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A06869 Summary:

BILL NOA06869
 
SAME ASNo Same As
 
SPONSORGalef
 
COSPNSR
 
MLTSPNSR
 
Add §220.79, Pen L
 
Provides criminal liability for a person who fails to seek medical attention care for someone who he or she knows, or reasonably should have known, is experiencing a drug or alcohol overdose.
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A06869 Actions:

BILL NOA06869
 
04/13/2021referred to codes
01/05/2022referred to codes
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A06869 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6869
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 13, 2021
                                       ___________
 
        Introduced  by M. of A. GALEF -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the penal law,  in  relation  to  the  failure  to  seek
          medical attention for a drug or alcohol overdose
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is amended by adding a new section 220.79  to
     2  read as follows:
     3  § 220.79 Failure to seek medical attention for an overdose.
     4    1.  A  person  is  guilty  of failure to seek medical attention for an
     5  overdose when he or she witnesses a drug or alcohol overdose  and  fails
     6  to make a reasonable effort to seek health care for someone who is expe-
     7  riencing  a  drug  or alcohol overdose or other life threatening medical
     8  emergency.
     9    2. For the purposes of this section:
    10    (a) "Drug or alcohol overdose" or "overdose" means an acute  condition
    11  including,  but  not limited to, physical illness, coma, mania, hysteria
    12  or death, which is the result of consumption  or  use  of  a  controlled
    13  substance  or alcohol and relates to an adverse reaction to or the quan-
    14  tity of the controlled substance or alcohol or a  substance  with  which
    15  the  controlled  substance  or  alcohol  was  combined;  provided that a
    16  patient's condition shall be deemed to be a drug or alcohol overdose  if
    17  a  prudent  layperson,  possessing  an average knowledge of medicine and
    18  health, could reasonably believe that the condition is in fact a drug or
    19  alcohol overdose and (except as to death) requires health care.
    20    (b) "Health care" means the professional services provided to a person
    21  experiencing a drug or alcohol overdose by a  health  care  professional
    22  licensed, registered or certified under title eight of the education law
    23  or article thirty of the public health law who, acting within his or her
    24  lawful  scope of practice, may provide diagnosis, treatment or emergency
    25  services for a person experiencing a drug or alcohol overdose.
    26    Failure to seek medical attention for an overdose shall be a  class  B
    27  misdemeanor.
    28    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10451-03-1
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