NASHVILLE, Tenn. (WTVF) — It's a heartbreaking statistic: in the year 2022, nearly 4,000 Tennesseans died from a drug overdose. Lawmakers are hoping to pass legislation that can bring that number down significantly. But figuring out that solution drew a lot of debate Tuesday on Tennessee's Capitol Hill.
Brittany's Law
Jessica Francis, a Maury County resident, testified on behalf of Brittany's Law.
"My sister passed away on June 12, 2023. My sister died while laying in a camper for hours. 10 other people were there and didn’t seek help," Francis said. "If you are going to let someone die, where’s your humanity?"
The bill would make it a criminal offense if someone knowingly failed to seek medical assistance for someone overdosing. It would be a misdemeanor offense. But experts worry the bill could do the exact opposite.
"It’s well intended. Unfortunately, it’s very likely to backfire," testified Elliot Pinsley, CEO of the Behavioral Health Foundation. "We want bystanders to call 911 as quickly as possible, and having to worry about when immunity might apply versus when a criminal penalty might apply, is not something we want people thinking about when we’re trying to save a life."
Melody Clark, who lost her daughter to a fatal overdose, agreed.
"I just feel like this is going in the opposite direction of the Good Samaritan law. I feel like these people need to know they can call and not get into trouble for saving someone’s life," said Clark, who lives in Signal Mountain.
Many of the House Criminal Justice Subcommittee lawmakers felt like the bill was well-intentioned, but ultimately decided that the unintended consequences were just too great. "How do you define and criminalize that? It’s so hard," said Rep. William Lamberth, R-Portland, who serves as House Majority Leader.
"To expect one of those persons to make a judgment call that sound, I think is really stretching it," said Rep. Bud Hulsey, R-Kingsport, who is retired law enforcement.
Ultimately, the support just wasn't there. All but one member, Rep. G.A. Hardaway, D-Memphis, voted against the measure. But the bill sponsor, Rep. Scott Cepicky, R-Culleoka, hopes finding a solution will remain a number one priority.
"Members, if this isn’t the solution I understand that. Okay. Then what is?" asked Cepicky.
Other Opioid Epidemic Bills and Ideas
Rep. Yusef Hakeem and Sen. Heidi Campbellhave a bill that would require a prescribing healthcare practitioner to discuss certain risks associated with prescribing opiates.
Elliot Pinsley, who testified Tuesday against Brittany's Law, suggested that the best way to save lives would be to add exceptions to Tennessee's Good Samaritan Law. The measure, which passed in 2015, has a provision that only gives one criminal exception to someone who has previously overdosed. He thinks giving full immunity to those trying to save others from an overdose would encourage everyone to seek help.
Fostering Hope provides Christmas for kids in foster care. I'm delighted to see Fostering Hope expand this year to expand their reach to now include kids in Foster care in metro AND foster kids in East TN hard hit by Helene.
-Bree Smith
