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Bill expanding immunity for calling in drug overdoses advances

South Dakota Capitol Building
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South Dakota Capitol Building

A House committee advanced a measure providing legal immunity for any person notifying law enforcement or emergency medical services about a drug overdose.

Current statute only offers protections if the person overdosing is the one who contacts authorities.

Proponents of the bill say it puts the focus on preserving the life of the individual instead of charging them.

Justin Bell is a registered lobbyist for the South Dakota State Medical Association. He said under existing law, a friend or onlooker might avoid calling 911 during an overdose over fear of legal repercussions.

“Would we rather have people pass away because people there don’t want to make a phone call because they don’t think that person would want them to do because they don’t want to get in trouble, would we have them die?” Bell asked. “I mean we would submit that the public health concerns are more important than a low-level, most in those situations a, misdemeaning offense.”

No opponents spoke against the bill. Rep. Erin Healy is the bill’s prime sponsor. She called HB 1183 a “Good Samaritan law.”

“The hope here is really straight forward: It’s to save lives and to encourage people to contact law enforcement and emergency services without hesitation or fear,” Healy said. “In moments of panic it can be really difficult to make sound decisions, especially when someone believes that calling for help could lead to legal trouble for the person that they are trying to save. This bill removes that fear.”

The bill advanced out of the House Judiciary Committee 11-1. It next heads to the House floor.

Jackson Dircks is a Freeburg, Illinois, native. He received a degree from Augustana University in English and Journalism. He started at SDPB as an intern before transitioning to a politics, business and everything in-between reporter based in Sioux Falls.

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