Opioid crisis: Pharmacist wants law to fight fear of cops

What’s more important, making a drug arrest or saving a life?

That’s the question that Lisa Vayda is putting to the state Legislature.

And lawmakers are listening.

Vayda is asking legislators to pass a “911 Good Samaritan” law that would shield people from arrest and prosecution when calling in an overdose emergency, even if they’re high when they do it.

A pharmacist, Vayda has been on a crusade against the opioid drug epidemic that has swept the country and Kansas.

Kansas saw more than 63,000 overdoses and 313 deaths in 2016. It’s especially a problem among teens who get hooked on prescription painkillers they can find in the medicine cabinet in their own home, she said.

They’re also the ones who are most likely to be afraid to get in trouble for calling for help in a drug emergency, Vayda said.

“This is about kids’ safety; how do you get more people to actually call 911?” she said.

Last year, Vayda campaigned successfully for a law to allow emergency responders to carry naloxone, a drug that can save lives by negating opioid overdoses.

She said she learned about 911 Good Samaritan laws while researching last year’s bill. According to documents Vayda supplied to lawmakers, 40 states already have some form of the law on the books, though they vary from state to state.

The law Vayda’s proposing would shield users only from prosecution for simple possession and use violations. Police could still make arrests if they find evidence of manufacturing or dealing drugs, she said

Sedgwick County Sheriff Jeff Easter was at the Wednesday night legislative forum where Vayda brought her request to lawmakers.

“It’s the first time I’ve heard of that,” Easter said. “I made myself a note to look at that.”

Easter said such a program might dovetail with other anti-drug initiatives being considered at the county.

He said he’s already working with local judges, prosecutors and health professionals to start a similar program called “A Way Out.”

That program allows a person who has an opioid addiction to call or walk in to a participating police station and ask for help without fear of being arrested, even if the person is under the influence or carrying drugs at the time.

The police then work with the person and the health department to come up with a program of treatment instead of punishment.

Easter said the program has shown success in fighting opioid addiction in the Chicago area and he thinks it could help here.

“We’ve got to take a look at doing something different, to be honest,” Easter said.

Lawmakers from both sides of the political spectrum said they think the idea of a 911 Good Samaritan law could be promising.

Rep. John Carmichael, D-Wichita, said he will ask the Legislative Research Department to evaluate what other states have done with an eye toward drafting a Kansas bill.

“It’s worth looking into. It seems like a good idea,” he said.

Rep. John Whitmer, R-Wichita, said the concept is similar to a bill the Legislature passed a couple of years ago to help address underage drinking on college campuses.

That state law shields college students from arrest if they call 911 to report suspected alcohol poisoning, he said.

Rep. Chuck Weber, R-Wichita, said he’s been looking into “smart justice” initiatives that seek to provide treatment and educational alternatives instead of jail time for nonviolent offenders.

On Vayda’s proposal, he said “I think it’s got some merit.”

Locking up small time drug users “takes away valuable law-enforcement resources” that could be put to better uses, he said.

“I think we should put dangerous people in jail and stupid people in treatment,” he said.

This story was originally published January 4, 2018 at 11:28 AM with the headline "Opioid crisis: Pharmacist wants law to fight fear of cops."