HOUSE CONCURRENT RESOLUTION NO. 100

(By Delegates Fleischauer, Poore, Campbell, Barill, Diserio, Manypenny, Moye, Marshall, Guthrie, Pasdon, Frich, Ambler, Anderson, Ashley, Barrett, Boggs, Border, Canterbury, Craig, Eldridge, Ellem, Ellington, Espinosa, Evans, A., Hartman, Hunt, Iaquinta, Jones, Kump, Lawrence, Lynch, McCuskey, Miley, Moore, Morgan, Nelson, E., Perdue, Phillips, R., Poling, M., Raines, Reynolds, Skaff, Skinner, Sponaugle, Stephens, Stowers, Swartzmiller, Tomblin, Walker, White, Williams and Young)

Requesting the Joint Committee on Government and Finance study Medical Amnesty and Good Samaritan policies in other states and in institutions of higher education.

    Whereas, Medical Amnesty or Good Samaritan laws are state-wide laws that grant a limited legal immunity to minors who seek medical attention for themselves or another individual; and

    Whereas, Medical Amnesty or Good Samaritan policies encourage students and citizens to seek potentially life-saving medical treatment for themselves or others without worry of disciplinary or punitive action in cases of underage consumption or possession of illegal substances; and

    Whereas, While Medical Amnesty policies grant protection from criminal sanctions, other nonpunitive consequences, such as education or treatment, may be made available; and

    Whereas, Students would not be granted amnesty from punitive sanctions resulting from other policies that they violate while under the influence of drugs or alcohol; and

    Whereas, Follow-up evaluations and counseling are fundamental components of any Medical Amnesty Policy; and

    Whereas, Everyday, 14 young people under the age of 21 die as a result of underage drinking; and

    Whereas, Calls for medical assistance occur less than 50% of the time in overdose cases in the US; and

    Whereas, Witnesses are 2.5 times more likely to call for help in cases of alcohol poisoning when Medical Amnesty or Good Samaritan policies are in place; and

    Whereas, Over 15 states and 90 institutions of higher learning have enacted or are considering Medical Amnesty or Good Samaritan policies, including our neighboring state Pennsylvania and four universities in the Big 12 Conference; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is requested to conduct a study on Medical Amnesty and Good Samaritan policies in other states and in institutions of higher education;

and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the 2014 regular session of the Legislature, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.