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 Colorado, Good Samaritan laws provide legal protection to individuals who render emergency medical or nonmedical assistance at the scene of an emergency. These laws are designed to encourage bystanders to assist others in distress by offering immunity from civil damages for acts or omissions that might otherwise be considered negligent, as long as the assistance is given in good faith and without expectation of compensation. Specifically, Colorado's Good Samaritan law covers medical professionals and laypersons who provide emergency care. Additionally, Colorado has enacted Good Samaritan drug overdose laws, which offer protections to individuals who seek medical help during a drug overdose situation. These laws generally provide immunity from arrest, charge, or prosecution for certain drug-related offenses to the person who calls 911 or administers aid, such as Naloxone, to someone experiencing an overdose. The caller must act in good faith, with a reasonable belief that an overdose is occurring, and is often required to cooperate with emergency personnel. The intent of these laws is to reduce the hesitation to seek help for fear of legal repercussions, thereby potentially saving lives during overdose situations.