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 Virginia, Good Samaritan laws provide legal protection to individuals who voluntarily provide emergency medical or nonmedical assistance to those in need, without expectation of compensation. These laws aim to encourage bystanders to assist in emergencies by reducing the fear of legal repercussions for unintentional harm. Specifically, Virginia Code § 8.01-225 grants immunity from civil damages to any person who, in good faith and without compensation, renders emergency care or assistance at the scene of an accident or emergency to an injured person. This protection applies unless the individual's actions constitute gross negligence or willful misconduct. Additionally, Virginia has enacted Good Samaritan drug overdose laws, which are designed to encourage people to seek medical help for individuals experiencing a drug overdose without fear of certain legal consequences. Under Virginia Code § 18.2-251.03, individuals who report an overdose in good faith are provided with limited immunity from prosecution for possession of controlled substances, possession of marijuana, and intoxication in public. This immunity is contingent upon the person remaining at the scene until assistance arrives and cooperating with emergency personnel. The law also provides immunity for the administration of Naloxone or other opioid antagonists in cases of suspected opioid overdoses. However, the scope of immunity and the specific conditions under which it applies can vary, so it is important for individuals to understand the details of these laws.