House approves limited-immunity overdose-reporting bill after amendment

Representative Carol Spackman Moss introduced House Bill 11, a measure designed to reduce barriers to calling for emergency help when someone is experiencing a drug overdose by providing a limited immunity (an affirmative defense) to the caller under specified conditions.

Moss told colleagues the bill responds to an overdose epidemic she said is a leading cause of accidental death, noting "502 deaths this past year" and that "75 percent of those happened to be legal drugs," often prescription medications obtained illegally. She said the measure is patterned on similar Good Samaritan/Overdose Protection laws passed in other states and seeks to encourage callers to summon medical help rather than hesitate for fear of prosecution.

During debate, Moss moved Amendment #1 (dated 01/27/2014) to clarify the definition of how a controlled substance may be introduced into the body: the amendment inserts the terms "injection, inhalation, or other introduction into the human body of a controlled substance" in multiple places where the bill originally used the term "ingestion." The House adopted the amendment by voice vote after Moss explained the clarifying language.

Several members spoke in support while raising implementation concerns. Representative Green said he generally supported the policy but warned the bill's requirement that a person provide personal identification (line cited during debate) could deter people from calling, because they fear being placed "on the police department's radar." Moss responded that the identification element aids responding officers and the legal process, and said trainings would emphasize that arrests should not occur when the law is followed. Representative Lisonbee urged consideration of an anonymous-tip model (citing Colorado's "Safe to Tell") to increase reporting, and Representative Cunningham described a recent family loss that informed her support while urging care to avoid "guilty by association" in enforcement.

Representative Moss said the bill had received support in drafting and review from the Statewide Prosecutors Association, the Utah Substance Abuse Advisory Council, and the Sentencing Commission. After final discussion, the House opened voting; House Bill 11 received 68 "Yea" votes and 0 "Nay" votes and passed. The bill will be transmitted to the Senate for its consideration.

The sponsor said trainings and further guidance to law enforcement will be part of implementation discussions; no specific implementing rules or effective dates were specified in the House floor record.