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 Montana, Good Samaritan laws provide legal protection to individuals who voluntarily provide emergency medical or nonmedical assistance to those in need, without expectation of compensation. These laws aim to encourage bystanders to assist in emergencies by reducing the fear of legal repercussions for unintentional harm or negligence. Specifically, Montana Code Annotated § 27-1-714 shields any person who renders emergency care at the scene of an emergency or accident from liability for any civil damages, provided the assistance is given without gross negligence or willful misconduct. Additionally, Montana has a Good Samaritan drug overdose law, found in Montana Code Annotated § 50-32-304, which offers certain protections to individuals who seek medical assistance for someone experiencing a drug overdose. This law provides immunity from criminal prosecution for possession of controlled substances or drug paraphernalia for the person seeking help and the person overdosing, as long as the evidence for the charge was obtained as a result of the person seeking help. The law encourages individuals to call 911 during an overdose situation by reducing the fear of legal consequences related to drug possession.