1.1.................... moves to amend H.F. No. 2307, the second engrossment, as follows:
1.2Page 3, line 24, after the period, insert "
This subdivision does not apply if the
1.3licensed health care professional is acting during the course of regular employment and
1.4receiving compensation or expecting to receive compensation for those actions."
1.5Page 3, delete section 4 and insert:
1.6 "Sec. 4.
[604A.05] GOOD SAMARITAN OVERDOSE MEDICAL ASSISTANCE.
1.7 Subdivision 1. Person seeking medical assistance; immunity from prosecution.
1.8A person acting in good faith who seeks medical assistance for another person who is
1.9experiencing a drug overdose may not be arrested, charged, prosecuted, or penalized, or
1.10have that person's property subject to civil forfeiture for the possession, sharing, or use
1.11of a controlled substance or drug paraphernalia; or a violation of a condition of pretrial
1.12release, probation, furlough, supervised release, or parole. A person qualifies for the
1.13immunities provided in this subdivision only if: (1) the evidence for the arrest, charge,
1.14prosecution, seizure, or penalty was obtained as a result of the person's seeking medical
1.15assistance for another person; and (2) the person seeks medical assistance for another
1.16person who is in need of medical assistance for an immediate health or safety concern,
1.17provided that the person who seeks the medical assistance is the first person to seek the
1.18assistance, provides a name and contact information, remains on the scene until assistance
1.19arrives or is provided, and cooperates with the authorities.
1.20 Subd. 2. Person experiencing an overdose; immunity from prosecution. A
1.21person who experiences a drug overdose and is in need of medical assistance may not be
1.22arrested, charged, prosecuted, or penalized, or have that person's property subject to civil
1.23forfeiture for: (1) the possession of a controlled substance or drug paraphernalia; or (2)
1.24a violation of a condition of pretrial release, probation, furlough, supervised release, or
1.25parole. A person qualifies for the immunities provided in this subdivision only if the
1.26evidence for the arrest, charge, prosecution, seizure, or penalty was obtained as a result
1.27of the drug overdose and the need for medical assistance.
2.1 Subd. 3. Effect on other criminal prosecutions. (a) The immunity provisions of
2.2this section do not preclude prosecution of the person on the basis of evidence obtained
2.3from an independent source.
2.4(b) The act of providing first aid or other medical assistance to someone who is
2.5experiencing a drug overdose may be used as a mitigating factor in a criminal prosecution
2.6for which immunity is not provided.
2.7EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.8actions arising from incidents occurring on or after that date."
2.9Amend the title as follows:
2.10Page 1, line 2, delete "and alcohol"
2.11Correct the title numbers accordingly