Immunity for overdose reporting passes Senate with treatment requirement

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CHEYENNE—A measure that would allow limited immunity for overdose reporting has passed the Wyoming Senate and is headed to the House for consideration.

On Tuesday, the Senate voted on third and final reading in favor of Senate File 74, “Immunity for drug overdose reporting.” The bill would offer immunity to anyone seeking medical assistance for themself or another person in an overdose incident.

Immunity from criminal prosecution would apply if the reporting person reasonably believed they or another person was experiencing a drug overdose, and if that person provided a description of the actual location of the drug overdose event. The reporting person must remain at the scene of the drug overdose until a responding law enforcement officer or emergency medical service provider arrives, and would be required to cooperate with the responding officer.

Twice, Sen. Lynn Hutchings, R-Cheyenne, tried to remove a provision of the bill offering immunity two times in one year. She wanted to change it to once a year. Her amendments failed both in committee and on the Senate floor. Advocates last week said that Wyoming is the last state to offer such immunity, adding that many states don’t limit the times someone can report at all.

On Monday, Sen. Barry Crago, R-Buffalo, offered an amendment on second reading, co-sponsored by Hutchings, that a person experiencing a drug overdose event “shall be eligible to receive immunity for a second time in a 12-month period … only upon the person completing, after the second qualifying drug overdose event, a drug treatment program approved by the applicable district attorney.”

“Last week, we talked about the, kind of, two ‘free passes’ built in this bill,” Crago said on the Senate floor. “This [amendment] is a compromise. It also addresses other issues, which is, does the bill address treatment for some of these folks that need help?”

Sen. Tara Nethercott, R-Cheyenne, asked if the amendment would actually require someone involved in a reporting incident to be charged with a crime.

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“Would this require, then, the person who is brought in for an overdose to then be charged with a crime in order for the district attorney or county attorney to have jurisdiction, or the kind of authority, to determine whether or not they are compliant with their drug treatment?” Nethercott asked.

She continued by asking if those covered by the amendment would have to complete a substance abuse evaluation to determine the level of treatment required, and she also asked who would pay for treatment.

“Do we have to charge that person? I don’t believe so,” Crago responded. “The county attorneys, the district attorneys have the ability to [order treatment]. It would be similar to diversion, where they are not charged up front.”

In other words, those involved would be charged if and after they fail to complete treatment.

“They would be subject to a charging document at that time,” Crago said.

Crago’s amendment passed on Monday. The bill will next head to the House for introduction.

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