Bill > H1962

This bill amends Massachusetts law to provide legal protections for police officers and individuals experiencing anaphylactic reactions when seeking medical assistance. Specifically, police officers who, in good faith, seek medical help for someone having an anaphylactic reaction will not be charged or prosecuted for controlled substance possession if the evidence of possession was discovered during the process of seeking medical aid. Similarly, the person experiencing the anaphylactic reaction cannot be prosecuted for controlled substance possession under the same circumstances. The bill also explicitly allows police officers to receive, possess, and administer epinephrine autoinjectors (emergency medical devices used to treat severe allergic reactions) to individuals appearing to have an anaphylactic reaction. Importantly, police officers are granted civil liability protection when providing such assistance, unless their actions are deemed willfully reckless. The legislation does not prevent prosecution for more serious drug-related offenses like trafficking or distribution, but it does allow the act of seeking medical assistance to be considered a mitigating factor in potential criminal prosecutions under the Controlled Substance Act.

Justice

https://malegislature.gov/Bills/194/H1962