01-03-2025
Immunity for overdose reporting bill agreed upon in joint conference committee
CHEYENNE — A bill to extend immunity to people seeking medical assistance for themselves or another person in an overdose incident has passed the House and Senate.
Senate File 74, 'Immunity for drug overdose reporting,' went before a joint conference committee Friday to reconcile differences between the bill proposed by each chamber. The House had removed Senate limitations on the number of times someone can report an overdose, when the Senate's position was to restrict immunity to twice per year, on the condition of supervised drug treatment.
At noon recess Friday, a joint conference committee voted to adopt the Senate's position, including limitations on the number of times someone can receive immunity for reporting an overdose before being required to seek treatment. Friday morning, Andi Summerville with the Wyoming Association of Mental Health and Substance Abuse Centers told the Wyoming Tribune Eagle that at this point in the session, the most important thing is to get any form of immunity passed into law, whether it is restricted in number or not.
Sen. Charles Scott, R-Casper, asked the Senate not to concur on SF 74 as it returned to the body Thursday.
Sen. Charles Scott, R-Casper (2025)
Sen. Charles Scott, R-Casper
'The discussion in committee was that somebody who's had two or more of these episodes, more than two, is in trouble and needs help that they're just not getting,' Scott continued. 'It's to their advantage that we remove the immunity and use compulsion to get them some help.'
As the bill left the Senate, it included language that immunity shall be offered only twice a year, and that a person experiencing a drug overdose 'shall be eligible to receive immunity … only upon the person completing, after the second qualifying drug overdose event, a drug treatment program approved by the applicable district attorney.'
During testimony in the Senate Labor, Health and Social Services Committee on Jan. 22, Sen. Eric Barlow, R-Gillette, acknowledged he understood 'multiple states do not have this kind of limitation' as the Senate included in the bill.
In the other chamber, the House Labor, Health and Social Services Committee recommended on Feb. 19 that the limitations be removed, which representatives did on the floor. Rep. Ken Clouston, R-Gillette, who sits on that committee, explained to representatives that SF 74 is really designed to save lives.
Rep. Ken Clouston, R-Gillette (2025)
Rep. Ken Clouston, R-Gillette
'This is a bill dealing with when people are experiencing a drug overdose. They can call in and say they are having a drug overdose, or if they see someone, they can call in and get medical help with immunity,' Clouston said. 'They will not be punished for calling this in.'
Clouston told the House that law enforcement has also confirmed Wyoming is the only state without a drug overdose reporting immunity law on the books.
'The goal here is to try to help people. We hear, especially from our college-age people, that their friends may be going through an overdose situation and they don't want to call in, because nobody wants to get in trouble. This is a bill to try to protect someone in that situation,' he said.
The intent behind removing the limitations, Clouston said, was to keep the bill simple.
'We didn't want to confuse the issue or discourage anyone from calling in,' he said.
Clouston also said it was unclear who would track overdose calls. In the Senate, lawmakers had discussed who would have oversight or jurisdiction to enforce mandatory treatment if a person was offered immunity, but not entered into the court system. But they did not amend the bill to clarify that issue.
SF 74 would extend immunity from criminal prosecution if a reporting person 'reasonably believed he or another person was experiencing a drug overdose, and if that person provided a description of the actual location of the drug overdose event.' The reporting person must also remain at the scene of the drug overdose until a responding law enforcement officer or emergency medical service provider arrives, and would be required to cooperate with law enforcement.
The six members of the joint conference committee who approved of the Senate's position were Sens. Gary Crum, R-Laramie; Lynn Hutchings, R-Cheyenne; and Cheri Steinmetz, R-Torrington; and Reps. Paul Hoeft, R-Powell; Lloyd Larsen, R-Lander; and Darin McCann, R-Rock Springs.
It was Hutchings who first proposed limiting immunity offered under the bill, and her first amendment was to limit immunity to once a year. Larsen said that the Senate 'already broadened' limitations so the House would accept that position.
Rep. Jayme Lien, R-Casper (2025)
Rep. Jayme Lien, R-Casper
Rep. Jayme Lien, R-Casper, tried to bring a third-reading amendment to include protection for someone under 21 reporting or experiencing an emergency alcohol overdose, but that amendment was called before the House Rules Committee. Speaker of the House Rep. Chip Neiman, R-Hulett, determined that it was not germane to the bill, and Lien withdrew her amendment.
