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 South Carolina, Good Samaritan laws provide legal protection to individuals who offer assistance during emergencies. These laws are designed to encourage bystanders to help those in need without fear of legal repercussions. Specifically, South Carolina Code § 15-1-310 protects any person who in good faith gratuitously renders emergency care at the scene of an accident or emergency from liability for any civil damages as a result of acts or omissions. This protection does not extend to gross negligence or intentional wrongdoing. Additionally, South Carolina has enacted a Good Samaritan Overdose Prevention Law, found in South Carolina Code § 44-130-20, which offers limited immunity from prosecution for minor drug-related offenses to individuals who seek medical assistance for someone experiencing a suspected drug overdose. This law aims to reduce overdose deaths by encouraging people to call 911 without fear of legal consequences. The immunity is conditional and does not protect against more serious charges or if the individual seeking help is found to be involved in other illegal activities.