Most states have Good Samaritan laws that generally protect a person who renders medical or nonmedical care at the scene of an emergency—in good faith and not for compensation—from liability for civil damages (money) resulting from any related act or omission (negligence).

These Good Samaritan laws vary from state to state but generally include protection for medical doctors and other health care providers who—while not working with an expectation of being paid for their services—volunteer to help in emergency situations such as the scene of an automobile accident, a person choking in a restaurant, or a person having a heart attack on an airplane.

Good Samaritan Drug Overdose Laws

Most states and the District of Columbia have passed Good Samaritan drug overdose laws—also known as 911 Good Samaritan laws—that generally provide immunity from arrest, charge, or prosecution for criminal offenses related to controlled substances and drug paraphernalia. These laws also sometimes provide immunity from the consequences of what would otherwise be violations of pretrial, probation, parole, order of protection, or restraining order terms and conditions. And sometimes these Good Samaritan drug overdose laws provide immunity from civil liability for a person who calls 911, administers resuscitation procedures, or administers an agent such as Naloxone (a rescue drug) following an opioid overdose, for example.

Good Samaritan drug overdose laws vary from state to state in the scope of covered criminal offenses and violations—and sometimes require a 911 caller, for example, to remain at the scene of a drug overdose and cooperate with emergency medical personnel. Many laws require a 911 caller to have a reasonable belief that someone is experiencing an overdose emergency and require the caller to have made the report of an emergency in good faith and not, for example, when the police are executing an arrest or search warrant.

In California, Good Samaritan laws provide legal protection to individuals who give reasonable assistance to those who are injured, ill, in peril, or otherwise incapacitated. Under California Health and Safety Code Section 1799.102, any person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency generally shall not be liable for any civil damages resulting from any act or omission. This includes medical professionals and laypersons who assist in an emergency without expectation of payment. Additionally, California's Good Samaritan drug overdose laws, as outlined in the Health and Safety Code Section 11376.5, offer protections to individuals who seek medical help during a drug overdose situation. These laws aim to encourage people to call 911 by providing immunity from arrest, charge, or prosecution for minor drug violations when a person, in good faith, seeks medical assistance for an overdose. The law also extends to individuals who administer emergency aid such as Naloxone. However, these protections are not absolute and do not shield individuals from prosecution for more serious offenses or if the assistance is not provided in good faith.