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 Pennsylvania, Good Samaritan laws provide legal protection to individuals who voluntarily provide emergency care or assistance, without expectation of compensation, at the scene of an emergency. These protections are designed to encourage bystanders to assist others in distress by reducing the fear of legal repercussions for unintentional harm. Specifically, Pennsylvania's Good Samaritan law shields individuals from liability for civil damages as a result of any acts or omissions that may occur while rendering such emergency care, provided the actions are not willful or grossly negligent. Additionally, Pennsylvania has enacted a Good Samaritan drug overdose law, which offers immunity from prosecution for certain drug-related offenses to individuals who seek medical help for someone experiencing a drug overdose. This law aims to prioritize saving lives over penalizing drug use by protecting the person who calls 911 and the person experiencing the overdose from arrest, charge, or prosecution for possession of controlled substances, provided the evidence was obtained as a result of seeking medical assistance. The law also includes provisions for the administration of opioid overdose reversal agents like Naloxone.