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Chapter 16     Entire Code

1 - STATE PUBLIC HEALTH SYSTEM

1A - UNIFORM CREDENTIALING FOR HEAL

1B - SKILLED NURSING FACILITIES FOR

1C - HEALTH CARE PROVIDER TRANSPARE

2 - LOCAL BOARDS OF HEALTH

2A - ALTERNATIVE METHOD OF ORGANIZI

2B - FAMILY PLANNING AND CHILD SPAC

2C - HOME HEALTH SERVICES

2D - CERTIFICATE OF NEED

2E - BIRTHING CENTERS

2F - PARENTAL NOTIFICATION OF ABORT

2G - SPECIAL SUPPLEMENTARY FOOD PRO

2H - PRIMARY CARE SUPPORT PROGRAM

2I - WOMEN'S RIGHT TO KNOW ACT

2J - PREVENTIVE CARE PILOT PROGRAM

2K - PROGRAMS OF ALL-INCLUSIVE CARE

2L - PROVIDER SPONSORED NETWORKS

2M - THE PAIN-CAPABLE UNBORN CHILD

2N - NEONATAL ABSTINENCE CENTERS

2O - UNBORN CHILD PROTECTION FROM D

3 - PREVENTION AND CONTROL OF COMMU

3A - REPOSITORY OF INFORMATION ON M

3B - PERTUSSIS

3C - AIDS-RELATED MEDICAL TESTING A

3D - TUBERCULOSIS TESTING, CONTROL,

4 - SEXUALLY TRANSMITTED DISEASES

4A - PRENATAL EXAMINATION

4B - AUTOPSIES ON BODIES OF DECEASE

4C - EMERGENCY MEDICAL SERVICES ACT

4D - AUTOMATED EXTERNAL DEFIBRILLAT

4E - UNIFORM MATERNAL SCREENING ACT

4F - EXPEDITED PARTNER THERAPY

5 - VITAL STATISTICS

5A - CANCER CONTROL

5B - HOSPITALS AND SIMILAR INSTITUT

5C - NURSING HOMES

5D - ASSISTED LIVING RESIDENCES

5E - REGISTRATION AND INSPECTION OF

5F - HEALTH CARE FINANCIAL DISCLOSU

5G - OPEN HOSPITAL PROCEEDINGS

5H - CHRONIC PAIN CLINIC LICENSING

5I - HOSPICE LICENSURE ACT

5J - CLINICAL LABORATORIES QUALITY

5K - EARLY INTERVENTION SERVICES FO

5L - LONG-TERM CARE OMBUDSMAN PROGR

5M - OSTEOPOROSIS PREVENTION EDUCAT

5N - RESIDENTIAL CARE COMMUNITIES

5O - MEDICATION ADMINISTRATION BY U

5P - SENIOR SERVICES

5Q - THE JAMES "TIGER" MO

5R - THE ALZHEIMER'S SPECIAL CARE S

5S - OLDER WEST VIRGINIANS ACT

5T - OFFICE OF DRUG CONTROL POLICY

5U - ARTHRITIS PREVENTION EDUCATION

5V - EMERGENCY MEDICAL SERVICES RET

5W - WEST VIRGINIA OFFICIAL PRESCRI

5X - CAREGIVER ADVISE, RECORD AND E

5Y - MEDICATION-ASSISTED TREATMENT

5Z - COALITION FOR DIABETES MANAGEM

6 - HOTELS AND RESTAURANTS

7 - PURE FOOD AND DRUGS

8 - ELECTROLOGISTS

8A - NARCOTIC DRUGS

8B - DANGEROUS DRUGS ACT

9 - OFFENSES GENERALLY

9A - TOBACCO USAGE RESTRICTIONS

9B - IMPLEMENTING TOBACCO MASTER SE

9C - STATE TOBACCO GROWERS' SETTLEM

9D - ENFORCEMENT OF STATUTES IMPLEM

9E - DELIVERY SALES OF TOBACCO

9F - COUNTERFEIT CIGARETTES

10 - UNIFORM DETERMINATION OF DEAT

11 - SEXUAL STERILIZATION

12 - SANITARY DISTRICTS FOR SEWAGE

13 - SEWAGE WORKS AND STORMWATER W

13A - PUBLIC SERVICE DISTRICTS

13B - COMMUNITY IMPROVEMENT ACT

13C - DRINKING WATER TREATMENT REV

13D - REGIONAL WATER AND WASTEWATE

13E - COMMUNITY ENHANCEMENT ACT

14 - BARBERS AND COSMETOLOGISTS

15 - STATE HOUSING LAW

16 - HOUSING COOPERATION LAW

17 - NATIONAL DEFENSE HOUSING

18 - SLUM CLEARANCE

19 - ANATOMICAL GIFT ACT

20 - AIR POLLUTION CONTROL

21 - BLOOD DONATIONS

22 - DETECTION AND CONTROL OF PHEN

22A - TESTING OF NEWBORN INFANTS F

22B - BIRTH SCORE PROGRAM

23 - TRANSFUSION OF BLOOD; TRANSPL

24 - STATE HEMOPHILIA PROGRAM

25 - DETECTION OF TUBERCULOSIS, HI

26 - WEST VIRGINIA SOLID WASTE MAN

27 - STORAGE AND DISPOSAL OF RADIO

27A - BAN ON CONSTRUCTION OF NUCLE

28 - ASSISTANCE TO KOREAN AND VIET

29 - HEALTH CARE RECORDS

29A - WEST VIRGINIA HOSPITAL FINAN

29B - HEALTH CARE AUTHORITY

29C - INDIGENT CARE

29D - STATE HEALTH CARE

29E - LEGISLATIVE OVERSIGHT COMMIS

29F - UNINSURED AND UNDERINSURED P

29G - WEST VIRGINIA HEALTH INFORMA

29H - INTERAGENCY HEALTH COUNCIL

29I - WEST VIRGINIA HEALTH CARE AU

30 - WEST VIRGINIA HEALTH CARE DEC

30A - MEDICAL POWER OF ATTORNEY

30B - HEALTH CARE SURROGATE ACT

30C - DO NOT RESUSCITATE ACT

31 - COMMUNITY RIGHT TO KNOW

32 - ASBESTOS ABATEMENT

33 - BREAST AND CERVICAL CANCER PR

34 - LICENSURE OF RADON MITIGATORS

35 - LEAD ABATEMENT

36 - NEEDLESTICK INJURY PREVENTION

37 - BODY PIERCING STUDIO BUSINESS

38 - TATTOO STUDIO BUSINESS

39 - PATIENT SAFETY ACT

40 - STATEWIDE BIRTH DEFECTS INFOR

41 - ORAL HEALTH IMPROVEMENT ACT

42 - COMPREHENSIVE BEHAVIORAL HEAL

43 - ENGINE COOLANT AND ANTIFREEZE

44 - THE PULSE OXIMETRY NEWBORN TE

45 - TANNING FACILITIES

46 - ACCESS TO OPIOID ANTAGONISTS

47 - ALCOHOL AND DRUG OVERDOSE PRE
    16 - 47 - 1
    16 - 47 - 2
    16 - 47 - 3
    16 - 47 - 4
    16 - 47 - 5
    16 - 47 - 6

48 - WEST VIRGINIA ABLE ACT

49 - WEST VIRGINIA CLEARANCE FOR A

50 - EPINEPHRINE AUTO-INJECTOR AVA

51 - RIGHT TO TRY ACT

52 - COALITION FOR RESPONSIBLE PAI

53 - ESTABLISHING ADDITIONAL SUBST

CHAPTER 16. PUBLIC HEALTH.

ARTICLE 47. ALCOHOL AND DRUG OVERDOSE PREVENTION AND CLEMENCY ACT.

§16-47-1. Short title.

This article is known as and may be cited as the Alcohol and Drug Overdose Prevention and Clemency Act.

§16-47-2. Legislative findings.

(a) West Virginia currently has the highest drug overdose mortality rate in the United States. Since 1999, the number of drug overdose deaths in West Virginia has increased by over six hundred percent. Similarly, the age-adjusted death rate from alcohol-related overdoses has significantly increased in West Virginia, and throughout the United States, in the past ten years.

(b) The Legislature finds it is in the public interest to encourage citizens to intervene in drug and alcohol overdose situations by seeking potentially life-saving emergency medical assistance for others without fear of being subject to certain criminal penalties.

§16-47-3. Definitions.

As used in this article:

(1) "Overdose" means an acute condition, including, but not limited to, life-threatening physical illness, coma, mania, hysteria or death, which is the result of the consumption or use of a controlled substance or alcohol.

(2) "Emergency medical assistance" means medical services provided to a person who may be experiencing an overdose by a health care professional licensed, registered or certified under chapter thirty or chapter sixteen of this code acting within his or her lawful scope of practice.

§16-47-4. Limited immunity from prosecution.

(a) Subject to the requirements of subsection (c) of this section, a person who, in good faith and in a timely manner, seeks emergency medical assistance for a person who reasonably appears to be experiencing an overdose may not be held criminally responsible for a violation of the following:

(1) Purchasing, consuming or possessing wine or other alcoholic liquor by someone under age twenty-one as prohibited by subsection (a), section twenty-a, article eight, chapter sixty of this code;

(2) Purchasing wine or other alcoholic liquors from a licensee through misrepresentation of age, presenting or offering any written evidence of age which is false, fraudulent or not actually one's own, or illegally attempting to purchase wine or other alcoholic liquors as prohibited by subsection (b), section twenty-a, article eight, chapter sixty of this code;

(3) Purchasing, consuming or possessing alcoholic liquor by someone under age twenty-one as prohibited by subdivision (1), subsection (a), section twenty-four, article three-a, chapter sixty of this code;

(4) Purchasing liquor from a retail licensee through misrepresentation of age, presenting or offering any written evidence of age which is false, fraudulent or not actually one's own or illegally attempting to purchase liquor from a retail licensee as prohibited by subsection (b), section twenty-four, article three-a, chapter sixty of this code;

(5) Ordering, paying for, sharing the cost of, purchasing, consuming or possessing nonintoxicating beer, wine or alcoholic liquor by someone under age twenty-one as prohibited by subsection (a), section twelve-a, article seven, chapter sixty of this code;

(6) Purchasing nonintoxicating beer, wine or alcoholic liquors from a licensee through misrepresentation of age, presenting or offering any written evidence of age which is false, fraudulent or not actually one's own or illegally attempting to purchase nonintoxicating beer, wine or alcoholic liquors from a licensee as prohibited by subsection (b), section twelve-a, article seven, chapter sixty of this code;

(7) Purchasing, consuming or possessing nonintoxicating beer by someone under age twenty-one as prohibited by subdivision (1), subsection (a), section nineteen, article sixteen, chapter eleven of this code;

(8) Purchasing nonintoxicating beer through misrepresentation of age, presenting or offering any written evidence of age which is false, fraudulent or not actually one's own or illegally attempting to purchase nonintoxicating beer as prohibited by subsection (b), section nineteen, article sixteen, chapter eleven;

(9) Knowingly or intentionally possessing a controlled substance or imitation controlled substance without a prescription, as prohibited by subsection (c), section four hundred one, article four, chapter sixty-a of this code; or

(10) Appearing in a public place in an intoxicated condition; drinking alcoholic liquor in a public place; drinking alcoholic liquor in a motor vehicle on a highway, street, alley or in a public garage; tendering a drink of alcoholic liquor to another person in a public place; or possessing alcoholic liquor which was manufactured or acquired in violation of the provisions of chapter sixty of this code, as prohibited by subdivisions (1), (2), (3), (4) and (6), subsection (a), section nine, article six, chapter sixty of this code.

(b) The immunity provided in subsection (a) of this section shall not apply to the following offenses:

(1) Selling or serving wine or other alcoholic liquor by someone under age twenty-one as prohibited by subsection (a), section twenty-a, article eight, chapter sixty of this code;

(2) Selling or serving alcoholic liquor by someone under age twenty-one as prohibited by subdivision (1), subsection (a), section twenty-four, article three-a, chapter sixty of this code; or

(3) Selling or serving nonintoxicating beer by someone under age twenty-one as prohibited by subdivision (1), subsection (a), section nineteen, article sixteen, chapter eleven of this code.

(c) A person may only be eligible for immunity under subsection (a) of this section if he or she:

(1) Remains with the person who reasonably appears to be in need of emergency medical assistance due to an overdose until such assistance is provided;

(2) Identifies himself or herself, if requested by emergency medical assistance personnel or law-enforcement officers; and

(3) Cooperates with and provides any relevant information requested by emergency medical assistance personnel or law-enforcement officers needed to treat the person reasonably believed to be experiencing an overdose.

(d) Evidence of seeking emergency medical assistance for a person who reasonably appears to be experiencing an overdose may be considered by a court or jury as a mitigating factor in the sentencing phase of a criminal proceeding in a prosecution for which immunity is not granted in subsection (a) of this section: Provided, That the criminal proceeding was instituted based on conduct or evidence obtained as the result of the defendant seeking emergency medical assistance as described in subsections (a) and (c) of this section.

(e) Notwithstanding any other provision of this section to the contrary, a person who acts pursuant to subsections (a) and (c) of this section and is charged with an offense not exempted by subsection (a) of this section may nevertheless enter a plea of guilty to an offense exempted by subsection (a) of this section if the person, after consultation with his or her attorney, so desires.

(f) The limited immunity provided by this section does not preclude claims asserted in a civil action based on violation of the statutes set forth in subsection (a) of this section, even if immunity is provided in a criminal proceeding.

(g) A person who seeks assistance pursuant to subsection (a) of this section is not subject to any sanction for a violation of a condition of pretrial release, probation, furlough or parole.

§16-47-5. Immunity, alternative sentencing and clemency options for a person for whom emergency medical assistance was sought.

(a) The immunity provisions in subsection (a), section four of this article extend to the person for whom emergency medical assistance was sought if, subsequent to receiving emergency medical assistance, the person participates in, complies with and completes a substance abuse treatment or recovery program approved by the court. Alternatively, a court may consider the following alternative sentencing and clemency options:

(1) Deferred prosecution under section twenty-six, article six, chapter sixty of this code or under section four hundred seven, article four, chapter sixty-a of this code;

(2) Pretrial diversion under section twenty-two, article eleven, chapter sixty-one of this code;

(3) Adjudication in drug court under article fifteen, chapter sixty-two of this code or under section two-b, article five, chapter forty-nine of this code; or

(4) Any other appropriate form of alternative sentencing or rehabilitation permitted by this code, including, but not limited to:

(A) Probation;

(B) Conditional discharge under section twenty-six, article six, chapter sixty of this code; or

(C) The weekend jail program, the work program or the community service program under section one-a, article eleven-a, chapter sixty-two of this code.

(b) Notwithstanding any other provision of this section to the contrary, a person who may seek immunity or clemency pursuant to subsection (a) of this section and is charged with an offense not exempted by subsection (a), section four of this article may enter a plea of guilty to an offense exempted by subsection (a), section four of this article if the person, after consultation with his or her attorney, so desires.

§16-47-6. Limited law-enforcement personnel immunity.

Except in cases of willful, wanton or reckless misconduct, law-enforcement personnel are immune from civil liability for citing or arresting a person who is later determined to qualify for immunity under this article.

Note: WV Code updated with legislation passed through the 2017 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


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