Medical amnesty policy

Medical Amnesty Policies are laws or acts enacted protecting from liability those who seek medical attention as a result of illegal actions. Such policies have been developing most notably in colleges in the United States regarding alcohol and drug use by students. Schools such as Cornell University have implemented such policies to protect students seeking medical attention from legal action for underage drinking and possession of alcohol and/or drugs. The purpose of such policies is to reduce the hesitation caused by fear of legal action to seek medical attention.^[1] Similar policies are applicable at many levels: Colleges and universities, local communities, as well as state governments and the federal government.

Development

Medical amnesty policies were first present in the University setting. Although failure to seek medical assistance in cases of alcohol poisoning can lead to fatal outcomes, evidence suggests that the threat of judicial consequences resulting from enforcement of the minimum drinking age or other law or policy violations leads some students to refrain from calling for emergency medical services. A study was initiated in 2002 at Cornell University to investigate if implementation of a Medical amnesty policy increase the likelihood that students will call for help in alcohol-related medical emergencies; and increase the likelihood that students treated for alcohol-related medical emergencies will receive a brief psycho-educational intervention at the university health center as a follow-up to their medical treatment.

In April 2009, more than 100 college and university presidents signed the Amethyst Initiative.^[2] The Amethyst Initiative seeks to spark discussion about the current drinking age, problems related to underage drinking, and to develop new ideas about the best ways to prepare young adults to make responsible decisions about alcohol.^[3] One preventative component of this that many campuses have adopted is requiring an online alcohol education course before registering for classes. Another option to better handle underage drinking is the introduction of medical amnesty policies.

Levels of protection

Medical amnesty policies can extend legal protection to varying degrees.

Individual amnesty

Individual amnesty is the most limited level of protection. This level protects individuals who are seeking medical attention for themselves as a result of an illegal action. Individual amnesty does not extend to organizations that person may be a part of or peers also present with the individual at that time.

Caller amnesty

These policies, also known as Good Samaritan policies, Protects individuals who call for another person seeking medical attention as a result of an illegal action. Liability protection in medical amnesty policies can often extend to those seeking help regardless if they are the one who is given medical assistance. This policy builds on individual amnesty but does not guarantee protection from legal prosecution for an organization the persons are a part of or attending. See also Good Samaritan law.

Organizational amnesty

Protects an organization that is related to the event at which medical attention is sought as a result of an illegal action. Organizational amnesty would extend liability protection to fraternities, sororities, clubs and other social venues that may have people at their location who are under the influence of certain intoxicants. This level of amnesty allows for the largest level of protection and is subsequently the most controversial as well. Various institutions that provide medical amnesty to individuals and callers but do not extend amnesty to organizations that may be involved.^[4]

Levels of implementation

Colleges and Universities

Many Colleges and Universities hold some level of a Medical amnesty policy. Medical amnesty at the university level most often pertains to exemption from punishment for an intoxicated or impaired underage student if medical assistance is called to help him or her in an emergency situation. Instead of a harsher penalty for underage drinking or drug use, a student usually receives some sort of counseling by a professional following an incident to help identify if the student has a more serious alcohol or drug problem and to provide the student with suggestions on how to stay safe in the future.^[5]

Ultimately universities seek to encourage students to call for help, valuing the student's well being as the primary concern and foregoing punishment for the student's mistake, instead referring students involved to education, community service, and rehabilitation services. Richmond University compiled a list in February 2010 of colleges and universities that have a medical amnesty policy in place as of that time.^[6] The organization, Students for a Sensible Drug Policy,^[7] are extremely strong advocates for expanding medical amnesty policies on college campuses. They provide a list of schools who currently have a medical amnesty policy and a description of what the policy includes as well as a brief description of the school.^[8]

States

The specifics of Medical Amnesty Acts or sometimes titled Good Samaritan Laws vary from state to state. The laws are also in varying stages of development and implementation. In the state of Washington the 911 Good Samaritan law as currently written provides youth who are in possession of controlled substances without a prescription immunity from charges for that crime (RCW 69.50.4013), if they seek medical assistance for someone "experiencing a drug-related overdose." It does not apply to minors in possession of alcohol (RCW 66.44.270 2a). "Controlled substance" has a specific legal definition, contained in Washington's Uniform Controlled Substances Act (RCW 69.50.101d), that does not include alcohol.As long as you seek medical help in good faith, you still receive immunity from charges that you were in possession of drugs. However, if you are the person who gave the victim the drugs that caused the overdose, you can be charged. Under the Washington State 911 Good Samaritan Law, immunity does not extend to outstanding warrants, probation or parole violations, drug manufacture or delivery, controlled substances homicide, or crimes other than drug possession.^[9]

New Jersey Assemblywoman Mary Pat Angelini sponsored legislation that would allow minors to call for medical assistance for intoxicated underage persons without being prosecuted. The bill was signed into law by the Governor in November 2009. Michigan is an example of a state that is in the process of passing a medical amnesty bill. Michigan Senator Mark Meadows plans to reintroduce a bill that supports medical amnesty for minors who seek help for themselves or a friend after consuming too much alcohol. The bill was first introduced in October 2009 and passed in the House but failed to pass in the Senate.^[10] Hawaii is an example of a state in the beginning stages of drafting a medical amnesty bill. Hawaii’s House of Representatives are currently reviewing bill for an act relating to medical amnesty. The bill was introduced on January 21, 2011.^[11]

Federal

No federal legislation has been introduced to date concerning medical amnesty.

Effectiveness

Cornell University completed one of the most extensive studies on Medical Amnesty Policies to date. The study found that percentage of students who reported that they did not call for help in an alcohol-related medical emergency because they “didn’t want to get the person in trouble” decreased from 3.8% in the baseline survey to 1.5% at the end of the second year of implementation of a medical amnesty policy. Furthermore, the percentage of students seen by health centre staff for a brief psycho-educational intervention after an alcohol-related emergency more than doubled (from 22% to 52%) by the end of the second year. In their discussion, the authors explore the inherent tension between the responsibility of colleges and universitiesCreation of the protocol also served as a common ground initiative on which students, faculty, and administrators collaborated effectively. In particular, student leaders have remarked that the establishment of the MAP demonstrated that the university genuinely is concerned about the health and safety of its students.^[12]

Criticisms

Many people have criticized medical amnesty policies as policies that perpetuate underage drinking. Critics note that the goal of ameliorating the issue of youth alcohol consumption and drug abuse should focus more on preventing such activities rather than simply providing a more open course of action once choices have been made.^[4] An alternative explanation could be that the increase in calls for help reflects an increase in heavy drinking among the student population resulting in a larger percentage of students in need of emergency assistance. Such policies cover any and all incidents, regardless of how frequently a particular student may invoke it, inviting abuse of the policy. Such policies will be in conflict with existing policies regarding zero tolerance.^[13]

See also

• Good Samaritan Law
• Alcohol consumption by youth in the United States
• Controlled Substances Act
• Emergency medical services
• Amethyst Initiative
• Alcohol consumption by youth in the United States
• Substance abuse
• Drug overdose

References

1. ^ Oster-Aaland, Laura; Eighmy, Myron A. (2007). "Medical Amnesty Policies: Research is Needed". NASPA journal 44 (4). http://publications.naspa.org/cgi/viewcontent.cgi?article=1865&context=naspajournal. Retrieved 2009-02-19. 
2. ^ Amethyst Initiative.
3. ^ http://abcnews.go.com/US/story?id=8097783&page=1
4. ^ ^{a b} Lewis, Deborah K.; Timothy C. Marchell (2006). "Safety first: A medical amnesty approach to alcohol poisoning at a U.S. university". International Journal of Drug Policy 17. http://download.journals.elsevierhealth.com/pdfs/journals/0955-3959/PIIS0955395906000399.pdf. Retrieved 2009-02-19. 
5. ^ "Medical Amnesty". The Gordie Foundation. http://www.gordie.org/Education/Medical-Amnesty.aspx. Retrieved 2011-04-04. 
6. ^ Richmond University Medical Amnesty Proposal, complete list of participating schools.
7. ^ Students for a Sensible Drug Policy
8. ^ The research into participating schools is published on their website, Good Samaritan Policy Research : Schools with policies.
9. ^ http://stopoverdose.org/faq.htm
10. ^ http://www.statenews.com/index.php/article/2011/01/meadows_to_reintroduce_medical_amnesty_bill
11. ^ http://www.capitol.hawaii.gov/session2011/Bills/HB416_.pdf
12. ^ Lewis, Deborah K.; Timothy C. Marchell (2006). "Safety first: A medical amnesty approach to alcohol poisoning at a U.S. university". International Journal of Drug Policy: 10. http://www.gordie.org/pdf/Cornell_MAPStudy.aspx. 
13. ^ http://www.thenetwork.ws/documents/MedicalAmnesty.pdf