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 Illinois, Good Samaritan laws provide legal protection to individuals who voluntarily provide emergency medical or nonmedical assistance to those in need, without the expectation of compensation. These laws aim to encourage bystanders to assist in emergencies by offering immunity from civil liability for any unintentional harm that may result from their aid, as long as the actions are performed in good faith. Specifically, the Illinois Good Samaritan Act (745 ILCS 49/) outlines various protections for medical professionals and laypersons who render emergency care. Additionally, Illinois has enacted Good Samaritan drug overdose laws, which are designed to reduce drug overdose deaths by encouraging witnesses or victims to call 911 without fear of arrest or prosecution for controlled substance offenses. Under the Illinois Emergency Medical Services Access Law (720 ILCS 570/414), individuals who seek or provide help during an overdose are granted immunity from certain drug-related charges. These laws typically require the person to act in good faith, remain at the scene, and cooperate with emergency personnel. The use of opioid antagonists like Naloxone to reverse overdoses is also covered under these protections.