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Posted inLegislation / News / Wyoming

 Immunity for Drug Overdose Reporting Voted on in House Committee

At the Feb. 19 House Labor, Health, and Social Services Committee meeting, Senate File 74 (SF0074) was discussed and voted on. SF0074, Immunity for Drug Overdose Reporting, is a bill focused on providing immunity to those seeking medical assistance in the event of a drug overdose. 

Chair of Wyoming Naloxone Project and committee member responsible for drafting the bill, Dr. Angela Farrand noted an amendment from the senate that allowed for total immunity for the first call. If the same person were to call a second time within the 12 months of the first call there would at the very least result in court-mandated treatment. The goal of this amendment is to reduce the chance of immunity being abused. 

“There is a provision that you would have to get into treatment, which there’s a lot of different logistics that weren’t discussed,” Dr. Farrand spoke on the second emergency call stipulation. 

Concerns were raised by committee members such as how enforcement and reporting would be conducted in addition to which agencies would be responsible for such tasks. Another concern with the amendment was how it would apply to an individual who may not be actively using but is in a situation where they may need to call more than once within a year. 

“I do believe that this [amendment] is specific to the person overdosing and not necessarily the person calling, but it also gives an additional layer of protection for that person calling just so they feel comfortable enough if there is paraphernalia present to call,” Dr. Farrand clarified. 

Wyoming Association of Sheriffs and Chiefs of Police Executive Director Allen Thompson shared his law enforcement perspective of SF0074. “Our membership understands the intent of this [bill] and we’d like to say that this seems to be codifying what law enforcement is already doing,” Executive Director Thomspon said. “What we want is to make sure that people are treated quickly and specifically to what known substance might be in their system, and it is imperative that we have someone on scene to help relay that information to EMS and hospital staff.”

Executive Thompson answered questions from the committee members stating that the bill would only provide immunity from the misdemeanors of possession and use of a controlled substance, but would not provide immunity to felonies tied to controlled substances, such as possession in large amounts. This would ensure that lives could be saved rather than focusing on minor drug crimes, while also allowing law enforcement to investigate and combat drug issues in larger situations. 

On behalf of ASUW and the students of the University of Wyoming, ASUW Director of Governmental and Community Affairs Sophia Gomelsky spoke on SF0074 and the Do Pass recommendation from ASUW.  “We really strongly believe that this legislation will encourage individuals to seek help during emergency situations without the fear of legal repercussions,” Director Gomelsky said. “…[By] providing protections for the people that need it most and acting in good faith, we can save lives and reduce preventable harm, and hopefully promote a stronger culture of care and safety in Wyoming.”

Following discussion and testimonies, a roll call vote was held. The committee recommended a do pass with Representatives Clouston, Guggenmos, Hoeft, Mccann, Ottman, Rodriguez-Williams, Wasserburger, and Yin voting in favor. Representative Styvar was excused from the vote.

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