An Act To Require a Person Who Provides Illegal Drugs To Give Medical Aid to Another Person in Medical Distress Due to That Illegal Drug Transaction
Maine Legislature, Session 128, LD 0092
Committee: Criminal Justice and Public Safety
Sponsors: CYRWAY, ALLEY, CHENETTE, DAVIS, DESCHAMBAULT, DOW, KEIM, MAKER, THIBODEAU, HANINGTON
Amends: 17-A MRSA §1125

Legislative Document
No. 92
S.P. 40
In Senate, January 17, 2017
An Act To Require a Person Who Provides Illegal Drugs To Give 
Medical Aid to Another Person in Medical Distress Due to That 
Illegal Drug Transaction
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator CYRWAY of Kennebec.
Cosponsored by Representative ALLEY of Beals and
Senators: CHENETTE of York, DAVIS of Piscataquis, DESCHAMBAULT of York, DOW of 
Lincoln, KEIM of Oxford, MAKER of Washington, President THIBODEAU of Waldo, 
Representative: HANINGTON of Lincoln.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1125 is enacted to read: 
§1125.  Duty to provide aid to impaired person in medical distress 
1.  As used in this section, unless the context otherwise indicates, the following terms 
have the following meanings. 
A.  "Illegal substance" means a scheduled drug or any substance the provision of 
which to another person subjects the person providing the scheduled drug or other 
substance to a criminal penalty under the laws of this State or federal law. 
B.  "In medical distress" means injured, ill or emotionally distraught and in need of 
emergency aid in order to avoid serious harm or death. 
C.  "Provide" means to sell, barter, trade, exchange or furnish. 
2.  A person who provides to another person an illegal substance that subsequently 
causes that other person to be in medical distress shall: 
A.  Render first aid and assistance as that person is capable of rendering under the 
circumstances; and 
B.  Seek and obtain assistance from a medical professional, first responder or law 
enforcement officer. 
3.  Notwithstanding any law to the contrary, a person who provides first aid and 
assistance to an individual in medical distress pursuant to subsection 2 is not civilly liable 
for damages sustained by the individual or the death of that individual resulting from an 
act performed by that person in rendering aid or assistance as long as the act was not 
gross negligence.  This subsection may not be construed to exempt or excuse the person's 
criminal conduct. 
4.  A person who violates subsection 2 commits a Class C crime. 
SUMMARY 
This bill requires a person who provides an illegal substance to an individual that 
causes that individual serious or life-threatening medical distress to provide first aid and 
assistance to that individual and seek assistance from a medical professional, first 
responder or law enforcement officer.  A person who renders first aid is not civilly liable 
for damages or death caused as a result of rendering that aid unless it is done in a grossly 
negligent manner.  Criminal liability is not waived. 
Failure to provide first aid and assistance is a Class C crime.