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Alcohol Medical Amnesty in

the State of Georgia Research and policy recommendations

FALL 2012

An Introduction to Alcohol Medical Amnesty

The Purpose In the United States, when a person overdoses, a phone call for medical attention occurs less than 50% of the time. An alcohol medical amnesty policy allows underage individuals who are under the influence of alcohol to make a lifesaving 911 phone call for himself or herself or another, without fear of legal punishment. Persons who are aware that a medical amnesty policy is in place are 2.5 times more likely than others (who expect to face disciplinary actions) to call for help when they witness the signs of alcohol poisoning. This policy encourages responsible and lifesaving decision making, which can save the lives of underage individuals across the state of Georgia. History of Alcohol Medical Amnesty Alcohol medical amnesty initially began in University Code of Conduct Policies. University officials from across the country felt that in a life or death situation, a student who is underage and under the influence of alcohol should not have to think about loosing good University standing when considering making a lifesaving call. Currently, about a hundred universities in the United States have a form of alcohol medical amnesty, including Emory University, the University of West Georgia, and the University of Georgia. Types of Alcohol Medical Amnesty There are two forms of Alcohol Medical Amnesty we are seeking:

1) Caller Amnesty gives amnesty to an underage individual under the influence of alcohol, calling 911 regarding someone else needed medical attention. Generally, this person is only granted amnesty if they stay at the scene to wait for the police to arrive, and cooperate with law enforcement.

2) Victim Amnesty gives amnesty to an underage individual under the influence of alcohol that is in need of medical attention.

Alcohol on College Campuses Underage consumption of alcohol is widespread on college campuses. A national survey found that approximately seven out of ten college students have consumed alcohol in the past thirty days. In 2011, the Monitoring the Future Study found that 36% of college students surveyed had participated in binge drinking (consuming more than five drinks in a row) at least once in a two-week period. The study also found that 14% of college students had consumed ten or more drinks in a row at lest once in the past two weeks and 5% had consumed fifteen or more drinks in a row. Further, 16% of college students have reported binge drinking five or more times in a month. The statistics surrounding alcohol consumption on college campuses is truly frightening. The future generation of society is participating in high-risk behaviors that lead to irreversible consequences. Some of these irreversible consequences can be health related, or an arrest record. An alcohol medical amnesty policy would protect legal liability for underage individuals who are under the influence of alcohol who are actively seeking medical attention for themselves, or others. According to a Cornell University study, 3.8% of students surveyed said that they did not seek help for alcohol-related emergencies because they did not want to get the person in trouble, 1.3% did not seek medical assistance because they did not want to get themselves in trouble, and 1.5% because they did not want to get their organization in trouble. Additionally, 18.7% of respondents had thought about calling for medical help due to concern for someone severely intoxicated in the past twelve months.

Existing state laws California

• Signed into law on September 23, 2010 by Governor Arnold Schwarzenegger • Provides Caller and Individual amnesty • Their law can be viewed at http://tinyurl.com/CAMedicalAmnesty

Colorado

• Signed into law on May 16th, 2012 by Governor John Kickenlooper. • Provides Caller and Individual amnesty • Their law can be viewed at http://tinyurl.com/COMedicalAmnesty

Indiana

• Signed into law on March 16th, 2012 by Governor Mitch Daniels. • Provides Caller amnesty • Passed unanimously in Indiana’s state legislature • Their law can be viewed at http://tinyurl.com/INMedicalAmnesty

Maryland • Signed into law on May 19th, 2009 by Governor Martin O’Malley. • Provides Caller amnesty • Their law can be viewed at http://tinyurl.com/MDMedicalAmnesty

Michigan

• Signed into law on May 8th, 2009 by Governor Rick Snyder who said, “[e]nsuring the safety of our youth is a priority. Removing the fear of penalty will save lives.”

• Provides Caller and Individual amnesty • Passed unanimously in Michigan’s State Senate • Their law can be viewed at http://tinyurl.com/MIMedicalAmnesty

New Jersey

• Currently waiting for approval from Governor Chris Christie • Provides Caller and Individual amnesty • Their law can be viewed at http://tinyurl.com/NJMedicalAmnesty

New York

• Signed into law on July 20th, 2011 by Governor Andrew Cuomo • Provides Caller and Individual amnesty • Passed unanimously in New York’s State Senate • Their law can be viewed at http://tinyurl.com/NYMedicalAmnesty

Pennsylvania

• Signed into law in 2011 by Governor Tom Corbett. • Provides Caller amnesty • Passed unanimously in Pennsylvania’s state legislature • Their law can be viewed at http://tinyurl.com/PAMedicalAmnesty

Texas

• Signed into law on June 17th, 2011 by Governor Rick Perry. • Provides Caller amnesty • Passed unanimously in Texas’ State House • Their law can be viewed at http://tinyurl.com/TXMedicalAmnesty

Our Stories

For us, this is personal. Many college students can think of a time when they hesitated to call for medical attention because they were afraid of getting themselves or others in trouble with the law. Below are a few of these instances. Joni DeVictor, Freshman at

the University of Georgia I was at the Athens stop of the Luke Bryan Farm Tour

concert in October and during the show, my group of

friends noticed a girl who had been throwing up behind

where our area of coolers/blankets were. She seemed to be

alone or separated from her group, so we helped her up,

gave her water, and just made sure that she was

generally okay as we tried to find people she was with.

We found her phone on the ground about 4 yards away

from. We repeatedly called her three most recent contacts

for about 30 minutes and texted them until we finally got

a response. The guy she was with had left her to fend for

herself because he knew that she was entirely too drunk

and snorted cocaine before the concert and he did not

want to be associated, as he was drunk too.

He kept trying to get us to not contact the concert

police/EMT, even though she was clearly a danger to

herself and others. She could not hold herself up, hold

water down, or say anything coherent. We made the

choice to get her medical attention, and once she was in

their hands, we let them take care of everything. The guy

was afraid of what would happen to him/her if we got

her help, so he simply left her. Had we not found her and

made a concerted effort to get her help, I'm not sure she

would still be alive.

When people think of “alcohol medical amnesty,” they generally just think about alcohol poisoning as a reason to call for medical attention. But, this isn’t always the case. Freshman year, one of my classmates was drinking underage, and broke her arm. Instead of going to the hospital or calling for medical attention, she waited until she sobered up the next morning because she was afraid of being arrested. She spent the night in pain, put her health at risk, and could have possibly had more serious injuries that would have proved irreversible by the time she went to the hospital hours later.

Sarah Beck, Junior at the University of Georgia

I am not proud of that night, but unfortunately it happens to too many college students. That night I had a BAC of .35 and the nurse pretty much told me that if I had one more drink that night, I would have died. The sorority sisters at the party kept me at the [sorority] house as long as possible so that I could try to get better, but I was so bad that my heart was racing and my breathing was erratic. They took me to Athens Regional, which is farther away because they were scared to take me to St Mary's, due to the fact that St Mary's would arrest underage drinkers. If they didn't act and not take me to the hospital and get me pumped with fluids, then I would not be here today.

Anonymous, Junior at the University of Georgia

Personally, medical amnesty could have helped me quickly get a friend medical attention rather than hope it would come to him. When entering my dorm freshman year, I found my hall-mate passed out from alcohol intoxication. While I knew he had had too many, I didn't know if he qualified for alcohol poisoning. In a better world, I could have called the EMT way quickly, but instead, I was afraid that my good samaritan like acts would only earn me a hard interview by police and an MIP. In Georgia, it is an obvious fact that underage drinking exists. However, it’s disheartening that those who are supposed to keep us safe would arrest us while attempting to help others.

Thomas Calloway, Junior at the University of Georgia

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Our Recommendation

In this proposal, the External Affairs Committee of the Student Government

Association at the University of Georgia has researched the alcohol medical

amnesty policies of nine states and heard the stories of countless students

about how this law could have benefited them. Based on this research, we

recommend that Georgia peruse a policy that releases any criminal punishment

to persons who are seeking medical attention for themselves, or helping

another seek medical attention while under the age of 21 and under the

influence of alcohol, commonly referred to as Caller and Victim Alcohol Medical

Amnesty.

Fear of legal consequences should never prevent someone from saving

their life, or the life of another.

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The University of Georgia Student Government Association 102J Tate Student Center Athens, GA 30605

www.uga.edu/sga

About Us

The Student Government Association at the University of Georgia strives to be the

representative voice of student concerns, ideas and insights to our administrators,

campus and community to improve the educational and extracurricular experience

offered by this university.

For more information or questions, please contact UGA Student Government Association Director of External Affairs, Sarah Beck at:

SarahNBeck@gmail.com (404) 580-7582