South Carolina Code 44-53-1920. Limited immunity for a person who seeks medical assistance for another
(1) acted in good faith when seeking medical assistance, upon a reasonable belief that he was the first person to call for assistance;
Terms Used In South Carolina Code 44-53-1920
- Arrest: Taking physical custody of a person by lawful authority.
- Drug or alcohol-related overdose: means an acute condition, including mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use of a controlled substance, alcohol, or another substance with which a controlled substance or alcohol was combined, that a layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance. See South Carolina Code 44-53-1910
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Seeks medical assistance: means seeking medical assistance by contacting the 911 system, a law enforcement officer, or emergency services personnel. See South Carolina Code 44-53-1910
(2) provided his own name to the 911 system or to a law enforcement officer upon arrival; and
(3) did not seek medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search.
(B) A person who seeks medical assistance for another person in accordance with the requirements of subsection (A) may not be prosecuted for:
(1) dispensing or delivering a controlled substance in violation of § 44-53-370(a), when the controlled substance is dispensed or delivered directly to the person who appears to be experiencing a drug-related overdose;
(2) possessing a controlled substance in violation of § 44-53-370(c);
(3) possessing less than one gram of methamphetamine or cocaine base in violation of § 44-53-375(A);
(4) dispensing or delivering methamphetamine or cocaine base in violation of § 44-53-375(B), when the methamphetamine or cocaine base is dispensed or delivered directly to the person who appears to be experiencing a drug-related overdose;
(5) possessing paraphernalia in violation of § 44-53-391;
(6) selling or delivering paraphernalia in violation of § 44-53-391, when the sale or delivery is to the person who appears to be experiencing a drug-related overdose;
(7) purchasing, attempting to purchase, consuming, or knowingly possessing alcoholic beverages in violation of § 63-19-2440;
(8) transferring or giving to a person under the age of twenty-one years for consumption beer or wine in violation of § 61-4-90; or
(9) contributing to the delinquency of a minor in violation of § 16-17-490.
(C) If the person seeking medical assistance pursuant to this section previously has sought medical assistance for another person pursuant to this article, the court may consider the circumstances of the prior incidents and the related offenses to determine whether to grant the person immunity from prosecution.
(D) A person described in this section must use his or her own name when contacting authorities, fully cooperate with law enforcement and medical personnel, and must remain with the individual needing medical assistance until help arrives.