As the number of heroin overdose deaths continues to rise in New Hampshire, the legislature has passed a “Good Samaritan law” in an effort to address the ongoing crisis.
House Bill 270, adopted on July 8, grants immunity from arrest, prosecution or conviction to anyone who requests medical assistance to save the life of an overdose victim.
“Certainly, the heroin crisis is taking such a tremendous toll on so many people’s lives and the lives of their friends, family members and co-workers,” said Sue Centner of the Community Alliance for Teen Safety (CATS), a Derry-based non-profit that works to raise awareness for high-risk behaviors among youth in southern New Hampshire. “This affects the entire community. There are so many people working to help find solutions for this epidemic, and there are so many different parts of the community being touched by this. Everyone is working hard in their own way to make a difference. This bill, from my perspective, is going to help. I think anything that helps to save lives is going to be a very important part in the bigger holistic solution”
Last year, Rockingham County was designated a High Intensity Drug Trafficking Area (HIDTA), and Det. Chris Olson said the Londonderry Police Department responded to at least 100 overdose-related calls last year.
“They’re through the roof, and almost every overdose call is heroin or opiate related,” he said.
Police in Derry responded to about 59 drug-related overdoses in 2014, compared with 41 in 2013, according to Lt. Jon Breen.
“It’s a big problem in the state. I have had constituents email me about it, saying their kid’s drug addicted and we need more funding to address this,” said Londonderry Republican State Rep. Dan Tamburello, who supported the bill.
But the new law is raising a few eyebrows – some are concerned about the message the legislation will send, particularly to drug dealers.
“This is a bill that protects the criminals and drug dealers,” Londonderry Republican State Rep. Al Baldasaro said. “If someone is doing a deal and the deal is happening right there, they can call the police and they won’t be arrested. This is protecting the dealers that are selling bad stuff. It’s giving them a free pass.”
Baldasaro said he still hasn’t heard of any cases where someone didn’t call for medical assistance during a drug overdose event for fear of prosecution.
“I wish there was something in the bill that said this would not protect the dealers,” he said.
Derry Police Capt. Vern Thomas said he hasn’t had any experience with people in possession of controlled drugs calling to save the life of someone experiencing a drug overdose.
“I see both sides of it. I can stand on the fence and see good things about it, such as more overdoses will be called in, so more lives will be saved,” said local activist and policy researcher Kimberly Morin, who has been following the bill. “The bill has good intentions, but what is going to be the downfall in the bigger picture? That’s where I have an issue with this bill. It’s scary to think dealers can get off scot-free.”
Thomas said the new law doesn’t protect the person who is experiencing an overdose from prosecution if he or she is in possession of controlled drugs, noting it’s possible individuals who are on the scene could also be prosecuted for other crimes police witness while responding to the call.
“This bill is only related to the person making the call who is in possession of a controlled drug,” Thomas said, explaining it’s possible the caller could see other charges if they, for example, administered the drugs to the person who overdosed. “There will be exceptions to people not being charged because they don’t fit with this narrow definition of the law. If police officers are in a scene where they have a right to be and they witness illegal activity, they could make an arrest. This law is not a ‘get out of jail free card.’
In addition to passing the “Good Samaritan” law, the Governor recently signed legislation that made the overdose-reversing drug Narcan available by prescription.
Now, people who use heroin, their families, and doctors treating a patient with a heroin overdose will be able to get a prescription for the antidote, which reverses the effects of a heroin overdose.
In addition to pushing through legislation intended to help address the State’s heroin epidemic, Baldasaro emphasized the importance of passing a budget that will support rehabilitation programs in communities across New Hampshire.
In the last 10 years, the number of people admitted to State-funded treatment programs rose by 90 percent for heroin use and by 500 percent for prescription opiate abuse, according to the New Hampshire Department of Health and Human Services.
“We put money in the budget for drug programs, and the Governor didn’t sign the budget,” Baldasaro said. “We need to get this money through so we can get these programs up and running and support these communities.”
“Unfortunately, New Hampshire doesn’t have enough resources available to people who are in recovery and working to overcome addiction. We have people addicted to heroin reaching out for help and being told, you’ll have to wait 60 days,” Centner said. “I hope bills like (HB270) will help to change that. My personal feeling is that if there’s a way to save lives, that’s so important. This bill may not be best way, but it’s part of the bigger picture for a very complicated issue.”