§ 23-101-7. Noncooperation.
(a) Except as required by federal law, an officer or employee of a law enforcement agency,
while acting under color of law, may not provide information or assistance to a federal
law enforcement agency, to any law enforcement agency in another state or political
subdivision of another state, or to any private citizen in relation to an investigation
or inquiry into services constituting legally protected healthcare activity or aiding
and assisting legally protected healthcare activity, if such services would be lawful
as provided if they occurred entirely in this state.
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§ 23-101-7. Noncooperation.
(a) Except as required by federal law, an officer or employee of a law enforcement agency,
while acting under color of law, may not provide information or assistance to a federal
law enforcement agency, to any law enforcement agency in another state or political
subdivision of another state, or to any private citizen in relation to an investigation
or inquiry into services constituting legally protected healthcare activity or aiding
and assisting legally protected healthcare activity, if such services would be lawful
as provided if they occurred entirely in this state.
(b) No arrest. Notwithstanding any provision of state law to the contrary and except as required
by federal law, arrest of a person in this state is prohibited if at the time of the
arrest the arresting official has information or knowledge that the arrest is related
to criminal liability that is based on legally protected healthcare activity or aiding
and assisting legally protected healthcare activity and the services would be lawful
if they occurred entirely in this state.
(c) Exceptions. This section does not apply to a public agency, including a law enforcement agency,
or an employee, appointee, officer, or official or any other person acting on behalf
of a public agency:
(1) When responding to a warrant or extradition demand on the good faith belief that the
warrant or demand is valid in this state; or
(2) When exigent circumstances make compliance with this section impossible. For the purposes
of this subsection, "exigent circumstances� means circumstances in which there is
an insufficient time to comply with this section and there is a compelling need for
action due to the presence of an imminent danger to public safety, there is a potential
where evidence faces imminent destruction, or any other circumstances where "exigent
circumstances� as defined by common law exists.