Active Medical Assistance Protocol (AMAP)
The university community values the health and safety of its members and supports an environment that encourages students to come to the assistance of one another. To that end, the active medical assistance protocol (AMAP) sets forth an expectation that community members take responsible action when the health or safety of a student is compromised due to overuse or abuse of alcohol or illicit substances and/or as a result of hazing activity.
Amnesty from university disciplinary action and University Police action will be granted to the student(s) for whom medical assistance is summoned and for those seeking assistance from emergency services personnel [1] when all of the following conditions apply:
- An individual contacted emergency services personnel based on a reasonable belief that another individual was in need of immediate medical attention, which had not otherwise been sought, to prevent death or serious bodily injury;
- The individual seeking assistance provided their own name to the emergency services personnel; and
- The individual requesting assistance remained with the individual believed to be in need of medical assistance until emergency services personnel arrived and the need for the concerned individual's presence had ended.
Those seeking assistance will be assured that the university will likewise not pursue further university action against any individual or organization involved in such an incident when appropriate medical attention is sought. Students who are directly involved in attending to the compromised student until help arrives will also be granted amnesty from university action. Students involved in an incident for which amnesty is granted will be provided appropriate educational or developmental interventions.
In cases where help is indicated but not sought, the most severe disciplinary action will be taken against all students involved.
This protocol extends the university’s previously established Alcohol Medical Assistance Protocol (1999) and is consistent with the spirit of several Pennsylvania laws that include safe harbor provisions granting immunity from criminal prosecution for seeking medical assistance.
[1] Emergency services personnel include Carnegie Mellon University Police, CMU Student Emergency Medical Services, and other university staff (i.e. Resident Assistants, Community Advisors and Housefellows) who serve in an emergency response capacity. Amnesty may similarly be granted, per the laws cited in this protocol, when non-university law enforcement agencies and/or emergency medical services are contacted though the university will generally have no authority in those determinations.
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Related Pennsylvania Laws:
Pennsylvania Alcohol Medical Safe Harbor – 18 Pa.C.S. § 6308.1
(a) Immunity for the individual seeking medical attention for another. — An individual shall not be prosecuted for an offense under section 6308(a) (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) if the individual can establish all of the following:
(1) A law enforcement officer first became aware of the individual’s violation of section 6308(a) because the individual placed a 911 call or contacted campus security, police or emergency services, based on a reasonable belief that another individual was in need of immediate medical attention to prevent death or serious bodily injury.
(2) The individual reasonably believed the individual was the first individual to make a 911 call or contact campus security, police or emergency services and report that the other individual needed immediate medical attention to prevent death or serious bodily injury.
(3) The individual provided the individual’s own name to the 911 operator or equivalent campus security officer, police or emergency services personnel.
(4) The individual remained with the other individual needing medical assistance until a campus security officer, police or emergency services personnel arrived and the need for the individual’s presence ended.
(b) Immunity for the individual needing medical attention. — An individual needing medical attention shall be immune under this section from prosecution for an offense under section 6308(a) if another individual reported the incident and remained with the individual needing medical attention and is entitled to immunity under this section.
(c) Limitations. — The immunity described under this section shall be limited as follows:
(1) This section may not bar prosecuting a person for an offense under section 6308(a) if a law enforcement officer learns of the offense prior to and independent of the action of seeking or obtaining emergency assistance as described in subsection (a).
(2) This section shall not interfere with or prevent the investigation, arrest, charging or prosecution of an individual for a crime other than an offense under section 6308(a).
(3) This section shall not bar the admissibility of evidence in connection with the investigation and prosecution for a crime other than an offense under section 6308(a).
(4) This section shall not bar the admissibility of evidence in connection with the investigation and prosecution of a crime with regard to another defendant who does not independently qualify for immunity under this section.
(d) Good faith immunity.— In addition to any other applicable immunity or limitation on civil liability, a law enforcement officer, campus security officer or prosecuting attorney who, acting in good faith, charges a person who is thereafter determined to be entitled to immunity under this section shall not be subject to civil liability for the filing of the charges.
(e) Definitions. — As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
“911 system.” A system, including enhanced 911 service and a wireless e-911 system, that permits a person dialing 911 by telephone to be connected to a public safety answering point, via normal telephone facilities, for the reporting of police, fire, medical or other emergency situations.
“Campus security officer.” An employee of an institution of higher education charged with maintaining the safety and security of the property of the institution and persons on the property.
“Emergency services personnel.” Individuals, including a trained volunteer or a member of the armed forces of the United States or the National Guard, whose official or assigned responsibilities include performing or directly supporting the performance of emergency medical and rescue services or firefighting.
“Law enforcement officer.” A person who by virtue of the person’s office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or a person on active State duty under 51 Pa.C.S. § 508 (relating to active duty for emergency).
Pennsylvania Drug Overdose Response Immunity – 35 P,S. § 780-113.7
(a) A person may not be charged and shall be immune from prosecution for any offense listed in subsection (b) and for a violation of probation or parole if the person can establish the following:
(1) law enforcement officers only became aware of the person’s commission of an offense listed in subsection (b) because the person transported a person experiencing a drug overdose event to a law enforcement agency, a campus security office or a health care facility; or
(2) all of the following apply:
(i) the person reported, in good faith, a drug overdose event to a law enforcement officer, the 911 system, a campus security officer or emergency services personnel and the report was made on the reasonable belief that another person was in need of immediate medical attention and was necessary to prevent death or serious bodily injury due to a drug overdose;
(ii) the person provided his own name and location and cooperated with the law enforcement officer, 911 system, campus security officer or emergency services personnel; and
(iii) the person remained with the person needing immediate medical attention until a law enforcement officer, a campus security officer or emergency services personnel arrived.
(b) The prohibition on charging or prosecuting a person as described in subsection (a) bars charging or prosecuting a person for probation and parole violations and for violations of section 13(a)(5), (16), (19), (31), (32), (33) and (37).
(c) Persons experiencing drug overdose events may not be charged and shall be immune from prosecution as provided in subsection (b) if a person who transported or reported and remained with them may not be charged and is entitled to immunity under this section.
(d) The prohibition on charging or prosecuting a person as described in this section is limited in the following respects:
(1) This section may not bar charging or prosecuting a person for offenses enumerated in subsection (b) if a law enforcement officer obtains information prior to or independent of the action of seeking or obtaining emergency assistance as described in subsection (a).
(2) This section may not interfere with or prevent the investigation, arrest, charging or prosecution of a person for the delivery or distribution of a controlled substance, drug-induced homicide or any other crime not set forth in subsection (b).
(3) This section may not bar the admissibility of any evidence in connection with the investigation and prosecution for any other prosecution not barred by this section.
(4) This section may not bar the admissibility of any evidence in connection with the investigation and prosecution of a crime with regard to another defendant who does not independently qualify for the prohibition on charging or prosecuting a person as provided for by this section.
(e) In addition to any other applicable immunity or limitation on civil liability, a law enforcement officer or prosecuting attorney who, acting in good faith, charges a person who is thereafter determined to be entitled to immunity under this section shall not be subject to civil liability for the filing of the charges.
(f) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
“911 system.” A system, including enhanced 911 service and a wireless E-911 system, that permits a person dialing 911 by telephone to be connected to a public safety answering point, via normal telephone facilities, for the reporting of police, fire, medical or other emergency situations.
“Campus security officer.” An employee of an institution of higher education charged with maintaining the safety and security of the property of the institution and the persons on the property.
“Drug overdose event.” An acute medical condition, including, but not limited to, severe physical illness, coma, mania, hysteria or death, which is the result of consumption or use of one or more controlled substances causing an adverse reaction. A patient’s condition shall be deemed to be a drug overdose if a prudent layperson, possessing an average knowledge of medicine and health, would reasonably believe that the condition is in fact a drug overdose and requires immediate medical attention.
“Emergency services personnel.” Individuals, including a trained volunteer or a member of the armed forces of the United States or the National Guard, whose official or assigned responsibilities include performing or directly supporting the performance of emergency medical and rescue services or firefighting.
“Law enforcement officer.” A person who by virtue of the person’s office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or a person on active State duty under 51 Pa.C.S. Section 508 (relating to active duty for emergency).
Pennsylvania Hazing Medical Safe Harbor – 18 Pa.C.S. § 2810
(a) Immunity for the individual seeking medical attention for another. — An individual shall not be prosecuted for an offense under this chapter if the individual can establish all of the following:
(1) A law enforcement officer first became aware of the individual’s violation of this chapter because the individual placed a 911 call or contacted campus security, police or emergency services, based on a reasonable belief that another individual was in need of immediate medical attention to prevent death or serious bodily injury.
(2) The individual reasonably believed the individual was the first individual to make a 911 call or contact campus security, police or emergency services and report that an individual needed immediate medical attention to prevent death or serious bodily injury.
(3) The individual provided the individual’s own name to the 911 operator or equivalent campus security officer, police or emergency services personnel.
(4) The individual remained with the individual needing medical assistance until a campus security officer, police or emergency services personnel arrived and the need for the individual’s presence had ended.
(b) Derivative immunity for the individual needing medical attention. — An individual needing medical attention shall be immune under this section from prosecution for an offense under this chapter or section 6308(a) (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) only if another individual against whom probable cause exists to charge an offense under this chapter reported the incident and remained with the individual needing medical attention and the other individual qualifies for a safe harbor under this section.
(c) Limitations. — The safe harbors described under this section shall be limited as follows:
(1) This section may not bar prosecuting a person for an offense under this chapter if a law enforcement officer learns of the offense prior to and independent of the action of seeking or obtaining emergency assistance as described in subsection (a).
(2) This section shall not interfere with or prevent the investigation, arrest, charging or prosecution of an individual for a crime other than an offense under this chapter or section 6308(a).
(3) This section shall not bar the admissibility of evidence in connection with the investigation and prosecution for a crime other than an offense under this chapter or section 6308(a).
(4) This section shall not bar the admissibility of evidence in connection with the investigation and prosecution of a crime with regard to another defendant who does not independently qualify for a safe harbor under this section.
(d) Civil immunity.— In addition to any other applicable immunity or limitation on civil liability, a law enforcement officer, campus security officer or prosecuting attorney who acting in good faith, charges a person who is thereafter determined to be entitled to immunity under this section shall not be subject to civil liability for the filing of the charges.