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 New Jersey, Good Samaritan laws provide legal protection to individuals who voluntarily provide emergency care or assistance, without expectation of compensation, and act in good faith. This includes medical professionals and laypersons who come to the aid of others during emergencies such as car accidents or medical crises in public places. New Jersey also has a Good Samaritan Drug Overdose Law, which is designed to encourage people to seek medical assistance for someone experiencing a drug overdose without fear of arrest or prosecution for certain drug-related offenses. This law provides immunity from arrest, charge, and prosecution for possession or use of controlled substances and drug paraphernalia under specific circumstances. It also protects individuals who administer overdose reversal medications like Naloxone. To receive immunity, the person seeking help must act in good faith, which includes reporting the overdose to authorities and cooperating with emergency personnel. The law aims to prioritize saving lives over penalizing drug possession in the context of an overdose emergency.