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 Idaho, Good Samaritan laws provide legal protection to individuals who voluntarily provide emergency medical or nonmedical assistance, without expectation of compensation, to those in need during an emergency situation. These protections are designed to encourage bystanders to assist others without fear of legal repercussions for unintentional harm or negligence. Specifically, Idaho Code §5-330 provides immunity from civil liability for any person who renders emergency care at the scene of an emergency, unless acts or omissions constitute gross negligence or willful misconduct. Additionally, Idaho has a Good Samaritan law related to drug overdoses, found in Idaho Code §37-2739C, which offers certain protections to individuals who seek medical assistance for someone experiencing a drug overdose. This law aims to reduce overdose deaths by encouraging people to call 911 without fear of arrest or prosecution for possession of controlled substances or paraphernalia. The law stipulates conditions for immunity, such as the requirement that the person seeking help must have a reasonable belief that someone is experiencing an overdose and must act in good faith. However, the law does not protect against all drug-related offenses, and the scope of immunity may vary depending on the circumstances.