Senate passes Good Samaritan Act, House takes it up on Tuesday


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Good Samaritan 173“We applaud, and are deeply grateful to, the Senate for its quick action today in making the reinstatement of the [Good Samaritan Overdose Prevention Act of 2016] the legislative priority of the first week,” said Steve DeToy of the Rhode Island Medical Society, Rebecca McGoldrick of Protect Families First and Steven Brown of the ACLU of Rhode Island in a joint statement.

“Reinstating this law will save lives, and is an essential step in addressing the dire overdose epidemic Rhode Island is grappling with. Furthermore, it is a step in the right direction of how we should address drug use and addiction. For too long we have made it the task of the criminal justice system to address these issues, and this approach has been costly, ineffective, and destructive. It’s time that we handle drug use and addiction as a public health and medical issue and put saving lives above making arrests. The Good Samaritan bill makes major strides towards that goal by giving people in the community greater confidence that they will not be arrested if they seek medical care.

“In that regard, we are hopeful that in considering this legislation next week, the House will not only pass it speedily but will also consider expanding it to cover other drug-related offenses as well.”

The bill was introduced by Sen. Michael J. McCaffrey (D-Dist. 29, Warwick).”Identical legislation (2016-H 7003) submitted by Rep. Robert E. Craven (D-Dist. 32, North Kingstown) will be taken up by the House Judiciary Committee on Tuesday at the rise of the House in Room 101 says a General Assembly press release. The bill exempts “from liability any person who administers an opioid antagonist to another person to prevent a drug overdose. It would further provide immunity from certain drug charges and for related violations of probation and/or parole for those persons who in good faith, seek medical assistance for a person experiencing a drug overdose.”

Governor Gina Raimondo is expected to sign the bill and also issued a statement. “The Good Samaritan Overdose Prevention Act of 2016 is an important tool to combat this public health crisis. Rhode Island’s response to the overdose crisis must first and foremost be focused on saving lives. I applaud the General Assembly for their action to encourage Rhode Islanders to call 911 in an overdose emergency.”

When Speaker Nicholas Mattiello abruptly ended the legislative session last year the Good Samaritan law was one of the most important and vital pieces of legislation not to pass. The original bill had a sunset clause, but has been so successful in saving lives its reinstatement was considered a given. Activists were shocked, lives were put at risk.

Mattiello considered having a special Fall legislative session to discuss the PawSox deal, truck tolls and the Good Samaritan Act, but that Fall session never came to pass.

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RI Medical Society Backs ACLU Marijuana Lawsuit


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It’s not just the biggest backers of civil liberties in the state that are decrying the administrative changes to the Rhode Island’s medical marijuana law, the state’s medical society is now calling foul too.

The ACLU has filed a lawsuit against the Department of Health for administratively making it harder for patients to obtain medicinal marijuana by stripping nurse practitioners and physicians assistants from being able to recommend medical cannabis. And today, the Rhode Island Medical Society has joined the lawsuit as a plaintiff, according to a press release from the ACLU.

Here’s the press release:

Adding more weight to the seriousness of the issues involved in the case, the Rhode Island Medical Society (RIMS) has joined as a plaintiff in the ACLU lawsuit filed earlier this week, challenging the state Department of Health (DOH) for making it more difficult for patients with debilitating medical conditions to participate in the state’s medical marijuana program.

The suit challenges a new DOH policy that no longer allows registered nurse practitioners and physician assistants to certify that a patient has a debilitating medical condition that qualifies him or her for participation in the medical marijuana program. Under the new policy, only certifications signed by physicians are accepted. The new policy was implemented without any public notice or input, and was applied to deny applications that had been pending for months. It reversed a contrary policy that had been in effect for over six years.

The original plaintiffs in the suit, filed by RI ACLU volunteer attorney John Dineen, were the Rhode Island Patient Advocacy Coalition, the Rhode Island Academy of Physician Assistants, and Peter Nunes, Sr., an individual whose application to participate in the medical marijuana program was denied by the DOH under the new policy. The ACLU and the plaintiffs argue that the new restriction on the number of medical professionals who can make certifications has serious consequences for some patients. The lawsuit raises both procedural and substantive issues with the policy.

Steven R. DeToy, Director of Public and Government Affairs for RIMS, said today: “Patients know that medical offices are busy places, and the last thing we want to do is impede the workflow in those offices, which is the only practical effect the Health Department’s rule would have. Patients’ time with their doctor is precious, as we all know. Doctors need to be able to delegate to other members of the health care team so as to have more time with patients. Physician Assistants and nurse practitioners are critical members of the health care delivery team in many doctors’ offices. This arbitrary change by the Department of Health cannot go unchallenged.”