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 North Carolina, Good Samaritan laws provide legal protection to individuals who voluntarily provide emergency care to injured or ill persons, without expectation of compensation. These laws are designed to encourage bystanders to assist in emergencies by reducing the fear of legal repercussions. Specifically, North Carolina General Statute § 90-21.14 offers immunity from civil liability to any person who renders first aid or emergency health care treatment to a person in need, provided the assistance is given in good faith, without compensation, and does not constitute gross negligence or willful or wanton misconduct. Additionally, North Carolina has enacted Good Samaritan drug overdose laws, which are found in General Statute § 90-96.2. This statute provides certain protections for individuals who seek medical assistance for someone experiencing a drug overdose, including immunity from prosecution for possession of small amounts of drugs or paraphernalia. The law aims to encourage people to call 911 during an overdose situation without fear of arrest or prosecution for minor drug offenses. However, these protections are not absolute and do not cover more serious drug crimes or other unrelated criminal activity.