[Interim] Medical Amnesty Policy University of Montana

http://www.umt.edu/policies/browse/student-affairs/medical-amnesty

Active from 1/21/2021-1/21/2024

Purpose

The University of Montana strongly encourages students and organizations to immediately contact University staff, emergency medical services, and/or law enforcement when they have reason to believe that a student’s health or safety is at risk.

Policy

To mitigate barriers to requesting medical aid that may be caused by consumption or use of alcohol or drugs, a Medical Amnesty policy shall apply to:

• Students who request aid for themselves;

• Students who request aid for another student(s);

• Students for whom aid is rendered; and

• Students whose violations of alcohol or drug policies were discovered because of a call for medical assistance.

In the situation where a student needs medical assistance, the student(s) who requests and/or receives emergency medical aid and fully complies with University, medical, and/or law enforcement personnel will not be issued disciplinary sanctions nor have conduct files created for any violation of the University’s drug or alcohol policies that occurred in connection with the reported incident. 

If the University of Montana becomes aware of students who violated the drug or alcohol policies because of a call for medical assistance, then these students will also be covered by the Medical Amnesty policy.

In order for amnesty policies to apply, the University of Montana may require students involved to participate in an alcohol/drug education program or seek medical treatment for alcohol and/or drug abuse, but these requirements will not be recorded as disciplinary sanctions.

 The following are not covered by the Medical Amnesty policy:

• Other violations occurring concurrently with the alcohol or drug consumption, such as hazing, causing or threatening physical harm, vandalism, and/or possession with the intent to distribute drugs

• If a University or other official has already responded or is on scene, then medical amnesty does not apply

Students and organizations may be subject to disciplinary measures if they discourage or otherwise interfere with outreach to emergency medical services or law enforcement in the event of a medical emergency.

The University of Montana encourages students to call for help anytime there is concern for their own health or the health of others.  The Community Standards Office may issue sanctions to students and organizations, including but not limited to the alcohol or drug sanctions, to students and organizations who purposely misuse the Medical Amnesty policy.

This policy does not preclude or prevent action by police or other legal authorities pursuant to relevant state or federal criminal statutes. Montana has multiple laws offering Good Samaritan protections: MCA § 50-32-609 provides protections in situations involving drugs, and MCA § 45-5-624(10) provides protections in situations involving minors in possession of alcohol.