Chapter 4.47
GOOD SAMARITAN CODE
Sections:
4.47.040 Immunity from liability for certain types of medical care.
4.47.050 Medical assistance for drug-related overdoses – Prosecution for possession.
4.47.060 Opioid overdose medication.
4.47.010 Scope.
This chapter shall be known as the Good Samaritan Code. The Good Samaritan Code provides limitations on personal liability on the Confederated Tribes of the Chehalis Reservation when an individual is rendering emergency care to prevent the overdose of opioids. [Res. 2019-99.]
4.47.020 Jurisdiction.
The Good Samaritan Code shall apply on the Confederated Tribes of the Chehalis Reservation and all lands under the jurisdiction of the Tribe pursuant to CTC 3.05.050 and 4.05.030.
The Chehalis Tribal Court shall have exclusive jurisdiction to hear matters under this chapter. [Res. 2019-99.]
4.47.030 Definitions.
For purposes of this chapter, the following terms have the following meanings unless the context clearly requires otherwise:
“Authorized member of the Department of Public Safety” means any member of the Department of Public Safety who has been authorized to carry opioid overdose medication by the Chief of Police or in his or her absence, the appointed designee.
“Compensation” has its ordinary meaning but does not include: nominal payments, reimbursement for expense or pension benefits; payments made to volunteer part-time and volunteer on-call personnel of fire departments, fire districts, or any emergency response organizations; or any payment to a person employed as a transit operator who is paid for his or her regular work, which work does not routinely include providing emergency care or emergency transportation.
“Emergency care” means care, first aid, treatment, or assistance rendered to the injured person in need of immediate medical attention and includes providing or arranging for further medical treatment or care for the injured person. Except with respect to the injured person or persons being transported for further medical treatment or care, the immunity does not apply to the negligent operation of any motor vehicle.
“First responder” means: (1) a career or volunteer fire fighter, law enforcement officer, paramedic or first responder or emergency medical technician; and (2) an entity that employs or supervises an individual listed in this subsection, including a volunteer fire department.
“Medical practitioner” means a health care practitioner who is authorized to prescribe legend drugs, including but not limited to doctors and licensed nurses.
“Opioid overdose medication” means any drug used to reverse an opioid overdose that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors. It does not include intentional administration via the intravenous route, unless administered by a licensed paramedic, emergency medical technician or other qualified medical practitioner.
“Opioid-related overdose” means a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death that:
1. Results from the consumption or use of an opioid or another substance with which an opioid was combined; or
2. A lay person would reasonably believe to be an opioid-related overdose requiring medical assistance.
“Scene of an emergency” means the scene of an accident or other sudden or unexpected event or combination of circumstances which calls for immediate action.
“Standing order” or “protocol” means written or electronically recorded instruction, prepared by a prescriber, for distribution and administration of a drug by designated and trained staff or volunteers of an organization or entity, as well as other actions and interventions to be used upon occurrence or clearly defined clinical events in order to improve patients’ timely access to treatment. [Res. 2019-99.]
4.47.040 Immunity from liability for certain types of medical care.
A. Any person, including but not limited to a volunteer provider of emergency or medical services, who without compensation or expectation of compensation renders emergency care at the scene of an emergency or who participates in transporting, not for compensation, an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering emergency care during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care is excluded from the protection of this subsection.
B. Any health care provider licensed by either the Chehalis Tribe and/or the State of Washington who provides health care services at a community health care setting is not liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
C. For purpose of subsection B of this section, “community health care setting” means an entity that provides health care services and is a clinic or other medical facility operated by the Chehalis Tribal Government. [Res. 2019-99.]
4.47.050 Medical assistance for drug-related overdoses – Prosecution for possession.
A. A person acting in good faith who seeks medical assistance for someone experiencing a drug-related overdose shall not be charged, prosecuted, or penalized under the Chehalis Tribal Codes for possession of a controlled substance, if the evidence for the charge of possession of a controlled substance was obtained as a result of a person seeking medical assistance for a person experiencing a drug-related overdose.
B. A person who experiences a drug-related overdose and is in need of medical assistance shall not be charged or prosecuted under the Chehalis Tribal Codes for possession of a controlled substance or penalized, if the evidence for the charge of possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance.
C. The protection in this section from prosecution for possession crimes shall not be grounds for suppression of evidence in other criminal charges. [Res. 2019-99.]
4.47.060 Opioid overdose medication.
A. 1. A medical practitioner may prescribe, dispense, distribute, and/or deliver an opioid overdose medication:
a. Directly to a person at risk of experiencing an opioid-related overdose; or
b. By collaborative drug therapy agreement, standing order, or protocol to a first responder, family member or other person or entity in a position to assist a person at risk of experiencing an opioid-related overdose; provided, that any such prescription or protocol order is issued for a legitimate medical purpose in the usual course of professional services and practice.
2. At the time of prescribing, dispensing, distributing or delivering the opioid overdose medication, the practitioner shall inform the recipient that as soon as possible after administration of the opioid overdose medication, the person at risk of experiencing an opioid-related overdose should be transported to a hospital, or a first responder should be summoned.
B. A pharmacist may dispense an opioid overdose medication pursuant to a prescription issued in accordance with this section and may administer an opioid overdose medication to a person at risk of experiencing an opioid-related overdose. At the time of dispensing an opioid overdose medication, a pharmacist shall provide written instructions on the proper response to an opioid-related overdose, including instructions for seeking immediate medical attention. The instructions to seek immediate medical attention must be displayed clearly and conspicuously.
C. An authorized member of the Department of Public Safety of the Chehalis Tribe may lawfully possess, store, deliver, distribute or administer an opioid overdose medication.
D. Any person or entity may lawfully possess, store, deliver, distribute or administer an opioid overdose medication either pursuant to a prescription or order issued by a practitioner or first responder in accordance with this section or after having received the opioid overdose medication from an authorized source.
E. The following individuals, if acting in good faith and with reasonable care, are not subject to criminal or civil liability or disciplinary action for any actions authorized by this section or the outcomes of any actions authorized by this section:
1. A medical practitioner who prescribes, dispenses, distributes or delivers an opioid overdose medication pursuant to subsection A of this section;
2. A pharmacist at the Chehalis Tribe’s Wellness Center who dispenses an opioid overdose medication pursuant to subsection B of this section;
3. An authorized member of the Department of Public Safety of the Tribe;
4. A person who possesses, stores, distributes or administers an opioid overdose medication pursuant to subsection D of this section. [Res. 2019-99.]