Overdose bill heads to Senate

Jess Oaks
Posted 1/29/25

CHEYENNE – On Wednesday, January 22 the Senate Labor, Health and Social Services Committee voted 4-1 in favor of offering immunity to those who report drug overdoses in the state of Wyoming …

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Overdose bill heads to Senate

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CHEYENNE – On Wednesday, January 22 the Senate Labor, Health and Social Services Committee voted 4-1 in favor of offering immunity to those who report drug overdoses in the state of Wyoming which approved Senate File 74, “Immunity for drug overdose reporting.” The file has now been sent to the Senate for consideration. Presently, Wyoming is the last state to offer such immunity. 

The Senate File would offer limited immunity to anyone seeking medical assistance for a person, including themselves, during a drug overdose incident. 

“A person who, in good faith, seeks medical assistance for himself or another person is immune from criminal prosecution for an offense listed in subsection (c) of this section if: The person reasonably believes he or another person is experiencing a drug overdose event; the person provides a description of the actual location of the drug overdose event; the person remains at the scene of the drug overdose event until a responding law enforcement officer or emergency medical service provider arrives, or the person remains at the medical care facility where the person experiencing the drug overdose event is located until a responding law enforcement officer arrives; the person cooperates with a responding law enforcement officer, emergency medical service provider or medical care provider, including by providing information about the person experiencing the drug overdose event and the type of substance that may have caused the drug overdose event; and the offense listed in subsection (c) of this section arises from the same course of events as the drug overdose event,” Senate File 74 reads. 

According to the file, persons experiencing drug overdose events are eligible to receive immunity from prosecution under the section not more than two times in a 12-month period. The reporting person must remain at the scene of the overdose until first responders and law enforcement arrive and they must cooperate with the responding officer.

“Law enforcement stands in support of this bill,” Wyoming Association of Sheriffs and Chiefs of Police Rhea Parsons said. 

With the increase of fentanyl across all 23 Wyoming counties, the Wyoming Association of Mental Health and Substance Abuse Centers also supported the file. 

Dr. Angela Farrand from the Wyoming Naloxone Project told the committee the primary purpose of the bill was to encourage people to seek immediate medical assistance by removing the threat of prosecution, noting bills like this reduce social stigma around overdoses.

The only committee member who voted against the bill was Senator Lynn Hutchings (R-Cheyenne), noting there is no law which prevents someone from reporting an overdose.

“It is your fear that is preventing you from reporting it,” Hutchings said. 

Hutchings made an amendment to the bill which would offer immunity once a year instead of twice a year, as presented. The amendment failed and Hutchings voted “no” on the measure. 

Farrand noted most states have no limit on the times persons can receive immunity when reporting drug overdoses. 

Senator Cheri Steinmetz, R-Torrington, voted in favor of the measure.