Proponents laud new overdose amnesty law

A new law approved this week by Gov. David Ige is all about saving lives, Hawaii Island supporters say.

Act 217, known as a “Good Samaritan” law, provides limited immunity from criminal punishment for Hawaii residents who seek medical assistance for themselves or others experiencing a drug or alcohol overdose. It protects those who call 911 for assistance from being arrested for possession of drugs and drug paraphernalia, as well as violation of a restraining order, probation or parole.

Proponents of the measure, introduced by state Sen. Suzanne Chun Oakland, D-Oahu, said it was necessary to counteract the fear of arrest and prosecution that causes people “to hesitate from taking necessary action in such emergency situations,” the bill reads.

“Time spent worrying about legal consequences delays the arrival of critically needed medical assistance. Even a short delay can mean the difference between life and death.”

The average number of overdose-related deaths in Hawaii nearly doubled from 1999-2003, when the annual average was 78, to the period from 2009-2013, which saw an average of 151 deaths a year.

Hawaii Island saw the second-highest overdose death rate in the state between 2009 and 2013 — 11.5 deaths per 100,000 residents annually. That amounts to 22 deaths a year, making up 14 percent of the state total.

Maui had the highest death rate of 13.1 deaths per 100,000 residents.

The new law, which was one of two measures being considered by the Legislature, went into effect Tuesday after the governor’s signing. It includes a broad definition of the word “overdose,” considering it “a condition that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.”

That broad definition was an important one to make, according to Drug Policy Forum of Hawaii Executive Director Rafael Kennedy, because it helps “assure people who are in doubt about whether or not to seek medical assistance, that if they are wrong about the severity of an overdose, they will still get the immunity from prosecution afforded by these medical amnesty bills. This is especially important in the case of alcohol poisoning, where young people may be unsure whether their friends are in real danger,” according to testimony submitted for a February hearing. “It is in the best interest of public health that they err on the side of caution and seek help when in doubt.”

Testimony from the state Department of Health added the timing of the bill was right for Hawaii.

“Drug poisoning is a serious public health problem in Hawaii and across the nation. Based on Hawaii death certificate records, fatal drug poisonings among Hawaii residents have increased significantly over the last 20 years to make it the leading mechanism of fatal injuries, surpassing deaths from motor vehicle crashes and falls,” reads testimony provided for a March 4 hearing of the bill.

Further testimony from the Drug Policy Forum of Hawaii pointed out that as government tightens controls on prescription painkillers, overdoses from heroin and other illegal drugs increase.

In signing the new bill, Ige said it would “encourage bystanders who may otherwise hesitate to act. Overdose deaths are preventable, and this law will save lives.”

State Sen. Russell Ruderman, D-Puna, who co-sponsored the bill, said there wasn’t much debate about passing the law.

“Compassion for human life is more important that prosecuting the drug war,” he said simply.

He added the legislation had a very personal angle for him.

“My childhood best friend died from an overdose when we were in our 20s,” he said. “I don’t know if this law would have helped in that case, but certainly in many cases like that, it would help. It’s the humanitarian thing to do.”

Hawaii County Prosecutor Mitch Roth said Friday he didn’t anticipate the law would provide much of a barrier to his work, while the potential outcomes would more than make up for any difficulties his office might experience.

“I don’t see this really preventing a lot of prosecutions that we would already have,” he said. “But what this may do, and it’s the reason why I don’t have any problem with it, is it may save lives. Given the choice of saving someone’s life versus putting someone in jail, you go with saving lives. … (The law) makes it easier for people to do the right thing.”

Roth added a potential side effect of the law could be that prosecutors might have an easier time arguing “murder by omission” cases, in which defendants are tried for failure to act to save someone’s life.

“People might say, ‘I would have done this, but I was afraid (of possible arrest),’” Roth said. “If you have a duty to act and you don’t act … It may be that (the law) makes it easier to prove these cases in court.”

Email Colin M. Stewart at cstewart@hawaiitribune-herald.com.