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 Utah, Good Samaritan laws provide legal protection to individuals who render emergency medical or nonmedical assistance to those in need, as long as the assistance is given in good faith, without expectation of compensation, and without gross negligence or willful misconduct. Specifically, Utah Code Section 78B-4-501 offers immunity from civil liability to any person who renders emergency care at or near the scene of an emergency, unless the person acts with gross negligence or intentional misconduct. Additionally, Utah has enacted a Good Samaritan drug overdose law, found in Utah Code Section 76-3-203.9, which provides immunity from prosecution for individuals who seek medical assistance for someone experiencing a drug overdose. This law is designed to encourage people to call 911 without fear of legal repercussions for possession of controlled substances or drug paraphernalia. The law requires the reporting party to have a reasonable belief that someone is experiencing an overdose, to report the emergency in good faith, and to remain on the scene and cooperate with emergency personnel. However, the immunity is not absolute and does not protect against arrest or charges for other offenses, such as drug trafficking.