill, SB 5516, was sponsored by Sen. Rosa Franklin, D-South Tacoma, and passed during the 2010 legislative session. Rep. Roger Goodman, D -Kirkland, sponsored a similar bill in the House.

WSU formed its own “Good Samaritan” policy last year under the advocacy of former ASWSU President Derick En’Wezoh.

ASWSU Vice President Josh Meyer said the guideline encourages students to make responsible decisions by seeking medical assistance for individuals who are dangerously intoxicated by removing fear of disciplinary action from the university’s Office of Student Conduct. However, under the guideline, students could still have been subject to legal repercussions from local law enforcement.

“We take a strong stance on supporting this policy,” he said. “We at ASWSU support student safety above student punishment.” Patricia Maarhuis, coordinator of WSU’s Alcohol and Drug Counseling, Assessment, and Prevention Services, said students often hesitate to call when a friend is too intoxicated because they do not want to get in trouble with the university, which could jeopardize their ability to get scholarships, participate in sports or retain a membership with a fraternity or sorority.

“It’s kind of a moral dilemma,” she said. “So they may hesitate to call an ambulance when one is really needed. If the world were perfect, students wouldn’t hesitate.” Under WSU’s “Good Samaritan” policy, students or student organizations could actually face reckless endangerment charges for not calling for help when it is needed.

Maarhuis said the symptoms of an overdose include unresponsiveness, pale skin, vomiting, stumbling or falling, shallow breathing and a bluish color around the lips and fingernails.

“If you suspect that someone you know if having an overdose, there’s no reason to delay,” Attorney General Rob McKenna said in the press release. “Call 911 immediately.”

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